pretrial actions chaptersseveneight & nine all images © microsoft corporation
TRANSCRIPT
Pretrial ActionsPretrial Actions
ChaptersChapters
SevenSeven
EightEight
& Nine& Nine
All Images © Microsoft Corporation
Role of the ProsecutorRole of the Prosecutor
Prior to ArrestPrior to Arrest
–Assist with obtaining warrantsAssist with obtaining warrants–Provide legal advise on how Provide legal advise on how
investigation is conductedinvestigation is conducted
Role of the ProsecutorRole of the Prosecutor
After Arrest -After Arrest - Review police Review police reports to determine:reports to determine:– Evidence available to establish each Evidence available to establish each
element of crimeelement of crime– Violations of Fourth or Fifth Violations of Fourth or Fifth
AmendmentAmendment– Credibility of potential witnessesCredibility of potential witnesses– Likelihood witnesses will be available Likelihood witnesses will be available
for court appearances for court appearances
Role of the ProsecutorRole of the Prosecutor
Other factors consideredOther factors considered– Attitude of public toward this type of Attitude of public toward this type of
casecase
– Severity of offense versus other Severity of offense versus other cases pendingcases pending
– Likelihood of winning the caseLikelihood of winning the case
– Decide how many charges to fileDecide how many charges to file
Decision to ChargeDecision to Charge
Prosecutor Must Consider Prosecutor Must Consider Many Factors When Deciding Many Factors When Deciding What Charges to FileWhat Charges to File
Such as:Such as:
1
The prosecutor job is to review the police reports by asking what question(s)?
Question
A) Is there enough evidence?
B) Are the witnesses credible? Are they available?
C) Does it violate search and seizure amendment?
D) Does it violate freedom of speech amendment?
E) A and B only
F) A, B, and C
Decision to ChargeDecision to Charge Evidence to establish each element of Evidence to establish each element of
the crimethe crime Are there violations of suspect's rights Are there violations of suspect's rights
that will make some of the evidence that will make some of the evidence inadmissible?inadmissible?
Are the victim and eye witnesses Are the victim and eye witnesses credible?credible?
What evidence will be excluded What evidence will be excluded because of the Hearsay Rule? other because of the Hearsay Rule? other problems with evidence? problems with evidence?
Decision to ChargeDecision to Charge
Jurisdiction of court Jurisdiction of court –GeographicalGeographical
–Subject matterSubject matterVenueVenueStatute of limitations Statute of limitations
2
Criminal charges may be filed whenever there is __________ evidence that the suspect committed a crime.
Question
A) Habeus Corpus
B) Mens Rea
C) Prima Facie
D) Nolo Contendre
E) Thesis Notheis Answerus
Decision to ChargeDecision to Charge Does Double Jeopardy bar filing Does Double Jeopardy bar filing
any of the charges?any of the charges? What degree of the crime What degree of the crime
should be charged?should be charged? If more than one person If more than one person
committed the crime, should the committed the crime, should the suspects be charged jointly or suspects be charged jointly or separately? separately?
Decision to ChargeDecision to Charge
Will filling additional charges Will filling additional charges facilitate plea bargaining?facilitate plea bargaining?
Should a longer sentence be Should a longer sentence be sought because of the sought because of the defendant's prior defendant's prior convictions? convictions?
The Criminal ComplaintThe Criminal Complaint
Formal RequirementsFormal Requirements Identify court:Identify court:
–Name of StateName of State–Name of Court Name of Court
Identify parties:Identify parties:–Prosecution listed as "State v Smith”Prosecution listed as "State v Smith”–Names of all defendants given Names of all defendants given
along with relevant aliasesalong with relevant aliases
The Criminal ComplaintThe Criminal Complaint
Formal RequirementsFormal Requirements List crimes chargedList crimes charged
–Crimes listed in separate Crimes listed in separate "Counts""Counts"»Local rules govern whether the Local rules govern whether the
most serious crime is charged or most serious crime is charged or whether a separate count is filed for whether a separate count is filed for each possible degree of the crime each possible degree of the crime
The Criminal ComplaintThe Criminal Complaint
Formal RequirementsFormal Requirements Each count must give facts to Each count must give facts to
indicate:indicate:– Geographical jurisdiction of courtGeographical jurisdiction of court– Statute of limitations has not runStatute of limitations has not run– What crime is chargedWhat crime is charged– If multiple defendants are charged in the If multiple defendants are charged in the
complaint, the name of the defendant complaint, the name of the defendant charged in each count must be indicatedcharged in each count must be indicated
3People of the State of Georgia
Plantiff,
vs.
Ron Mexico
Defendent.
The above is an example of a:
Question
A) Criminal Complaint
B) Statute of Limitations
C) Arraignment Process
D) Informal Charge
ArraignmentArraignmentArraignment is normally the first Arraignment is normally the first
court appearance after the court appearance after the charges are filedcharges are filed
ArraignmentArraignmentProcedures at the arraignment:Procedures at the arraignment: Defendant has the right to be Defendant has the right to be
present in personpresent in person Defendant will be given a copy Defendant will be given a copy
of the complaintof the complaint Judge will advise defendant of Judge will advise defendant of
right to counsel right to counsel
ArraignmentArraignmentProcedures at the arraignment:Procedures at the arraignment: Screening for public defender Screening for public defender Continuance may be granted if Continuance may be granted if
defendant needs time to hire an defendant needs time to hire an attorney attorney
Interview with ClientInterview with Client
Establish Rapport – show interestEstablish Rapport – show interest Agree on Fee – most upfront!Agree on Fee – most upfront! Advise all rights, warn not to talkAdvise all rights, warn not to talk Trust is priorityTrust is priority Treat respectfully – walk in their shoesTreat respectfully – walk in their shoes
– Explain attorney-client privilege Explain attorney-client privilege Attempt to accommodate needsAttempt to accommodate needs Explain role of attorney and CJS overallExplain role of attorney and CJS overall
4
Arraignment process is usually the ______ court appearance when charges are filed.
Question
A) Last
B) Worst
C) Best
D) First
5
Which is NOT a plea that can be entered during the arraignment process?
Question
A) Guilty
B) Not Guilty
C) Innocent
D) Nolo Contendere
E) No plea
F) C and E
Interview with ClientInterview with Client
Explain timelineExplain timeline Get extensive bio – in bookGet extensive bio – in book Warn of snitchesWarn of snitches Counsel clients emotional needsCounsel clients emotional needs Amsterdam Card – rightsAmsterdam Card – rights
Getting Story StraightGetting Story Straight
Start by letting them tell whole storyStart by letting them tell whole story Try to use clients perspectiveTry to use clients perspective Get details and clear up timelineGet details and clear up timeline TAKE NOTES!TAKE NOTES! Reiterate the Attorney-Client Reiterate the Attorney-Client
PrivilegePrivilege Avoid Cross-Exam. - unless blatant Avoid Cross-Exam. - unless blatant
lieslies
6
After arraignment, the Miranda rights do not apply because the suspect is no longer in custody.
Question
A) True
B) False
Post-Arraignment ActionsPost-Arraignment Actions
Get client’s storyGet client’s story Establish decision-making authorityEstablish decision-making authority Arrange Translator – non family, no Arrange Translator – non family, no
ties to governmentties to government
Probable Cause HearingProbable Cause Hearing PurposePurpose Probable cause hearing is Probable cause hearing is
conducted to determine whether conducted to determine whether there is probable cause to hold the there is probable cause to hold the suspect in custody pending trialsuspect in custody pending trial
Hearing must be held within 48 Hearing must be held within 48 hours of arrest except in an hours of arrest except in an emergency such as a natural emergency such as a natural disaster which closes the courts. disaster which closes the courts.
Probable Cause HearingProbable Cause Hearing PurposePurpose Sworn testimony is presented Sworn testimony is presented
(witnesses, affidavits or police (witnesses, affidavits or police reports signed under oath) to reports signed under oath) to establish probable cause to establish probable cause to detain defendant.detain defendant.
Probable Cause HearingProbable Cause Hearing PurposePurpose If judge determines that there is If judge determines that there is
probable cause the defendant may probable cause the defendant may be held in custody pending trial. be held in custody pending trial.
The defendant must be The defendant must be releasedreleased if if the judge does not find probable the judge does not find probable cause has been established. cause has been established.
Preliminary Hearing Preliminary Hearing PurposePurpose Judge hears testimony in open Judge hears testimony in open
court to determine if a court to determine if a prima facieprima facie case has been established for each case has been established for each felony chargedfelony charged
Preliminary hearing is usually held Preliminary hearing is usually held within two weeks after arraignment within two weeks after arraignment unless defense agrees to unless defense agrees to continuance continuance
Preliminary Hearing Preliminary Hearing What Prosecutor DoesWhat Prosecutor Does1.1. Presents evidence to establish Presents evidence to establish
prima facieprima facie case for each element case for each element of every felony in the complaintof every felony in the complaint
2.2. Calls witnesses and conducts Calls witnesses and conducts direct examinationdirect examination
3.3. Cross examines witnesses called Cross examines witnesses called by defense by defense
Grand Jury Grand Jury
Grand Jury Grand Jury Fifth Amendment right to indictment by Fifth Amendment right to indictment by
grand jury in cases involving capital grand jury in cases involving capital offenses and infamous crimesoffenses and infamous crimes– Only applies to criminal trials in Only applies to criminal trials in
federal courtsfederal courts Indictment is not required for cases Indictment is not required for cases
involving only misdemeanorsinvolving only misdemeanors States are free to enact laws States are free to enact laws
authorizing use of preliminary hearing authorizing use of preliminary hearing instead of indictment instead of indictment
Grand Jury Grand Jury Prosecutor who takes case to Prosecutor who takes case to
grand jury seeks an grand jury seeks an IndictmentIndictment. . Grand jury investigates case on its Grand jury investigates case on its
own and returns a own and returns a PresentmentPresentment. . Grand juries may also hear a case Grand juries may also hear a case
at the direction of a judge. at the direction of a judge.
Grand Jury Grand Jury
Grand jurors usually serve a fixed Grand jurors usually serve a fixed termterm
Grand jury is usually larger than Grand jury is usually larger than trial jury; historically it had 23 trial jury; historically it had 23 members members
Grand Jury Grand Jury Not all members are required to be Not all members are required to be
present when every case is present when every case is presentedpresented
State law sets number of votes State law sets number of votes required to return indictmentrequired to return indictment
TRUE BILL - sufficient evidence to TRUE BILL - sufficient evidence to merit prosecutionmerit prosecution
NO BILL - charges rejected and NO BILL - charges rejected and may be filed againmay be filed again
7
A Grand Jury Proceeding is held in _______ and the Preliminary Hearing is held in ________.
Question
A) Board Room, Court Room
B) Court Room, Judges Chambers
C) Private, Public (Open)
D) District Court, Jail
8
Which is NOT accurate of a Grand Jury Proceeding.
Question
A) Cross Examination of witness
B) Exclusionary Rule does not apply
C) Defense allowed to present evidence
D) Held in private - press not allowed
E) A and C
F) All of the above
Handout!Handout!
Prelim v Grand JuryPrelim v Grand Jury
Pre-Trial Release Pre-Trial Release BailBail Not granted in capital casesNot granted in capital cases Traditionally granted if Traditionally granted if
defendant is considered likely defendant is considered likely to appear in court as to appear in court as scheduled scheduled
Pre-Trial Release Pre-Trial Release 1.1. Cash bailCash bail2.2. Non-cash bailNon-cash bail3.3. Bail bondBail bond4.4. Personal bond Personal bond 5.5. Own Recognizance (OR) ReleaseOwn Recognizance (OR) Release6.6. Electronic MonitoringElectronic Monitoring7.7. House Arrest House Arrest
Plea Bargaining Plea Bargaining Benefits/Disadvantages of Benefits/Disadvantages of
PB from intro notes (not PB from intro notes (not simple test answers) simple test answers)
9
Plea Bargain is:
Question
A) Another reason for filing numerous charges.
B) Negotiations between prosecutor and defense lawyer
C) A way to get some charges dropped.
D) All of the above
10
A(n) __________ is a formal charging document which is returned by a grand jury after investigation of a case.
Question
A) Arraignment
B) Indictment
C) Plea Bargain
D) Verdict
11
Tommy has been arrested for minor in possession of alcohol. It is Tommy's first alcohol offense and has no prior criminal record.
What court tactic would serve best in this scenario?
Question
A) Indictment
B) Diversion
C) Plea Bargain
D) Send him to the big house
E) Put him on house arrest
F) Deport him
Diversion Diversion Programs divert defendants Programs divert defendants
from the criminal justice systemfrom the criminal justice system Most diversion programs are Most diversion programs are
designed for first offendersdesigned for first offenders Diversion usually focuses on Diversion usually focuses on
counseling programscounseling programs Program are designed for Program are designed for
specific types of offenders specific types of offenders
Diversion Diversion Attending counseling sessions is Attending counseling sessions is
mandatorymandatory Completion of diversion program Completion of diversion program
usually entitles defendant to usually entitles defendant to dismissal of the charges and/or dismissal of the charges and/or expunging arrest record expunging arrest record
Prosecutor may take case to trial if Prosecutor may take case to trial if court rules defendant failed the court rules defendant failed the diversion program diversion program
Challenges to Criminal Challenges to Criminal Complaint, Indictment and Complaint, Indictment and
Information by Defense Information by Defense
Double JeopardyDouble Jeopardy
Challenges to Criminal Challenges to Criminal Complaint, Indictment and Complaint, Indictment and
Information by Defense Information by Defense
Double JeopardyDouble Jeopardy Needs official court records Needs official court records
indicating defendant has prior indicating defendant has prior conviction or acquittal on crime conviction or acquittal on crime charged or greater/lesser charged or greater/lesser included offense. included offense.
12
The ________ amendment protects against double jeopardy.
Question
A) First
B) Second
C) Third
D) Fourth
E) Fifth
F) Sixth
Lack of Subject Matter Lack of Subject Matter JurisdictionJurisdiction
Lack of Subject Matter Lack of Subject Matter JurisdictionJurisdiction
Must show state law indicating Must show state law indicating the court where the pleadings the court where the pleadings were filed does not have were filed does not have authority to handle this type of authority to handle this type of case. case.
Statute of Limitations Statute of Limitations Statute of Limitations Statute of Limitations
Compare date complaint states Compare date complaint states crime occurred with date charges crime occurred with date charges were filed to determine if statute were filed to determine if statute of limitations for specific crimes of limitations for specific crimes expired before case was filed. expired before case was filed.
Lack of Speedy Trial Lack of Speedy Trial Lack of Speedy Trial Lack of Speedy Trial
Must show delay Must show delay afterafter indictment indictment or filing charges was detrimental or filing charges was detrimental
to defendant's case. to defendant's case. Factors considered: Factors considered:
Lack of Speedy Trial Lack of Speedy Trial Lack of Speedy Trial Lack of Speedy Trial
length of delaylength of delay defendant has asserted right to speedy defendant has asserted right to speedy
trialtrial no valid reason for delayno valid reason for delay defendant's case was prejudiced by delay defendant's case was prejudiced by delay
13
A Speedy Trial refers to the period from:
Question
A) Indictment to Verdict
B) Arrest to Verdict
C) First day of Trial to Last day of Trial
D) Arrest to First day of Trial
E) Conception to Verdict
Failure to State a Cause of Failure to State a Cause of Action Action
Failure to State a Cause of Failure to State a Cause of Action Action
Challenges wording of Challenges wording of pleadings: claims no crime pleadings: claims no crime was committed even if was committed even if defendant committed the acts defendant committed the acts alleged. alleged.
Exclusionary Rule and Fruit of Exclusionary Rule and Fruit of the Poison Tree Doctrine the Poison Tree Doctrine
U. S. Supreme Court imposed U. S. Supreme Court imposed Exclusionary RuleExclusionary Rule on the states in on the states in Mapp v. OhioMapp v. Ohio (1961) (1961)– evidence obtained in violation of the evidence obtained in violation of the
suspect’s constitutional rights is not suspect’s constitutional rights is not admissible at trial to establish his/her admissible at trial to establish his/her guiltguilt
Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule
““Good faith” exceptionGood faith” exception:: ““good faith” belief that they were good faith” belief that they were
acting pursuant to a valid warrantacting pursuant to a valid warrant ““good faith” belief that they were good faith” belief that they were
enforcing a valid law but the law enforcing a valid law but the law was later determined to be was later determined to be unconstitutionalunconstitutional
Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule
““Good faith” exceptionGood faith” exception:: ““good faith” reliance on computer good faith” reliance on computer
information that indicated there was a information that indicated there was a valid warrant outstanding for the arrest valid warrant outstanding for the arrest of the suspect although the warrant had of the suspect although the warrant had actually been recalled prior to the arrestactually been recalled prior to the arrest
WARNINGWARNING: the “good faith” exception is a : the “good faith” exception is a very limited; it does NOT apply to every very limited; it does NOT apply to every act an officer does in good faithact an officer does in good faith
Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule
Inevitable Discovery:Inevitable Discovery: Although unconstitutional means Although unconstitutional means
were used to find the evidence, it were used to find the evidence, it was inevitable that the evidence was inevitable that the evidence would have been discovered using would have been discovered using legal meanslegal means
Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule
Independent Source :Independent Source : Evidence was found using totally Evidence was found using totally
untainted information from sources untainted information from sources independent of the illegal search or independent of the illegal search or confessionconfession
Exceptions to the Exceptions to the Exclusionary RuleExclusionary Rule
““Public Safety” exception :Public Safety” exception : Allows brief questioning of a Allows brief questioning of a
suspect at the time of his/her arrest suspect at the time of his/her arrest when officers believe there is an when officers believe there is an emergency threatening public emergency threatening public safetysafety
14
____________ and ____________ are the two most common reasons the Exclusionary Rule is used.
Question
A) Arrest without probable cause, Miranda not administered
B) Invalid ID Card, Confessing to a crime
C) Search, Seizure
D) Illegal cavity search, False Imprisonment
Fruit of the Poison Tree Fruit of the Poison Tree DoctrineDoctrine
Evidence derived from illegally obtained Evidence derived from illegally obtained evidence is not admissible at trialevidence is not admissible at trial
Time and intervening circumstances Time and intervening circumstances may result in the taint of the initial illegal may result in the taint of the initial illegal act being removed.act being removed.
Result: evidence derived from initial Result: evidence derived from initial illegal activity may be admissible; illegal activity may be admissible; original illegally obtained evidence original illegally obtained evidence remains inadmissible.remains inadmissible.
Challenges to Evidence by Challenges to Evidence by
DefenseDefense
Challenge to Validity of Challenge to Validity of WarrantWarrant
Challenge to Validity of WarrantChallenge to Validity of Warrant
Warrant not based on probable causeWarrant not based on probable causeEvidence ConsideredEvidence Considered: Facts in : Facts in
affidavits and sworn testimony affidavits and sworn testimony considered by judge at time warrant considered by judge at time warrant was issued. Facts known to the was issued. Facts known to the officers but not presented to the judge officers but not presented to the judge as sworn evidence may not be as sworn evidence may not be considered.considered.
Legal IssueLegal Issue: Do all the facts, taken : Do all the facts, taken together, establish probable cause?together, establish probable cause?
Challenge to Validity of WarrantChallenge to Validity of Warrant
False information used to obtain False information used to obtain warrantwarrant
Evidence ConsideredEvidence Considered: Whether officers : Whether officers knowingly included lies in the affidavit knowingly included lies in the affidavit used to obtain a warrant. Reckless used to obtain a warrant. Reckless disregard for the truth is treated the disregard for the truth is treated the same as knowingly including lies.same as knowingly including lies.
Legal IssueLegal Issue: Do the facts that remain, : Do the facts that remain, after excluding items officers knew or after excluding items officers knew or should have known were untrue, should have known were untrue, establish probable cause?establish probable cause?
Challenge to Validity of WarrantChallenge to Validity of WarrantSearch warrant executed in inappropriate Search warrant executed in inappropriate
mannermannerEvidence ConsideredEvidence Considered: Compare search that : Compare search that
was authorized in the warrant and the was authorized in the warrant and the search actually conducted. Also consider: search actually conducted. Also consider: had warrant expired? are there other had warrant expired? are there other grounds, such as Plain View Doctrine, for grounds, such as Plain View Doctrine, for the officer's actions? the officer's actions?
Legal IssueLegal Issue: Did officers restrict search to : Did officers restrict search to places authorized in the warrant and items places authorized in the warrant and items the warrant stated they could seize? Is the the warrant stated they could seize? Is the seizure justified on other legal grounds?seizure justified on other legal grounds?
Challenges to Evidence by Challenges to Evidence by
DefenseDefense
Challenges to acts not Challenges to acts not done pursuant to a done pursuant to a
warrantwarrant
Challenges to acts not done pursuant Challenges to acts not done pursuant to a warrantto a warrant
SearchesSearches: :
Evidence ConsideredEvidence Considered: What the : What the officers did and why the officers officers did and why the officers conduct the search.conduct the search.
Legal IssueLegal Issue: Is there an exception : Is there an exception to the Fourth Amendment which to the Fourth Amendment which justifies the officer's actions? justifies the officer's actions? Prosecution bears burden of proof.Prosecution bears burden of proof.
Challenges to acts not done pursuant Challenges to acts not done pursuant to a warrantto a warrant
ArrestArrest::
Evidence ConsideredEvidence Considered: All facts : All facts available to officer at time arrest available to officer at time arrest was made.was made.
Legal IssueLegal Issue: Did the officer have : Did the officer have probable cause to make the probable cause to make the arrest? Was an arrest warrant arrest? Was an arrest warrant required?required?
Challenges to acts not done pursuant Challenges to acts not done pursuant to a warrantto a warrant
ConfessionsConfessions::
Evidence ConsideredEvidence Considered: All facts : All facts surrounding the interrogation.surrounding the interrogation.
Legal IssuesLegal Issues: Were : Were MirandaMiranda warnings required? Were warnings required? Were MirandaMiranda warnings given correctly? Did warnings given correctly? Did suspect waive suspect waive MirandaMiranda rights? rights?
Defendant's Right to Discovery Defendant's Right to Discovery
BradyBrady material: Due Process material: Due Process mandates that the prosecution mandates that the prosecution must disclose evidence that might must disclose evidence that might be used to exonerate the be used to exonerate the defendant.defendant.
Prosecutor is assumed to know Prosecutor is assumed to know everything that the police have in everything that the police have in their filestheir files
Defendant's Right to Discovery Defendant's Right to Discovery
If defendant makes specific requestIf defendant makes specific request prosecution must check file for prosecution must check file for
items requested and give defense items requested and give defense the information if it is available the information if it is available
Defendant's Right to Discovery Defendant's Right to Discovery
If defendant makes general requestIf defendant makes general request prosecution must check file and prosecution must check file and
give defense information that give defense information that appears to show defendant's appears to show defendant's innocenceinnocence
Defendant's Right to Discovery Defendant's Right to Discovery
If defendant makes no request.If defendant makes no request. prosecution must give defense prosecution must give defense
information that appears to show information that appears to show defendant's innocencedefendant's innocence
Defendant's Right to Discovery Defendant's Right to Discovery
Local rules may give defense the Local rules may give defense the right to pre-trial notice:right to pre-trial notice:
Witnesses prosecution plans to call Witnesses prosecution plans to call Statements prosecution witnesses Statements prosecution witnesses
have made to the police or have made to the police or prosecutor prosecutor
Copies of statements that Copies of statements that defendant made to the policedefendant made to the police
Prosecution's Right to Prosecution's Right to DiscoveryDiscovery
Fifth Amendment privilege against Fifth Amendment privilege against self-incrimination bars prosecution self-incrimination bars prosecution from obtaining incriminating from obtaining incriminating statements by defendant that statements by defendant that defense has on filedefense has on file
Prosecution's Right to Prosecution's Right to DiscoveryDiscovery
Local rules may give prosecution the right to Local rules may give prosecution the right to pre-trial notice:pre-trial notice:
Defendant intends to claim alibiDefendant intends to claim alibi Names of witnesses defense intends to Names of witnesses defense intends to
callcall Statements defense witnesses, except Statements defense witnesses, except
defendant, have madedefendant, have made Items of physical evidence defense plans Items of physical evidence defense plans
to introduce and lab tests performed on the to introduce and lab tests performed on the itemsitems
15
The pretrial process of learning what evidence the other side has is called:
Question
A) Exclusion
B) Seclusion
C) Reclusion
D) Discovery
Pre-Trial ConferencePre-Trial Conference
Conference between judge and all Conference between judge and all attorneys in case frequently held in attorneys in case frequently held in judge's chambers usually held a judge's chambers usually held a few days before the trial is few days before the trial is scheduled to beginscheduled to begin
Pre-Trial ConferencePre-Trial Conference
Topics considered:Topics considered: Is there a plea bargain agreement?Is there a plea bargain agreement? How long is the trial expected to How long is the trial expected to
last?last? Is any special equipment needed?Is any special equipment needed? Is an interpreter needed?Is an interpreter needed? Will there be a jury?Will there be a jury?
Pre-Trial ConferencePre-Trial Conference
Topics considered:Topics considered: How many prospective jurors are How many prospective jurors are
needed?needed? Will questionnaires be used to Will questionnaires be used to
screen potential jurors?screen potential jurors? Will the jury be sequestered?Will the jury be sequestered?
Pre-Trial ConferencePre-Trial Conference
Topics considered:Topics considered: Will the jury be transported to crime Will the jury be transported to crime
scene for a view?scene for a view? How many alternate jurors will be How many alternate jurors will be
needed?needed? Do special accommodations need Do special accommodations need
to be to be made for media coverage made for media coverage of the case?of the case?
16
A preliminary examination of potential jurors, under oath, to determine their competence or suitability for a case is called:
Question
A) Conferencing
B) Debating
C) Delegating
D) Selecting
E) Voir Dire
Pretrial ActionsPretrial Actions
ChaptersChapters
SevenSeven
EightEight
& Nine& Nine