Chapter 10: Pretrial and Trial Procedures

United States v. Gonzalez-Lopez (2006)

A convicted defendant has the automatic right to a new trial when a trial judge mistakenly refuses to allow the defendant's paid attorney to represent them. (The evolution of Gideon v. Wainwright).

Information

A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing.

Directed verdict

A judge's 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 law.

Jury nullification

A jury's 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 him or her in a subsequent civil suit.

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.

Wheat v. United States (1988)

A trial court can deny the defendant's choice of counsel if the attorney's representation carries with it the strong possibility of a conflict of interest. (The evolution of Gideon v. Wainwright).

Rivera v. Illinois (2009)

A trial court's error in denying the defendant's motion to dismiss a juror (the court wrongfully concluded that dismissal was based on race) does not require automatic reversal of the defendant's conviction. (The Evolution of 'Batson v. Kentucky')

Indictment

A written accusation returned by a grand jury charging an individual with a specified crime, based on the prosecutor's demonstration of probable cause.

• Notice of hearings at which the accused release is considered. • Input into the bail release decision. The court must consider the victim's comments. • Being entitled to receive a copy of the release conditions, if bail is granted. • Automated notification of a change in status of the offender.

Alaska gives crime victims a number of rights with respect to bail. It includes what?

Exculpatory evidence

All information that is material and favorable to the accused defendant because it casts doubt on the defendant's guilt or on the evidence the government intends to use at trial.

• Police field citation release. • Police station house citation release. • Police/pretrial jail citation release. • Pretrial/court direct release by pretrial bail program. • Police/court bail schedule.

Although bail is typically granted during a court hearing, there are other stages in the system in which the bail may be granted. What are they?

To plea or not to plea

Although nearly all cases are settled with a plea, a few proceed to a full-blown trial. What factors influence the decision "______"? • Court appointed lawyers may want to gain trial experience. They convince their clients not to accept favorable bargains, fearing that the case will be settled out of court and they will lose the opportunity to try the case. • Both the prosecution and the defense may be overly optimistic about their skills. • The lawyers' overconfidence in their abilities may cloud their judgment, causing them either to refuse to offer a bargain (in the case of the prosecution) or refuse to accept (in the case of the defense). • Some defendants falsely assume that they are so charismatic and appealing that a jury will never reach a conviction. Source: Stephanos Bibas, "Plea Bargaining Outside the Shadow of Trial," 'Harvard Law Review' 117 (2004): 2464-2543.

Police field citation release

An arresting officer releases the arrestee on a written promise to appear in court made at or near the actual time and location of the arrest. This procedure is commonly used for misdemeanor charges and is similar to issuing a traffic ticket.

1. It is orally stated by the defendant or the defense counsel. 2. It is entered for the defendant by the court when the defendant stands mute before the bench.

At the arraignment or before the trial, and not-guilty plea is entered in what two ways?

Johnson v. California (2005)

California's "more likely than not" standard for proving that preemptory challenges are being used to exclude perspective jurors on the basis of race is incompatible with 'Batson'. In other words, there is no specific test that should be required to prove that preemptory challenges are being used in discriminatory fashion. (The Evolution of 'Batson v. Kentucky')

Compulsory process

Compelling the production of witnesses via a subpoena.

Sufficient evidence

Definition: Adequate evidence to reverse a trial court. Ruling: Appellate review. (Evidentiary Standards of Proof: Degrees of Certainty)

Less than probable cause

Definition: Mere suspicion; less than reasonable belief to conclude criminal activity exists. Ruling: Prudent police investigation where safety of an officer or others is endangered. (Evidentiary Standards of Proof: Degrees of Certainty)

Absolute certainty

Definition: No possibility of error. 100% certainty. Ruling: Not used in civil or criminal law. (Evidentiary Standards of Proof: Degrees of Certainty)

Clear and convincing

Definition: Prevailing and persuasive to the trier of fact. Ruling: Civil commitments, insanity defense evidence. (Evidentiary Standards of Proof: Degrees of Certainty)

Reasonable suspicion

Definition: Rational, reasonable belief that facts warrant investigation of a crime on less than probable cause. Ruling: Police investigation. (Evidentiary Standards of Proof: Degrees of Certainty)

Probable cause

Definition: U.S. constitutional standard for arrest and search warrants, requiring existence of facts sufficient to warrant that a crime has been committed. Ruling: Arrest, preliminary hearing, motions. (Evidentiary Standards of Proof: Degrees of Certainty)

Challenge for cause

Dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, because he or she has prior knowledge about a case, or for other reasons that demonstrate the individual's 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.

Release on recognizance (ROR)

Eligible defendants are released without bail upon their promise to return for trial. 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.

Real evidence

Exhibits that could be taken into the jury room for review by the jury constitute _____. A revolver that may have been in the defendant's control at the time of the murder, tools in the possession of a suspect charged with a burglary, and a bottle allegedly holding narcotics are examples of _____l, or physical, evidence. Photographs, maps, diagrams, and crime scene displays are other types for ______.

Testimonial evidence

Given by police officers, citizens, and experts, this is the most basic form of evidence. The witness must state, under oath, what they heard, saw, or experienced.

Preliminary hearing

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

Gideon v. Wainwright (1963)

Indignant felony defendants enjoy the Sixth Amendment right to counsel. The Sixth Amendment right to counsel is fundamental, meaning the states must recognize it. (The evolution of _____). Issue: Right to counsel. Decision: The Sixth Amendment right to counsel applies to the states, meaning all criminal defendants benefit from the right to counsel, even if they cannot afford it. (Significant Cases in the Trial Process)

1. The initial charges may be reduced to those of a lesser offense, thus automatically reducing the sentence imposed. 2. In cases in which many counts are charged, the prosecutor may reduce the number of counts. 3. The processor may promise to recommend a lenient sentence, such as probation. 4. The charge imposed has a negative label attached (for example, child molestation), the prosecutor may alter the charge to a more socially acceptable one (such as assault) in exchange for a plea of guilty.

Normally, a bargain can be made between the prosecutor and the defense attorney in what 4 ways?

• It encourages defendants to waive their constitutional right to trial. • Plea bargains allow dangerous offenders to receive lenient sentences. Jesse Timmendequas, a previously convicted sex offender, was given a 10-year-plea-bargained sentence for child rape. Upon his release, he raped and killed 7-year-old Megan Kanka in one of the nation's most notorious crimes. • Plea bargaining also raises the danger that an innocent person will be convicted of a crime if they are convinced that the lighter treatment ensured by a guilty plea is preferable to the risk of conviction and a harsher sentence following a formal trial. • Prosecutors are given a free hand to induce or compel defendants to plea-bargain, thus circumventing law. • It is possible that innocent persons will admit guilt if they believe that the system is biased and that they have little chance of being acquitted. • A guilty-plea culture has developed among defense lawyers. Elements of this attitude include the belief that most of their clients are dishonest people who committed the crime with which they have been charged and that getting a "sentence discount" for them is the best and only way to go.

Opponents of the plea bargaining process believing that the negotiated plea should be eliminated for what reasons?

J.E.B. v. Alabama (1994)

Preemptory challenges cannot be used to excuse jurors on the basis of their gender. (The Evolution of 'Batson v. Kentucky')

• The overall cost of the criminal prosecution are reduced. • The administrative efficiency of the courts is greatly improved. • The prosecution can devote more time to more serious cases. • The defendant avoids possible detention and an extended trial and may receive a reduced sentence. • Resources can be devoted more efficiently to cases that need greater attention.

Proponents contend that plea bargaining actually benefits both the state and the defendant in what ways?

Batson v. Kentucky (1986)

Prosecutors are barred, under the 14th amendment, from using preemptory challenges to remove jurors on the basis of race. (The Evolution of _____ ) Issue: Peremptory challenges. Decision: The use of preemptory challenges based solely on race is unconstitutional. (Significant Cases in the Trial Process)

Edmonson v. Leesville Concrete Co. (1991)

The 'Batson' ruling applies to attorneys in civil lawsuits (that is, a private party in a civil action may not use preemptory challenges to exclude jurors on the basis of race). (The Evolution of 'Batson v. Kentucky')

Douglas v. California (1963)

The 14th Amendment guarantees the defendant the right to counsel during their first mandatory appeal. (The evolution of Gideon v. Wainwright).

Morris v. Slappy (1983)

The Sixth Amendment does not require a "meaningful" relationship between the defendant and their attorney. (The evolution of Gideon v. Wainwright).

• Improve the credibility of the trial by having witnesses available for testimony as early as possible. • Help criminal defendants avoid lengthy pretrial detention. • Avoid extensive pretrial publicity and questionable conduct of public officials that may influence the defendant's right to a fair trial. • Avoid any delay that could affect the defendant's ability to defend themselves against charges.

The Supreme Court has called the right to a speedy trial "as fundamental as any of the rights secured by the Sixth Amendment. It's primary purposes are to...

• Defendants are entitled to the effective assistance of counsel to protect them from pressure and influence. • Pleas must be made voluntarily and without pressure. However, a prosecutor can tell defendants that they may be facing the death penalty if they go to trial. • Any promises made by the prosecutor during the plea negotiations must be kept after the defendant admits guilt in open court. A prosecutor who promises leniency in private negotiations must stick to that position in court. • Defendants must also keep their side of the bargain to receive the promised offer of leniency. If they agree to testify against a co-defendant, they must give evidence at trial or forfeit the bargain. • A defendant's due process rights are not violated when a prosecutor threatens to re-indict the accused on more serious charges—for example, as a habitual offender—if the defendant does not plead guilty to a lesser offense. • Accepting a guilty plea from a defendant who maintains their innocence is valid. • Statements made during a plea bargain may be used under some circumstances at trial if negotiations break down. Statements made during a play negotiation can be used if the defendant (a) admits to a crime during the bargaining process but later testifies in open court that they (b) did not do the act and (c) is innocent of the charges.

The U.S. Supreme Court has reviewed the propriety of plea bargaining in several decisions and, while imposing limits on the practice, has upheld its continued use. The Court has ruled in several key cases...

First Amendment

The amendment to the U.S. Constitution that guarantees freedom of speech, religion, press, and assembly, and the right of the people to petition the government for redress of grievances.

Confrontational clause

The constitutional right of a criminal defendant to see and cross-examine all the witnesses against them.

Deposit bail

The defendant deposits a percentage of the bail amount, typically 10 percent with the court. When the defendant appears in court, the deposit is returned, sometimes minus an administrative fee. If the defendant fails to appear, they are liable for the full amount of the bail.

Conditional bail

The defendant is released after promising to abide by some specific conditions in lieu of cash. For example, they promise to attend a treatment program prior to trial.

Unsecured bond

The defendant is released with no immediate requirement of payment. However, if the defendant fails to appear, they are liable for the full amount.

1. They have already decided to plead guilty. 2. They want to speed up the criminal justice process. 3. They hope to avoid the negative publicity that might result from the hearing.

The defendant may want to waive the preliminary hearing for one of what three reasons?

Surety bail

The defendant pays a percentage of the bond, usually 10 percent, to a bonding agent, who posts the full bail. The fee paid to the bonding agent is not returned to the defendant if they appear in court. The bonding agent is liable for the full amount of the bond should the defendant fail to appear. Bail bonding agents hire bounty hunters to find defendants who fail to appear for their court dates.

Full cash bail

The defendant pays the full bail amount out of pocket. In some jurisdictions, property can be pledged instead of cash.

Police/pretrial jail citation release

The determination of an arrestee's eligibility and suitability for citation release and the actual release of the arrestee are deferred until after they have been delivered by the arresting department to a jail or other pretrial detention facility for screening, booking, and admission.

Police station house citation release

The determination of an arrestee's eligibility and suitability for release and the actual release of the arrestee are deferred until after he or she has been removed from the scene of an arrest and brought to the station house or police headquarters.

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 (jury array)

The group called for jury duty from which jury panels are selected.

Direct examination

The initial questioning of one's own (prosecution or defense) witness during a trial.

Stage 1: Jury selection

The judge and attorneys question potential jurors until a panel of 12 is agreed upon by all sides. The voir dire process is designed to excuse jurors who might have difficulty in rendering a fair and impartial verdict in that particular case. (Stages of the Jury Trial)

1. The judge must clearly state to the defendant the constitutional guarantees automatically waived by this plea. 2. The judge must believe that the facts of the case establish a basis for the plea and that the plea is made voluntarily. 3. The defendant must be informed of the right to counsel during the pleading process. 4. The judge must inform the defendant of the possible sentencing outcomes, including the maximum sentence that can be imposed.

The judge must follow certain procedures when accepting a plea of guilty. What are they?

Preponderance of the evidence

The level of proof in civil cases; more than half the evidence supports the allegations of one side. Definition: Greater weight of evidence in terms of credibility; more convincing than an opposite point of view. Ruling: Civil trial. (Evidentiary Standards of Proof: Degrees of Certainty)

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.

1. Creates the impression in the mind of defendants that they cannot receive a fair trial. 2. Lessens the ability of the judge to make an objective determination of the voluntary nature of the plea. 3. Is inconsistent with the theory behind the use of pre-sentence investigation reports. 4. May induce innocent defendants to plead guilty because they are afraid to reject the disposition desired by the judge.

The perception is that judicial participation in plea negotiations does what four things?

Coleman v. Alabama (1970)

The preliminary hearing is a "critical stage", meaning that the defendant enjoys the right to counsel at it. (The evolution of Gideon v. Wainwright).

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.

Cross-examination

The questioning of a prosecution witness by the defense, or of a defense witness by the prosecution.

Presentment

The report of a grand jury investigation, which usually includes a recommendation of indictment.

Rothgrey v. Gillespie County (2008)

The right to counsel attaches at the initial appearance, shortly after arrest. (The evolution of Gideon v. Wainwright).

Proof beyond a reasonable doubt; moral certainty

The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime. Definition: Conclusive and complete proof, without leaving any reasonable doubt about the innocence or guilt of the defendant; allows the defendant the benefit of any possibility of innocence. Ruling: Criminal trial. (Evidentiary Standards of Proof: Degrees of Certainty)

Snyder v. Louisiana (2008)

The state's use of preemptory challenges to dismiss all African-American potential jurors violates the 14th Amendment's equal protection clause. (The Evolution of 'Batson v. Kentucky')

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

• Full cash bail. • Deposit bail. • Surety bail. • Conditional bail. • Unsecured bond. • Release on recognizance.

There are a variety of ways or mechanisms to secure bail, depending on the jurisdiction, the crime, and the defendant. What are they?

Morrissey v. Brewer (1972)

There is no right to counsel in parole revocation hearings. (The evolution of Gideon v. Wainwright).

Gangon v. Scarpelli (1973)

There is no right to counsel in probation revocation hearings. (The evolution of Gideon v. Wainwright).

Ross v. Moffitt (1974)

There is no right to counsel provided for the second, discretionary appeal. (The evolution of Gideon v. Wainwright).

• Gathering and verifying information about arrestees, including criminal history, current status in the criminal justice system, address, employment, and history of drug and alcohol use, which judicial officers can then take into account in making release/detention decisions. • Assessing each arrestees likelihood of failure to appear and chances of being re-arrested. • Providing supervision for defendants conditionally released and notifying the court of any failure to comply with release conditions.

These pretrial services provide a number of critical services, including what?

Pretrial/court direct release by pretrial bail program

To streamline release processes and reduce the length of stay in detention, pretrial program courts may authorize pretrial programs to release defendants without direct judicial involvement. When court rules delegate such authority, the practice is generally limited to misdemeanor charges, but felony release authority has been granted in some jurisdiction.

1. The judge questions the defendant about the facts of the guilty plea before accepting the plea. 2. The defense counsel is present and can advise the defendant of their rights. 3. The prosecutor and the defense attorney openly discuss the plea. 4. Full and frank information about the defendant and the offenses is made available at this stage of the process. In addition, judicial supervision ensures that plea bargaining is conducted in a fair manner.

What are some safeguards regarding plea bargaining reform?

• Make a charitable contribution. • Relinquish property ownership. • Surrender a professional license. • Undergo sterilization. • Undergo surgical castration. • Enter the military. • Not pursue appeals. • Undertake a shaming punishment, such as carrying a sign that says "I stole from this store". • Seal the records of a case. • Surrender profits from crime, such as from books written about the crime. • Be banished to another location.

When it comes to strange plea agreements, what are some strange things that defendants have agreed to in exchange for leniency?

• Duress. • Coercion. • Intoxication. • Diminished capacity. • Mental impairment. • Ignorance of the law. • Fear of violence. • The actual infliction of harm. • The threat of a harsh sentence. • Misunderstanding the situation.

Why do innocent people confess? According to the Innocence Project, what are some reasons?

Crawford v. Washington (2004)

Issue: Confrontation. Decision: The admission at trial of a pre-recorded out-of-court statement violates the confrontation clause. (Significant Cases in the Trial Process)

United States v. Williams (1992)

Issue: Grand juries. Decision: The failure to present exculpatory evidence to a grand jury does not make the resulting indictment invalid. (Significant Cases in the Trial Process)

Turney v. Ohio (1927)

Issue: Impartial judge. Decision: A violation of due process occurs when a judge has a personal and/or financial interest in the outcome of a case over which they preside. (Significant Cases in the Trial Process)

Baldwin v. New York (1970)

Issue: Right to a jury trial. Decision: The defendant has the constitutional right to a jury trial when facing a possible prison sentence of six months or more, regardless of whether the crime committed was a felony or a misdemeanor. (Significant Cases in the Trial Process)

Richmond Newspapers inc. v. Virginia (1980)

Issue: Right to a public trial. Decision: Criminal trials must remain open to the press. (Significant Cases in the Trial Process)

Sheppard v. Maxwell (1966)

Issue: Right to a public trial. Decision: A trial can be closed to the public if allowing access to people and/or the press results in a "carnival atmosphere." (Significant Cases in the Trial Process)

Klopfer v. North Carolina (1967)

Issue: Right to a speedy trial. Decision: The Sixth Amendment right to a speedy trial is a fundamental right, meaning the states must recognize it. (Significant Cases in the Trial Process)

Johnson v. Zerbst (1938)

Issue: Right to counsel. Decision: All federal defendants enjoy the Sixth Amendment right to counsel. (Significant Cases in the Trial Process)

Powell v. Alabama (1932)

Issue: Right to counsel. Decision: Indigent defendants enjoy the right to counsel, but only in capital cases. (Significant Cases in the Trial Process)

Montejo v. Louisiana (2009)

Issue: Right to counsel. Decision: Police may approach and question, outside the presence of counsel, a defendant who has been charged with a crime. (Significant Cases in the Trial Process)

Faretta v. California (1975)

Issue: Waiver of the right to counsel. Decision: The defendant can waive the right to counsel and represent themselves (that is, proceed with a pro se defense). (Significant Cases in the Trial Process)

The steps in a jury trial

1. Voir dire. 2. Prosecutor's opening statement to the jury. 3. Defense attorney's opening statement to the jury. 4. Prosecutor's presentation of evidence and direct examination. 5. Defense attorney's cross-examination. 6. Defense attorney's presentation of evidence and direct examination. 7. Prosecutor's cross-examination. 8. Defense attorney's closing statement to the jury. 9. Prosecutor's closing statement to the jury (summation). 10. Judge instructions to the jury on the law, evidence, and standards of proof. 11. Jury deliberation and voting. 12. Pronouncement of the verdict. 13. Judicial sentencing. Source: Marvin Zalman and Larry Siegel, 'Criminal Procedure: Constitution and Society' (St. Paul, MN: West Publishing, 1991), p. 655.

Miller-El v. Dretke (2005)

A defendant is entitled to a new trial when there is strong evidence of racial bias during the preemptory challenge phase of jury selection. (The Evolution of 'Batson v. Kentucky')

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 their capture and detention. Habeas corpus is a legal device used to request that a judicial body review the reasons for a person's confinement and the conditions of confinement. Habeas corpus is known as "the great writ".

Appeal

A request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed.

Stage 5: jury deliberations

After the judge instructs the jury on the law they must apply in the particular case, they retire from the court room to deliberate in secret. When the jurors reach a verdict, they return to the court room and the verdict is read aloud to the parties. (Stages of the Jury Trial)

Stage 2: Opening statements

Brief statements are made by prosecution and defense that outline their view of the facts of the case and what they hope to prove. The prosecutor in a criminal case gives the first statement and the defense attorney follows. (Stages of the Jury Trial)

Powers v. Ohio (1991)

Defendants can challenge race-based exclusions of jurors through preemptory challenges even if the defendant and the excluded jurors do not share the same race. (The Evolution of 'Batson v. Kentucky')

1. Appeals. 2. Habeas corpus.

Defendants have two main avenues to challenge trial procedures?

Georgia v. McCollum (1992)

Defense attorneys cannot use preemptory challenges to exclude jurors on the basis of race. (The Evolution of 'Batson v. Kentucky')

Stage 6: sentencing

If a guilty verdict is reached, the judge will impose a sentence, choosing the most appropriate sanction for those legislatively available. (Stages of the Jury Trial)

Scott v. Illinois (1979)

If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply. (The evolution of Gideon v. Wainwright).

1. The court may impose an extraordinary condition of probation following a guilty plea. 2. The defendant may offer or be required to perform some act as a quid pro quo for a dismissal or more lenient sentence. 3. The court may impose an unauthorized form of punishment as a substitute for a statutorily established method of punishment. 4. The state may offer some unauthorized benefit in return for a plea of guilty. 5. The defendant may be permitted to plead guilty to an unauthorized offense, such as a 'hypothetical' or nonexistent charge, a non-applicable lesser-included offense, or a non-related charge.

In law professor and former judge Joseph Colquitt's view, ad hoc plea bargaining takes what form?

Circumstantial evidence

In trial proceedings, _____ (indirect) evidence is often inferred or indirectly used to prove a fact in question. For example, in a murder case, evidence that carpet fibers found on the body match the carpet in the defendant's home may be used at trial to link the two, even though they do not provide direct evidence that the suspect actually killed the victim.

Stack v. Boyle (1951)

Issue: Bail. Decision: In setting bail, judges should consider the nature and circumstances of the offense charged, the weight of the evidence against the accused, and the accused's ability to pay. (Significant Cases in the Trial Process)

Riggins v. Nevada (1992)

Issue: Competency at trial. Decision: The defendant can be forcibly administered antipsychotic drugs if the procedure is medically appropriate, no alternative is available, and it is necessary for the defendant's safety or the safety of others. (Significant Cases in the Trial Process)

Washington v. Texas (1967)

Issue: Compulsory process. Decision: Every defendant enjoys the Sixth Amendment right to compel the production of witnesses and evidence to assist in putting on their defense. (Significant Cases in the Trial Process)

Melendez-Diaz v. Massachusetts (2009)

Issue: Confrontation. Decision: State forensic analysis laboratory reports are considered testimonial evidence and thus require that the defendant be permitted to question the preparer of the report at trial. (Significant Cases in the Trial Process)

Illinois v. Allen (1970)

Issue: Confrontation. Decision: The defendant can forfeit their right to confrontation at trial because of inappropriate conduct (such as being disruptive). (Significant Cases in the Trial Process)

In re Gualt (1967)

Juveniles enjoy the right to council in adjudicatory hearings. (The evolution of Gideon v. Wainwright).

Pretrial procedures

Legal and administrative actions that take place after arrest and before trial, including grand jury indictments, preliminary hearings, bail, and plea negotiation.

1. Guilty. 2. Not guilty. 3. Nolo contendere.

Ordinarily, a defendant in a criminal trial will enter one of what three pleas?

Pretrial detainees

People who either are denied bail or cannot afford to post bail before trial and are kept in secure confinement.

Hearsay evidence

Testimony that is not firsthand but, rather, relates information told by a second party.

Hernandez v. New York (1991)

The 'Batson' rule extends to Hispanic jurors. (The Evolution of 'Batson v. Kentucky')

Argersinger v. Hamlin (1972)

The Sixth Amendment right to counsel extends to those accused of committing misdemeanors. (The evolution of Gideon v. Wainwright).

No bill

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

True bill

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

Stage 4: Closing arguments

The prosecutor in a criminal case first attempts to convince the jury to decide in favor of their side of the case. The defense attorney follows with their argument, attempting to do the same. The prosecutor has the opportunity to present a rebuttal to the defense attorney's argument. (Stages of the Jury Trial)

Documentary evidence

This type of evidence includes writings, government reports, public records, business or hospital records, fingerprint identification, and DNA profiling.

1. Testimonial evidence. 2. Real evidence. 3. Documentary evidence. 4. Circumstantial evidence.

What are the four main types of evidence presented at trial.

Stage 3: Presentation of evidence

Witnesses for the prosecution in a criminal case testify first, witnesses for the defense testify next, and any rebuttal witnesses testify last. The attorney who calls the witness asks questions in direct examination. The attorney for the opposing side then questions the witness in cross-examination. (Stages of the Jury Trial)

Police/court bail schedule

an arrestee can post bail at the station house or jail according to amounts specified in a bail schedule. The schedule is a list of all bailable charges and a corresponding dollar amount for each. Schedules may vary widely from jurisdiction to jurisdiction.

Arraignment

initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea

United States v. Monsanto (1989)

it is not unconstitutional for a court to seize a defendant's assets such that it forces him or her to rely on a public defender. (The evolution of Gideon v. Wainwright).