Criminal Justice Process:Proceedings Before Trial

Before reaching the courtroom•Preliminary proceedings take place•Some criminal cases

▫Chargers are dropped▫Or defendant pleads guilty▫Therefore, NO TRIAL

Booking and Initial Appearance•After Arrest

▫Police station for bookingformal process of police record

▫Accused provides basic information (i.e, name, address, etc. any prior arrests)

▫Fingerprinted▫Photographed▫Some cases: fingernail clippings,

handwriting specimens, blood samples, urine tests

Booking and Initial Appearance•Initial appearance – most important part

is whether defendant will be released and what conditions▫Accused appears before a judge

Judge explains rights and nature of charges Attorney is appointed or defendant obtains

one Judge may set bail or remain in jail awaiting

trial

Booking and Initial Appearance▫Misdemeanor case

Defendant asked to plea guilty or not guilty▫Felony case

Same as above but does NOT enter a plea until later in the process - (felony arraignment)

Preliminary hearing to determine a probable cause

Bail and Pretrial Release•Constitution right to bail – but not murder

•Arrested person can be released on bail▫An amount of money to ensure the court that

defendant will return for trial▫If defendant has no money, bond company

puts up bail bond for fee. If defendant does not show up to court, bond company pays the court……….and……

…..this guy coming for you!

Bail and Pretrial Release•Eligible for release on personal

recognizance - personal bond▫Defendant must promise to return / low

risk person▫Courts may set nonmonetary conditions

Third party custody Maintain or get a job Reside at certain place Report whereabouts on a regular basis.

Bail and Pretrial Release•Bail Reform Act 1984

▫Prevents release on bail if charged with federal felony offense and believed to be dangerous

Information•Prosecutor’s information

▫Details the nature and circumstance of the charge

▫Formal criminal charge filed with the court Based on evidence on preliminary

investigation

Preliminary Hearing•A screened process used in felony cases

in decided a trial.▫Prosecutor establishes a crime has been

commited and defendant did it▫Case may be dismissed if judge finds not

probable cause▫Prosecutor can still submit case to grand

jury for further review.

Grand Jury•Grand jury – group of 16 – 23 people

▫Determines if there is sufficient cause ▫Only the prosecutor submits evidence to

the gran jury▫Accused or attorney is NOT allowed to

appear▫Judge is NOT present▫Rules of evidence do not apply

Felony Arraignment and Pleas•After indictment (formal charge of

criminal action)▫Defendant must appear in court to enter a

plea▫Nolo contendere – defendant does not

admit guilt but does not contest the charges - directly to sentencing

▫If guilty – judge sets a date for sentencing▫If not guilty – judge sets a date for trial

judge asks defendant if he/he like a trial by jury

Or trial before judge alone – bench trial

Pretrial Motions: The Exclusionary Rule•Pretrial Motion

▫Motion is a formal request that a court make a ruling or take some other action.

▫Common motions: Motion for discovery of evidence – to examine

certain evidence a prosecutor has Motion for continuance – more time to

prepare case Motion for change of venue – change of

location Motion to suppress evidence – request for

certain evidence not be allowed

Exclusionary Rule•Any evidence illegally seized or illegally

questioned by law enforcement officials cannot be used to convict

•2 major arguments in support 1. Judiciary integrity – the idea that courts

should not be parties to lawbreaking by police

2. Deterrence – police will be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court.

Plea Bargain•Used to obtain guilty pleas before the trial

begins.•Most criminal cases never go to trial

The End

Key terms to know for quiz• Bail• Bail bond company• Bail Reform Act• Booking• Excessive bail• Exclusionary rule• Felony• Arraignment• Good faith exception• Grand jury• Guilty plea

• Indictment• Information• Initial appearance• Judicial integrity• Motion to suppress

evidence• Nolo contendere• Personal recognizance• Plea bargain• Preliminary• Pretrial motion