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