Standards 10-11: The Criminal Trial

St 10: Pretrial Procedures

Students can identify the steps involved in the pretrial criminal process.Due ProcessDue Process Clause: No person shall be deprived of life, liberty, or property without due process of law.

What does the process usually look like?An unbiased trial.Notice of the charges and evidenceOpportunity to present reasons why the proposed punishment should not be enacted.The right to present evidence, including the right to call witnesses. The right to know opposing evidence.

The right to cross-examine adverse witnesses. A decision based exclusively on the evidence presented. Opportunity to be represented by counsel. Requirement that the court prepare a record of the evidence presented. Requirement that the court prepare written findings of fact and reasons for its decision.

Learning Target 10.1I can question whether the right to a speedy trial guarantees due process to all Americans.6th Amendment RightsGuarantees the right to a speedy trialState laws vary on what is speedyFed courts require not more than 100 days between arrest and trialWhy would this be important enough to include in the Bill of Rights?

Initial AppearancePromptly (usually within 48 hours of arrest)Defendant informed of chargesBrief summary of evidenceConstitutional Rights5th Am: right to silence6th Am: right to counselBail

Learning Target 10.2I can synthesize information about initial appearances to determine the bail amount of a given felon.Bail Schedule Scenario7What is Bail?Definition: amount paid by the defendant to the court and retained by the court until the defendant returns for further proceedings

Determining Bail AmountRiskFlight riskCriminal riskType of crime committedbail will be denied for capital crimesDefendants recordDefendants general characterProsecutors recommendations

Bail BondspersonType of business that posts bail for a person that can not afford it for a fee.Bounty hunters: hired by bail bondspersons to find and detain those that skip bail.

Pretrial HearingsPreliminary HearingJudge hears prosecution present evidenceJudge determines probable cause to proceed with trialCharging Document: InformantCan be requested or waived by defendant

Grand Jury HearingGrand Jury hears prosecution present evidenceGrand Jury determines probable cause to proceed with trialCharging document: IndictmentRequired by Fed courts and some states11ArraignmentCharges readDefendant enters pleaGuiltyNot GuiltyNolo contendere (no contest)

LT 10.3 Plea BargainingI can synthesize information about plea bargains by creating a specific scenario. Plea Bargaining Form13Types of Plea BargainingCharge bargainingLesser chargeEx: 1st degree murder reduced to 2nd Sentence bargainingLighter sentenceShorter prison time, probation, or alternate punishmentJudge has final decisionCount bargainingReduction in charges if multiple charges exist

Plea Bargaining Benefits95% of casesBenefits to ProsecutionNo risk of not guilty verdictQuicker resolutionPersonal discretionBenefits to DefenseHelps a guilty defendantQuicker resolution

Inducing a Guilty PleaOver charging:prosecution bring extra charges for a single crime or higher charge for a lesser crime.Strong Evidence

Overcharging example: Charge attempted murder for battery16