CRIMINAL JUSTICE PROCESSProceedings Before Trial

BOOKING

The formal process of making a police record of the arrest

The police may be allowed to take fingernail clippings, handwriting specimens, or blood samples from the defendant

Defendant gives identifying information and arrest history.

Defendant does NOT give a plea

INITIAL APPEARANCE

Misdemeanor – enters plea

Felony- Gives plea at arraignment (grand jury)

The most important decision at this time is whether or not to release the defendant from custody

A defendant does not have a right to an attorney at the preliminary arraignment

ARRAIGNMENT

A court session at which a defendant is charged and enters a plea. For a misdemeanor this is also the defendant’s initial appearance, at which the judge informs him or her of charges and sets the bail.

PRETRIAL RELEASE

Personal Recognizance - When a defendant has ties to a community and can be expected to return to court It reflects the

American judicial system’s presumption of evidence

Bail – Money to secure a person’s return to court for further hearings

PRELIMINARY HEARING

Pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant. If the evidence does not show probable guilt, the judge may dismiss the case.

GRAND JURY PROCEEDING

Grand Jury – Group of people charged with determining whether there is sufficient cause to charge a person with a crime

Used by the federal government and about 20 states

The prosecutor need not present all of the evidence the state has at this proceeding

INDICTMENT

Formal charges of criminal action

INFORMATION

A prosecuting attorney’s federal accusation of the defendant, detailing the nature and circumstances of the charge

BAIL

Money or property put up by the accused or his or her agent to allow release from jail before trial. The purpose of bail is to assure the court that then defendant is present for trial.

PERSONAL RECOGNIZANCE

A release from legal custody based on a defendant’s promise to show up for trial.

NOLO CONTENDERE

Plea in which the defendant does not admit guilt but does not contest the charges

PRETRIAL MOTION

A document by which a party asks the judge to make a decision or take some action before the trial begins.

MOTION FOR DISCOVERY OF EVIDENCE

A request by the defendant to examine, before trial, certain evidence possessed by the prosecution.

MOTION FOR A CONTINUANCE

A request to postpone a lawsuit to gain more time to prepare the case.

MOTION FOR CHANGE OF VENUE

To change the location of trial To avoid community

hostility For the convenience

of witnesses Used in DC Sniper

case

MOTION TO SUPPRESS EVIDENCE

It is a request that certain evidence not be allowed to be presented.

JUDICIAL INTEGRITY

This is an argument for the use of the exclusionary rule, which emphasizes that courts should not permit lawbreaking by the police. Used in discussing search and seizure.

PLEA BARGAINS In many cases the

prosecutor and the defense enter into plea bargains

The judge is not required to accept a plea bargain worked out by the parties

A judge will not accept a plea bargain if the defendant does not fully understand voluntarily enter the plea

Victims are most likely to object

ADVANTAGES OF PLEA BARGAINING Prosecutor

In weak cases, still get a conviction, even if to a lesser crime.

May have high caseloads Without guilty pleas, trials

could not occur within the speedy trial rule.

Avoids the time and expense of a public trial

Defense Attorney Have very high caseloads

and rely on plea bargains to maintain caseloads

Helps them achieve a favorable outcome for their client

ADVANTAGES OF PLEA BARGAINING CONT’D

Defendant Receive some favorable

benefits (reduced criminal charge, lower penalty, etc.)

Is less expensive and is less time consuming

Judge Forces the defense

counsel and prosecutor to discuss the relative strengths and weaknesses of their case.

Reduces their dockets

DISADVANTAGES OF PLEA BARGAINS

Prosecutor As elected official,

may be strongly criticized by public for plea bargaining

Defense Attorneys May negotiate a plea

arrangement that the judge does not accept, which results in the client pleading guilty and not obtaining the benefit expected.

DISADVANTAGES OF PLEA BARGAINS

Defendant May feel pressured to accept a plea bargain May not obtain the benefit he or she expected

from the plea bargain May come to believe that the system is unfair

and their attorney is incompetent May come to believe that the criminal justice

system is not about justice but about dealmaking Judge

As elected official, may feel that the public unfairly blames them for “deals” made by the prosecutor

GOOD FAITH EXCEPTION

When there is a good faith exception to the exclusionary rule, seized evidence can be used against the defendant at trial