CRJ Court Process
What is "charging the jury?"
-Instructing the jury on what to do during deliberation -jury charge or jury instructions are the set of legal rules that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the judge. Jury charges are often discussed by attorneys on both sides in the case and the judge in order to make sure their interests are represented and nothing prejudicial happens.
Know how plea bargaining works - when can it happen in the court process, what results can it have, how many cases are plea bargained, etc.
-Plea bargaining is prevalent for practical reasons. --Defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve. --The prosecution saves the time and expense of a lengthy trial. --Both sides are spared the uncertainty of going to trial. --The court system is saved the burden of conducting a trial on every crime charged. -Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. Charge Bargaining: the most common form of plea bargaining, the defendant agrees to plead guilty to a lesser charge provided that greater charges will be dismissed. A typical example would be to plead to manslaughter rather than murder. Sentence Bargaining: far less common and more tightly controlled that charge bargaining, sentence bargaining is when a defendant agrees to plead guilty to the stated charge in return for a lighter sentence. Typically this must be reviewed by a judge, and many jurisdictions simply don't allow it. Fact Bargaining: this is the least common form of plea bargaining, and it occurs when a defendant agrees to stipulate to certain facts in order to prevent other facts from being introduced into evidence. Many courts don't allow it, and in general, most attorneys do not favor using fact bargains. state-94% federal-97% Pros 1. No Uncertainty 2. Court Congestion 3. Leniency 4. Guaranteed Win 5. It Can't Get Worse 6. No Maximum Sentence 7. Aids Other Cases 8. Let's The Justice System Breathe Cons 1. Innocence Lost 2. No Justice 3. High Pressure Situation 4. Poor Work All Around 5. Forced Guilt 6. Unconstitutional 7. Leniency
What constitutional amendment affects bail and how?
-The 8th Amendment -Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted.
Know the different types of pleas a defendant can enter and what they mean (guilty, not guilty, Alford plea)
Guilty - A plea by a defendant admitting that he committed the offense or crime charged. A guilty plea is a complete admission of guilt to the charge and a waiver of all rights. A guilty plea must be made with the consent of the court. -Not Guilty - A plea where the defendant denies the charges against him. The burden remains on the city, state, or federal government to prove its case beyond a reasonable doubt. -denies the charges against them; burden of proof falls on prosecutor -In an Alford Plea, the criminal defendant does not admit the act, but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty. The defendant may plead guilty yet not admit all the facts that comprise the crime. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt -defendant admits that the evidence prosecution has would persuade judge or jury to find them guilty beyond proof of reasonable doubt
When does a judge set bail
Judges ordinarily set a bail amount at a suspect's first court appearance after an arrest
Know the general stages of a trial
Opening Statements Prosecution's case Motion to dismiss Defense's Case Prosecution Rebuttal Closing Arguments Jury Instructions Jury Deliberations and Verdict 1. The judge gives the jury some preliminary instructions and then the lawyers present opening statements. Sometimes the opening statements on behalf of one or more parties are omitted. 2.Plaintiff calls witnesses and produces evidence to prove its case. 3. Defendant may call witnesses and produce evidence to disprove the plaintiff's case and to prove the defendant's claims. 4.Plaintiff may call rebuttal witnesses to disprove what was said by the defendant's witnesses. 5.Closing arguments are made by the lawyer on each side. 6.The judge instructs or charges the jury as to the law. 7. The jury retires to deliberate. 8. The jury reaches its verdict and returns to the courtroom where the verdict is announced.
Initial Appearance
The first step is an initial appearance (often referred to as an arraignment), before a judge of a lower court or magistrate, at which. The charge is read to the defendant, and penalties explained. The defendant is advised of his/her right to trial, and right to trial by jury if desired.
What factors does a judge consider in setting bail?
-Weight of evidence and probability of conviction -Posted bail schedules. Bail is often set based on a standard bail schedule, which aligns specific crimes with a specified bail amount. This amount will differ by jurisdiction. To pay less than the bail schedule amount, a defendant must go before a judge. -The seriousness of the alleged crime. In general, the more serious the crime, the more serious the bail setting. Unfortunately for defendants hoping for a low amount, police typically arrest suspects for the most serious charge the facts can possibly support. -Past criminal record/outstanding warrants. A defendant with a substantial criminal record will face higher bail amounts. In addition, a judge may deny bail altogether to a defendant who has an outstanding warrant in another jurisdiction, in order to keep the defendant in custody. -The defendant's ties to the community./personal status As one Minnesota judge explained in the Stillwater Gazette, "those who are well invested in a community are known to be lesser risks to flee, endanger others, or commit more crimes." Strong ties to relatives or a community weigh in favor of a more lenient bail requirement. -The probability of defendant making it to court appearances. Courts generally require higher bail settings for those with a history of missing court hearings. -The risk to public safety. In setting bail, the court examines the nature and seriousness of danger to others in the community and to themselves. -Potential flight risk. Defendants who the court determines are likely to flee the jurisdiction before the case concludes -- especially those who were apprehended while on the run from law enforcement -- will face higher bail settings or may even have bail denied altogether. Because setting bail relies heavily on the circumstances of a particular case, you'll want to consult an experienced criminal defense attorney in your area to evaluate the factors as applied to your particular situation.
What are the legal/constitutional issues with pre-trial detention/bail?
-because in the united states we hold the standard that you are innocent until proven guilty and in pre trial detention obviously you're being held in jail because they think you did it -Scholars have pointed out the potential constitutional problems raised by federal and state laws that restrict access to bail or include criteria such as future dangerousness. And they have also tried to divine the Supreme Court's position on the existence of a substantive constitutional right to bail that would trump restrictive legislative enactments. -Eighth Amendment (Further Guarantees in Criminal Cases) (GPO 1996) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." -Law of the Federal and State Constitutions of the United States 165 (2004) "S 122. Excessive Bail. The Constitutions of all the States except Illinois6 provide that excessive bail shall not be required." "speedy and public trial"
when does a defendant enter his plea
Arraignment. A criminal defendant's first appearance on the formal charges before a judge. The defendant is formally charged and enters a plea of guilty, not guilty, or no contest.
Stages in Court
-A Crime Is Allegedly Committed Police are notified and investigate an alleged crime by interviewing victims, witnesses, suspects, gathering physical evidence, taking photographs, measuring the crime scene, and taking fingerprint and DNA samples if available. -A Person Is Arrested Police may arrest a suspect on the spot or if the officer has probable cause to believe a misdemeanor or felony was committed. The police may refer the case to the District Attorney's Office suggesting potential charges. -The District Attorney's Office Reviews The Case A prosecuting attorney will determine whether a person should be charged with a crime by thoroughly reviewing all reports and records, witness statements, and the suspect's prior criminal or traffic record. The criminal case is either charged or declined. -Criminal Charges Are Issued Or Declined If a case is charged, the prosecutor issues a criminal complaint charging the suspect with committing a misdemeanor, felony, or both. Persons charged with a misdemeanor may be able to post bail and be released from jail. Persons charged with a felony crime must wait for their initial appearance in Arraignment Court. --Initial Appearance This is the first court hearing after someone has been arrested and charged with a crime. The judge or court commissioner informs the defendant what the charge(s) are, maximum penalty if convicted, and their rights to an attorney. If the defendant is still in jail, bail and any other conditions are set. Often a "No Contact Order" will be imposed, which prohibits the defendant from having any contact with a person who is a victim or a witness in the case. -Entering A Plea In misdemeanor cases, the defendant is asked to enter a plea of guilty, not guilty or no contest. In felony cases, a date is set for a preliminary hearing. -Status Conference A court hearing to determine the status, or progress and direction, of a case. -Preliminary Hearing This is an evidentiary hearing in which the District Attorney's office must prove to a judge or court commissioner that there is enough evidence to believe the defendant committed a felony. -Arraignment A criminal defendant's first appearance on the formal charges before a judge. The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. This occurs at the initial appearance in misdemeanor cases and at some point following bind over at preliminary hearings in felony cases. -Pretrial Conference / Court Settlement Conference A court hearing to resolve issues in advance of a trial; courts sometimes will accept entry of pleas of guilty or no contest at these hearings. -Plea Hearing A hearing at which the defendant's responds to a criminal charge by entering a plea of guilty, not guilty or no contest. A plea agreement or plea bargain is an agreement between the prosecutor and the defendant for the defendant to plead guilty or no contest under certain terms and conditions, which must be approved by the judge, to prevent going to trial. -Trial A hearing at which evidence is presented to a judge or jury to determine whether the defendant is guilty beyond a reasonable doubt. A defendant may be found guilty of all, some, or none of the criminal charges. -Sentencing A court's decision as to the penalties appropriate for crimes established by convictions. -Appeal A defendant may appeal their case after sentencing. -Post-Conviction Motion Hearing A defendant may be revoked for not following the terms of his probation. Post-Conviction Motions may be filed to deal with any post-conviction issues.
How do bail bondsman work?
-A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of persons accused in court. -paying the money to guarantee that the defendant will show up -A bail bonding agency, acting for the defendant, will arrange with the court to have a suspect released from jail pending the trial in exchange for money or collateral, which may be cash, assets, or a bond.
Is pre-trial detention constitutional?
yes but it is implicit to be clear, these are problems inherent in the length of the pretrial period in general — the time between charging and trial — whether the accused person spends that time in detention or free on bail, pending trial. Pretrial detention, however, goes directly to the accused person's liberty interest — the person is being imprisoned for a crime they may not have committed, which offends the presumption of innocence. Of course, like "pretrial detention," the phrase "innocent until proved guilty" is not in the U.S. Constitution. It is, however, understood to be implicit in the concept of due process, which IS in the Constitution (Fifth Amendment), just as the potential unconstitutionality of pretrial detention is understood to be implicit in the concept of a fair trial, which IS in the Constitution.
Part 2 Stages in Court
Arrangement - the defendant is brought to court and formally charged with the crime he/she is accused of. Bail is set or the defendant is released. -Bail - set at arraignment. The amount of bail is based on whether or not the judge feels the defendant will show up in court on the scheduled days. -Felony/Preliminary Hearing must be held within 5 days after arrest if the defendant is in jail. The victim must testify. This does not guarantee that the defendant will remain in jail. At the hearing, the judge decides whether or not to hold the defendant for a grand jury hearing. -Grand Jury - the defendant and his/her attorney are not present. There is no judge. The purpose of the Grand Jury is to decide whether there is enough evidence to indict the defendant. -Indictment - the defendant is formally charged with the crime. The defendant will be arrested. -No bill - the Grand Jury decided there was not enough evidence to prove that a crime occurred. -Superior Court Arraignment - the defendant is arraigned again in higher court, and bail is set (or reset if the defendant has already been arrested). -Plea - the Assistant District Attorney (ADA) offers the defendant a plea to the charge or a reduced charge, the defendant accepts, and there is no need for a trial. The ADA will discuss a plea with the victim before it is offered. -Trial - the ADA must prove to the judge/jury that the defendant committed the crime beyond a reasonable doubt. The result of the trial could be an acquittal, a conviction, or a hung jury. -Conviction - the defendant is found guilty. -Acquittal - the defendant is found not guilty. -Hung Jury - the jury was unable to agree on a verdict. A plea may follow a hung jury, or the defendant may be tried again in a retrial. -Victim impact statement - the victim and his/her family can, if they wish, write a letter to the judge and express their feelings about the crime and how it has impacted their lives. -Sentencing - the judge decides on the consequences for the defendant. The victim and his/her family may
What are the possible outcomes of a trial?
-Acquittal or Dismissal --An acquittal is the court's determination that you are not guilty of the charges, while a dismissal is a decision by the court to terminate the proceedings. -Plea To a Lesser Charge --A plea bargain is a negotiated arrangement where the defendant agrees to plead "guilty" or "no contest" to some crimes in return for a reduction in the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend an agreed upon sentence, or some other benefit to the defendant. -Jail/ Prison -Probation --Unless there is a minimum jail or prison sentence associated with the charge, the judge can forgo incarceration and sentence probation. Probation is usually made available to first time, non-violent offenders, and allows the offenders to remain within their community and continue their regular daily routine. The judge may also use probation in conjunction with parole to suspend a prison sentence if the offender has continuously demonstrated good behavior. -Alternatives to Traditional Incarceration An alternative to incarceration is any kind of punishment or treatment other than prison or jail time that can be given to an individual convicted of committing a crime. This includes, but is not limited to, options such as community service, tracking devices, boot camps, house arrest, work release, or residential drug abuse programs.
How can pre-trial release "decriminalize" certain crimes?
-Domestic Violence -The defendant will continue to cause trouble because they know that they can be released -
Who issues an "indictment" and what does it mean?
-If the grand jury agrees, it issues an indictment. After the indictment is issued, the accused person (the defendant) is either summoned to court or arrested (if not already under arrest), depending on the severity of the crime. -An indictment is a formal accusation against an individual suspected of committing a crime. -formal accusation against an individual suspected of committing a crime -They are issued by a grand jury
difference between a preliminary hearing and a grand jury
-In preliminary hearings: It is a hearing done before a case is indicted by the prosecutor (solicitor). It is also conducted before the case is presented to the grand jury. The preliminary hearing must be requested by the defendant, but even if one is requested, the solicitor could indict the case before the hearing is held. If this happens, no preliminary hearing is allowed, since it must be done before the case is indicted. It is a hearing that is presided over by a magistrate, who judges the case on the facts presented to decide only if there is enough probable cause to continue with the case. If the judge decides there is not enough probable cause, the judge can dismiss the case. However, the solicitor can still override the magistrate and indict the case anyway. The solicitor may also go along with the magistrate, and allow the case to be dismissed. (This may be a signal to the police to do more investigation, or to change policy in how they gathered their evidence.) In grand jury hearings: -A grand jury hearing is conducted by the grand jury, which is a panel of 18 people who meet once a month to go over the cases to be presented. They preside over all the cases presented, not just one case, as is the case in a criminal trial. They also decide whether there is enough probable cause to continue a case. If they decide there is enough evidence, they "true bill" the case, and if they decide there is not enough probable cause to continue, they "no bill" the case. Here, though, if the grand jury does not true bill an indictment, the indictment is dismissed and if the prosecutor wants to continue with the case, he must do another indictment to be presented to the grand jury. The most important thing to remember about the two is that while a case may have both, a preliminary hearing and a grand jury hearing, only the grand jury hearing is mandatory, and once the grand jury hearing has been done, a preliminary (meaning "first") hearing cannot be done.
