c riminal j ustice p rocess proceedings before trial
TRANSCRIPT
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
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.
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 CHANGE OF VENUE
To change the location of trial To avoid community
hostility For the convenience
of witnesses Used in DC Sniper
case
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