The Court System Pretrial, Trial and sentencing. Proceeding Before a Trial Booking –Police station...

The Court System

Pretrial, Trial and sentencing

Proceeding Before a Trial

• Booking– Police station for

booking– Process of making a

police record• Fingerprinted,

photographed• Sometimes;

handwriting specimens, blood, fingernail clippings, or urine

Trial Courts

• Trial courts listen to testimony, consider evidence and decide the facts

• Adversarial system –opposing sides present evidence

• Inquisitional system-the judge is active in questioning witnesses and controlling the court process

• Initial Appearance– Judge explains the

defendant’s rights and advise him of the charges

– Appointed or obtain an attorney

– Bail may be set– Misdemeanor

• Submit a plea

– Felonies go to grand jury

• Felony arraignment

Bail and Pretrial Release

• By putting up bail someone arrested can be released

• Assures the return of the defendant• 8th amendment• Bail is paid directly to the court. The entire

amount or in some cases 10%– If they do not make their court date the court

keeps the money

Eligible for Personal Recognizance

• Must promise to return

• Must be considered a good risk

• Factors to make someone a good risk– Circumstances of the offense – Defendant’s family and community ties– Financial resources– Employment background and Prior criminal

record.– Class assignment SL Pg159

• 1.Opening statement by the Plaintiff or ___________.• 2_________ _________ by the defense.• 3Direct Examination by _______________________.• 4__________________ by Defense.• 5__________ by either side. • 6Direct examination by Defense• 7_________________________________________.• 8_________________________________________.• 9Closing statement by ________________________.• 10________________ Argument by the __________.• 11Jury ____________.• 12_________________

Pretrial

• Preliminary Hearing- A screening device, used to determine if there is enough evidence to require a trial

• Grand Jury – group between 16-23 people charged to determine if there is enough evidence to hold a trial– Grand Jury indictment

Felony Arraignment and pleas

• Entering a plea to the judge or grand jury• Guilty

– The judge will set a date for sentencing

• Not Guilty– Judge set a date for trial

• Nolo Contendere– No contest– Set a sentence– Not used against you in civil court

Pretrial motions

• Motion for discovery of evidence

• Motion for a continuance, seeks more time

• Motion for change in venue, too much publicity

• Motion to suppress evidence

The Exclusionary Rule

• Items found illegally cannot be used

• motion to suppress evidence

Plea bargaining

• Granting concessions for a guilty plea

• Government avoids time and expense of trial

• Defendant often receives a lighter sentence

The Trial

• Right to a Trial by jury is guaranteed in the 6th amendment

• Defendants may waive their right to a jury trial

• Jury Selection Voir Dire– Voter registration or drivers– 12 members in federal court– Must reach a unanimous verdict before

finding a person guilty

Voir Dire-Jury Selection

• Challenge for Cause – occurs when a lawyer claims the prospective juror does not meet the government's legal requirement, or is bias– The judge then decides whether to excuse or accept

• Peremptory Challenge – no explanation from the attorney– Each side has only a limited number of these– They may not make the decision based on race or

gender

• 12 jurors are selected and then impaneled – made official

Run Away Jury Clip

Right to a Speedy and Public Trial

• 6th amendment – some states have set time limits– If the person does not receive a “speedy” trial

the case can be dismissed– Often waived for more time to prepare their

case

Right to Confront Witnesses

• 6th Amendment right to confront witnesses against them (cross examination)

• Right to be present can be restricted if– The defendant becomes disorderly or

disruptive– Contempt of court (removed) in extreme

circumstances the defendant can be bound and gagged

Freedom from Self-incrimination

• The 5th Amendment – cannot be forced to testify against yourself– This can be waived, but once the defendant

takes the stand they must answer all questions

• Immunity- forced to answer all questions even those that are incriminating in exchange for immunity

Right to an Attorney

• 6th Amendment – right to attorney in 1938 they changed it that the courts must provide you one if you cannot afford one

Sentencing

• Once found guilty, the defendant will be sentenced by the judge (some states Jury)

• Criminal statutes generally set the basic sentencing

The Purpose of sentencing

• Retribution- Idea of punishing a criminal ( an eye for an eye)

• Deterrence – punishment will discourage the offender from committing another crime – Serve as an example to deter others

• Rehabilitation – helping convicted persons to change their behavior

• Incapacitation – society will be protected by physically separating the criminal from the community– Parole – evaluate whether a person is rehabilitated

Options for sentencing

• Suspended sentence- a sentence is given but the person is not required to serve it and is released with no conditions attached

• Probation – the defendant is released to the supervision of a probation officer after agreeing to follow certain conditions

• Home confinement – sentenced to serve the term at home – leave only for work, school or doctor’s

• Fine – the defendant must pay an amount of money set by the court

• Restitution – the defendant is required to pay back or make up for whatever loss or injury was incurred by the victim of the crime

• Imprisonment – the defendant is sentenced to a term in jail or prison

Chapter 12 (CJIA)

• Trial Procedures– 1. Jury Selection

• Prosecution and defense attorneys question prospective jurors

People in the Court RoomPeople in the Court Room

Judge –presides over the trial – rules Judge –presides over the trial – rules on all motions madeon all motions made– At the end the judge instructs the jury At the end the judge instructs the jury – Determines the sentencing Determines the sentencing

Bailiff – deputy sheriffBailiff – deputy sheriff Court reporter –records by machine or Court reporter –records by machine or

shorthand everything said in the roomshorthand everything said in the room Prosecution Lawyer – members of the Prosecution Lawyer – members of the

city’s attorney officecity’s attorney office

Cont.Cont. Defense lawyers- private attorneys or Defense lawyers- private attorneys or

members of publicly supported members of publicly supported organizations organizations

Defendant – person accusedDefendant – person accused Police Officers – investigate crimes and Police Officers – investigate crimes and

arrest suspectsarrest suspects Witnesses – persons asked to tell under Witnesses – persons asked to tell under

oath what they know about the caseoath what they know about the case– Expert witness – testify about their knowledge Expert witness – testify about their knowledge

and give opinionsand give opinions Jury – a panel of adult citizens who decide Jury – a panel of adult citizens who decide

the casethe case

Instructions to the Jurors

• The judge tell the jurors the laws that apply

• Reminds them to judge solely on the evidence admitted

• Instruct the jury to find a guilty verdict ONLY if the case was proven beyond a reasonable doubt

Jury Deliberations

• The jury leaves the courtroom and meets in a jury room to decide a verdict

• Unanimous decision is not mandatory in all criminal cases

• Most states require it anyway

• If after a reasonable time a verdict is not reached the jury becomes a “hung jury”