Criminal Justice Today Ch 10: Pretrial Activities and the Criminal Trial

First Appearance

- An appearance before a magistrate - legality of the defendants arrest is assessed - defendant is informed of charges on which he or she is being held. - rights advisement - bail may be set or pretrial release arranged.

preliminary hearing

- if crime was committed - if defendant is person to committ crime (probable cause) - competency - any misconduct when determines release, bail, or early intervention program

Stages of a Criminal Trial

1. Trial initiation 2. Jury selection 3. Opening statements 4. Presentation of evidence 5. Closing arguments 6. Judges charge to the jury 7. Jury deliberations 8. Verdict

appearance bond

10% of bail deposited, will get 90% of that after case closed

Speedy Trial Act

1974 federal law requiring that proceedings against a defendant in a federal criminal case begin within a specified period of time.

Bail Bond

A document guaranteeing the appearance of a defendant in court as required with the accused promising money or property to be paid to the court if he or she does not appear.

Competent to Stand Trial

A finding of the court that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding of the proceedings against him or her. determined @ prelim. hearing

Sequestered Jury

A jury that is isolated from the public during the course of a trial and throughout the deliberation process.

Nolo Contendere

A plea of "no contest." Does not admit guilt but also cannot provide basis for later civil suits that might arise following criminal conviction.

Evidence

Anything useful to a judge or jury in deciding a case. Can be witness testimony, written documents, videos, photos, objects, etc.

types of bail bonds

Cash Surety Appearance Recognizance Unsecured Property Conditional Signature

Rules of Evidence

Court rules that govern the admissibility at criminal hearings and trials.

Real Evidence

Evidence that consists of physical material or traces of physical activity.

Direct Evidence

Evidence that if believed, directly proves a fact (eyewitness testimony, video documentation)

Circumstantial Evidence

Evidence that requires interpretation. Requires the judge or jury to draw conclusions.

Plea

In criminal proceedings, the defendants formal answer to charge against him or her (guilty, not guilty, no contest)

Opening Statements

Initial statement of the prosecutor or the defense attorney made in court to a judge or jury describing the facts that he or she intends to present during trial to prove their case.

Perjury

Intentional making of a false statement as part of the testimony of a sworn witness.

count reduction

Judges offer to sentence defendants to concurrent sentences rather than consecutive recommend leniency to judge

Danger Law

Law intended to prevent the pretrial release of criminal defendants deemed a danger to others in the community.

Closing Argument

Oral summation of a case presented to a judge/jury by the defense or prosecution in a criminal trial.

Jury Selection

Process in which members of a jury are chosen.

Plea Bargaining

Process of negotiating an agreement among the defendant, prosecutor, and court as to appropriate plea and sentence in a case.

ROR

Release on recognizance. Release of a criminal defendant on his or her written promise to appear in court as required.

Hearsay

Something that is not based on the personal knowledge of a witness.

Probative Value

The degree to which a particular item of evidence is useful in proving something in a trial.

information or indictment

The grand jury hears evidence presented by the prosecutor and decides whether the case should go to trial. indictment- filed by prosecutor no defense present true bill or no bill

Conditional Release

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence.

Pretrial Release

The release of an accused person from custody on his or her promise to appear in court when required.

Peremptory Challenge

The right to challenge a potential juror without disclosing a reason.

Property Bond

The setting of bail in the form of land, houses, stocks, or other tangible property.

Adversarial System

Two sided structure under which American criminal trial courts operate (pits the prosecution against the defense)

pre-trial proceedings

arrest booking first appearance preliminary hearing information or indictment arrangement and plea

array challenge

biased/nonrepresentative jury pool

surety bond

bondsman will provide insurance if you don't show fee

bail reform act

can detain someone without opportunity of bail if threat to society individual v. social interest

jury v. bench trial factors

character of defense, judge, and nature of case

types of pretrial motions

continuance discovery suppression change of venue dismissal

pretrial motions both sides can use

continuance and dismissal

reasons for dismissal

death of important player, loss of evidence, not sound case, violation of speedy trial, plea, confession, suppression of something the prosecutor needs

booking

fingerprints, mugshot, search establish identity and charges can only be 48 hours before cut loose or formal charges (but can be rearrested) no rights to attorney until line of interrogative questioning not part of critical stage

cons of plea bargaining

gives deal to "bad guy" innocent people get convicted

arraignment/ plea

if guilt- waives right for prosecution to prove beyond reasonable doubt

cause challenge

juror shows bias

setting bail

misdemeanor: strict guidelines felony: discretion

right to jury trial?

only if facing 6months +

Arrest

police initiated judge initiated grand jury indictment (of jurors)

purpose of jury

prevent government oppression

probable cause

prima facie

horizontal overcharging

prosecutor brings a number of different counts for a single criminal incident concurrent sentences tho so no difference in imprisonment time

vertical overcharging

reduce charge

pros of plea bargaining

reduce judicial backup cheaper higher conviction rate

manhattan bail project

release pretrial based on risk assessment, not ability to pay bail

vera report

risk assessment to determine release instead of bail

types of plea bargains

vertical overcharging, horizontal overcharging, count reduction