intro to criminal justice Chapter 10: pretrial and trial procedures

jury selection

-Jurors are selected randomly in criminal and civil cases from driver's license databases, tax assessment lists, voter registration lists, etc. -Critics say these lists do not necessarily represent "peers" of some of the defendants and other data should be used like unemployment records and welfare databases. -Qualifications - usually residency (but not always), no convicted felons, no public officials, usually no attorneys, seldom police officers, etc.

pretrial procedures

Includes everything that takes place after an arrest and before a trial Grand Jury Indictments Preliminary Hearings Arraignment Bail Proceedings Plea Bargaining Important phase because many cases can be resolved during the pretrial process.

verdict pt 2

Innocence does not play a role in the verdict - it comes down to whether the EVIDENCE was strong enough to prove guilt beyond a reasonable doubt or not. if verdict can not be reached it is considered a hung jury

Role of Defense Counsel in Plea Bargaining

Most important - make sure def. understands the plea bargaining process and what a guilty plea means Need to be aware of case facts and applicable laws Inform the def. about alternatives Ethically and constitutionally required to communicate all plea bargaining offers to the def. even if they are unacceptable

plea bargaining for prosecutor

Prosecutor has a lot of discretion and freedom during plea bargaining. A way to get out of weak or less serious cases without a lot of cost or time Can consider: seriousness of crime, attitude of victim, police report of incident, applicable sentencing provisions, def. record, def. age, type/strength/admissibility of evidence

supporting of plea bargaining

Reduces the costs of prosecutions Administrative efficiency of courts is improved Prosecution can devote time and resources to more important cases Def. avoids possible detention, extended trial, and may get

cross-examination

The questioning of a prosecution witness by the defense witness by the prosecution

3 initial plea options

1) Guilty- defendant admits to all charges and the court begins the sentencing phase 2) Not guilty- defendant disputes the charges, trial date is set, and plea negotiations can begin 3) no Contest- defendant submits to sentencing without any formal admission of guilt that could be used against them in civil court

The trial process

1) Jury Selection 2) Opening Statements 3) Prosecution Case 4) Defense Case 5) Closing Arguments 6) Jury Instructions 7) Deliberations & Verdict 8) Sentencing 9) Appeal Process

sentencing

Usually judge is responsible for deciding sentencing - some jurisdiction and some cases juries decide or make recommendations to the judge. Sentencing is often based on information and recommendations from Probation Dept. after a presentence investigation report has been completed. Statutory requirements are taken into consideration but judge usually has some discretion.

Role of Judge in Plea Bargaining

Very controversial - American Bar Assoc. opposes judicial participation in plea bargaining Creates impression in def mind that they an not get a fair trial if this judge is trying to get them to plead Judge is no longer objective 3rd party Def. pressured to accept plea because judge suggests it Still in some jurisdictions - judges do participate and work with prosecutors to get a plea settled

during defense case

1) cross examination, 2) Direct examination, 3) re-direct examination

non-financial types of bail

1) release on Recognizance 2) conditional release- promise to fulfill some stated requirements beyond ROR

Legal rights during trial

1) right to an impartial Judge 2)right to be competent at trial 3)right to confront witnesses 4right to the compulsory process 5) right to an impartial jury 6) right to counsel 7) right to self-representation 8) right to a speedy trial 9) right to a public trial 10) right to be convicted by proof beyond a reasonable doubt

types of evidence

1) testimony 2) real evidence 3) documentary evidence 4) circumstantial evidence 5) relevant evidentiary value

Financial types

1)Full Cash 2) unsecured bail 3) Deposit Bail 4) Surety Bail

types of bail

1. Full cash bail 2. deposit bail 3. surety bail 4. conditional bail 5. unsecured bond 6. release on recognizance

false confession reasons

1. duress 2. coercion 3. intoxication 4. diminished capacity 5. mental impairment 6. ignorance of the law 7. fear of violence

Bail release mechanisms

1. police field citation release 2.police station house citation release 3. pretrial jail citation release 4.court direct release by pretrial bail program 5. Court bail schedule

legal rights during a trial

1. to an impartial judge 2. to be competent 3. to confront witnesses 4.to compulsory process 5. to an impartial jury 6. to counsel at trial 7. to a speedy trial 8. to a public trial 9. to be convicted by proof beyond a reasonable doubt

Role of Victim in Plea Bargaining

Victims do not play a role in pretrial procedures so they do not have a role in the plea bargaining process. Some prosecutors do confer with the victim about accepting a plea - but they do not have to follow the victim's feelings about it

information

a formal charging document, based on probable cause as determined at a preliminary hearing

directed verdict

a judges order directing a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to the law

writ of habeas corpus

a judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and detention. Habeas Corpus is a legal device used to request that a judicial body review the reasons for a persons confinement and the conditions of confinement. is also known as The great writ

jury nullification

a jurys refusal to render a verdict according to the law and fact regardless of the evidence presented

avertable recidivist

a person whose crime would have been prevented if he or she had not been given discretionary release and instead had been kept behind bars

nolo contendere

a plea of no contest, the defendant submits to sentencing without any formal admission of guilt that could be used against them in a subsequent civil suit

release on recognizance (ROR)

a pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all subsequent proceedings

Manhattan Bail project

- concern over indigent def. having to remain in jail because the couldn't afford bail. - good background needed for release Federal Bail Reform Act of 1966 - established presumption that ROR be considered before money bail in appropriate non-capital cases.

appeal

a request for an appellate court to examine a lower courts decision in order to determine whether proper procedures were followed

complaint

a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting indictment and prosecution

indiciment

a written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause

exculpatory evidence

all information that is material and favorable to the accused defendant because it casts doubt on the defendants guilt or on the evidence the government intends to use at trial

compulsory process

compelling the production of a witness or evidence via a subpoena

considerations for bail

considered on three elements 1)crime type 2) flight risk 3) dangerousness unfair towards the poor

challenge for cause

dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, because they have prior knowledge of the case, or the individuals inability to render a fair and impartial judgement

peremptory challenge

dismissal of a prospective juror by either the prosecution or the defense for unexplained, discretionary reasons

8th amendment

excessive bail

first amendment

guarantees freedom of speech, religion, press, and the assembly, and the right of the people to potion the government for redress of grievances

preliminary hearing

hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime

plea bargaining

informal justice cornerstone 4 ways to plea bargain 1) initial charges are reduced thus reducing possible sentence as well 2) reduce number of counts 3) prosecutor can promise to recommend lighter sentence 4) prosecutor can alter charge to one that is more socially acceptable

after indictment: arraignment

initial court appearance at which the accused is read the formal charges against them, advised of their rights, asked to enter a plea, and decision of release are argued and decided.

arraignment

initial trial court appearance, accused is read the charges, advised of rights and asked to enter a plea. 3 pleas: guilty, not guilty, or nolo contendere

pretrial procedures

legal and administrative actions that take place after arrest and before trial, including grand jury indictments, preliminary hearing,bail, and pleas

bail

most critical decision at pretrial stage is the defendants eligibility for bail -judge determines eligibility -remain if jail if they can't pay it 64%, make bail -not for punishment, more appearances

directed verdict

order directing the jury to acquit because the state has not proven the elements of the crime or otherwise established guilt according to the law.

pretrial detainees

people who are either died bail or cannot afford to post bail before trial and re kept in secure confinement

possible pretrial resolutions

prosecutorial discretion evidence problems, witness problems, office policy Prosecutors can Nolle Pros a case even after formal charges for similar reasons or the use of diversion program Non-judicial settlement or a plea bargain can be reached

felony arrest pretrial process

require the establishment of probable cause before anything Two ways of doing this: --Indictment - prosecutor will present the indictment (a formal charging document) to the grand jury who will decide to endorse or deny the indictment --Information - formal charging document similar to indictment presented to judge at a preliminary hearing - judge decides if defendant will be held to answer for the charges in felony court

hearsay evidence

testimony that is not first hand but, rather, relates information told by a second party

no bill

the action by a grand jury when it votes not to indict an accused suspect

true bill

the action by a grand jury when it votes to indict an accused suspect

confrontation clause

the constitutional right of a criminal defendant to see and cross examine all the witnesses against him or her

adjudication

the determination of guilt or innocence- a judgement concerning criminal charges

verdict

the finding of a jury or a judge on questions of fact at a trial

venire

the group called for jury duty from which jury panels are selected

direct examination

the initial questioning of ones own ( prosecution or defense) witness during a trial

preponderance of the evidence

the level of proof in civil cases; more than half the evidence supports the allegations of one side

bail

the monetary amount required for pretrial release, normally set by a judge at the initial appearance. the purpose of bail is to ensure the return of the accused at subsequent proceedings

voir dire

the process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective

presentment

the report of a grand jury investigation, which usually

proof beyond a reasonable doubt

the standard proof needed to convict in a criminal case. the evidence offered in court does not have to amount to absolute certainty,

preventive detention

the statutory authorization to deny bail to a particular individual who is considered dangerous or a flight risk

bench trial

the trial of a criminal matter by a judge only. the accused waives any constitutional right to a jury trial

evidence standards

Beyond a reasonable doubt - criminal trial Clear and convincing evidence - civil commitment / insanity defense Preponderance of evidence - civil trial

critics of plea bargaining

Coercive in its inducements of guilty pleas Encourages unequal exercise of prosecutorial discretion Some say it is unconstitutional - encourages def. to waive right to trial Promotes disrespect for system Innocent people can plead guilty in order to avoid possible harsh sentence at trial Guilty people get away with lighter punishments

appeal process pt 2

Direct criminal appeals are a defendant's right After the initial appeal - all higher court appeals are at the court's discretion - meaning a court can accept or refuse to review a case. Def. have right to counsel throughout the appeal process. If a case is overturned - prosecution can not try the same person twice for the same crime (double jeopardy - 5th amendment)

sentencing

Fines Probation Incarceration Commitment to hospital or treatment facility Death Combinations of the above

appeal process

-Direct Appeal - def. can ask higher court to review case arguing error in procedure that affected the conviction. -Post Conviction Remedy - State prisoners submit a legal petition to federal court for the case to be reviewed on grounds of procedural error.