Pretrial and Trial Procedures
Pretrial
• Happens between the arrest and trial. • Most cases are resolved during the pretrial period • Informal resolution of cases avoids the expense of a trial
Amount of bail is calculated with consideration of:
• The severity of the current offense •The offender's criminal history • The offender's ability and/or means to flee
Purposes of bail
1. It helps ensure reappearance of the accused, and 2. It prevents unconvicted individuals from suffering imprisonment unnecessarily
Right to Bail
8th amendment guarantees protection from "excessive bail" • Bail may not be used as a punishment • Amounts should be consistent to similar cases
Pretrial Diversion
A noncriminal alternative to trial Usually featuring counseling, job training and educational opportunities Offered to defendants in lieu of a trial Designed to improve rather than punish the offender
Three Types of Challenges w/ Jury Selection
Challenge to the array challenge for cause peremptory challenge
Order of trial
Pretrial Activities Trial Initiation (Speedy trial requirements) Jury Selection (use of challenges) Opening Statements 1. Prosecution 2. Defense Presentation of Evidence 1. Prosecution 2. Defense Closing Arguments (order may vary) Judge's Charge to the Jury Jury Deliberation Verdicts To sentencing or release
Speedy Trial Act
Required that proceedings against a defendant in a federal criminal case begin within a specific period of time. • Most states have speedy trial requirements that follow federal standard or close to them. • The Court made it clear that trial delays that derive from the willful actions of the defendant do not apply to the 70-day period.
Preliminary Hearing:
a hearing that occurs in lieu of a grad jury hearing when the prosecutor charges via information • Information: charging document filed by the prosecution that forms the basis for the preliminary hearing
Challenge for cause:
a motion to remove a potential juror because they cannot be fair or impartial.
Bail involves the posting of a
bond as a pledge that the accused will return for further hearings.
The U.S. Constitution guarantees in the 6th Amendment that in all criminal prosecutions
the accused shall enjoy the right to a speedy and public trial.
Challenge to the array:
the belief that the pool of jurors is not reflective of the community or is biased in some way.
Purpose of a Criminal Trial
the determination of the defendant's innocence or guilt
Bail
the most common release-detention decision-making mechanism in American courts!
Jury Selection:
the process in which both the prosecution and defense can use challenges to remove prospective jurors from the jury pool.
Peremptory challenge:
the right the challenge a potential juror without disclosing the reason for the challenge.
Advantages of Pretrial Diversion
• Avoid the stigma of a criminal record • Continue to work and support his or her family • Continue pursuing educational goals • Access to rehabilitation services • Restitution to the victim
Bail Release Mechanism
• In felony cases, bail is set at a formal hearing • In less serious cases, bail may be set by policy • Written notice to appear from a police officer • Bail set by schedule or standard process • May be released on 'own recognizance'
There are two distinct processes for formally charging a defendant:
• Indictment and Grand Jury • Information and Preliminary Hearing
Pretrial Activities: First Appearance (initial appearance or magistrate's review)
• Occurs when defendants are brought before a judge • (1) to be given formal notice of the charges against them, • (2) to be advised of their rights, • (3) to be given the opportunity to retain a lawyer or to have one appointed to represent them, and • (4) perhaps to be afforded the opportunity for bail
Indictment and Grand Jury
• Presentment: the report of a grand jury investigation, which usually includes a recommendation of indictment. • Indictment: the action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect • No Bill: the action by a grand jury when it votes not to indict an accused suspect
Depending on the state, from the first appearance, the suspect may proceed through either of the following before the arraignment:
• Pretrial Release: The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required. • The Grand Jury: Private citizens (~23) who hear evidence presented by the prosecution and votes on the indictment. (The indictment is a formal listing of proposed charges)
Legal rights during trial:
• The Right to An Impartial Judge • The Right to Be Competent at Trial • The Right to Confront Witnesses • The Right to Compulsory Process • The Right to an Impartial Jury • The Right to Counsel at Trial • The Right to a Speedy Trial • The Right to a Public Trial • The Right to Be Convicted by Proof Beyond a Reasonable Doubt
