Criminal Justice Process:

Proceedings Before Trial

Chapter 13Street Law Text

pp. 155-165

• Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case

Booking and Initial Appearance• Booking- Formal process of making a

police record of the arrest– In Processing– • Name, address, birthday, employment, previous

arrests, fingerprinting, mug shots• Possibly DNA [from fingernails or hair], urine or blood

tests for drugs/alcohol

• Usually there is an initial hearing before a judicial officer where the defendant is given information on their rights and the charges against them

• Arraignment- usually in a felony case where the defendant enters a plea [guilty, not guilty, or nolo contendere]

Bail and Pretrial Release• Bail- Amount of money posted by a defendant to be released from

jail prior to their trial• The purpose of bail is to assure the court that the defendant will return for trial

• Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. – Usually a bond of 10% [of total bail] is required to be released from jail

– If the defendant cannot come up with that amount they usually go to a bail bondsman who posts the 10% for a fee or may have to pay the entire amount of bail

– If a defendant skips out on the bail the bondsman will send a bounty hunter after the defendant to offset his losses!

• Personal Recognizance-Personal bond, a person must promise to return for court. Usually this person must be of low risk of fleeing, and not a threat to society at all

• Conditional Release- is when a defendant is released prior to trial with one or more conditions [Drug/Alcohol treatment, House arrest, Work release, etc]

• Pretrial Detention- No release at all prior to trial

You Be the

Judge

p. 159

Information• Information- Formal accusation of the defendant, detailing the nature

and circumstances of the charge• Used when there is enough evidence to show the court the defendant should be tried [in

place of indictment, or a preliminary hearing]

• Grand Jury- Group of 16-23 that review evidence to see if there is enough to charge a person with a crime

• Indictment- Formal charge brought by a grand jury

• After an indictment, information, or preliminary hearing the defendant is required to appear in court and enter a plea– Guilty, Not Guilty, or

• Nolo Contendere- No Contest- The defendant does not admit guilt but does not challenge the charges [treated like a guilty plea, no trial]

• Preliminary Hearing- Screening process in felony case to determine if there is enough evidence to try a defendant

During the hearing the defendant may have an attorney, present evidence, and cross examine witnesses.. If the judge dismisses the case the prosecution may request a grand jury

Preliminary Hearing

Felony Arraignment and Pleas

Grand Jury

Pretrial Motions• Pretrial Motion- Formal request prior to a trial that

the court must rule on or take some action on– Motion for discovery of Evidence

• Request to examine evidence gathered by prosecutor

– Motion for a Continuance• Request to have more time to prepare for trial

– Motion for Change of Venue• Request to move the trial to another jurisdiction, usually

because an impartial jury can not be found

– Motion to Suppress Evidence• Request that certain evidence not be allowed during the trial

– Motion to Dismiss• Request to have the case dismissed by the Judge, prior to trial,

because of lack of evidence [as seen by the defense]

The Exclusionary Rule• The 4th Amendment protects citizens against

“unreasonable searches and seizures”. The Supreme Court has put “teeth” in this by creating and enforcing the:

• Exclusionary Rule-Evidence that is illegally seized cannot be used at trial to convict a person

• The rule does not stop a person from being arrested or tried but may cause difficulty in proving guilt

• Judicial Integrity-Courts should not be a party to lawbreaking by police or prosecutors

• Deterrence-Measures taken to discourage criminal actions usually by punishment of some sort……

• In the case of the Exclusionary Rule it attempts to deter police from violating the 4th Amendment

Plea Bargaining• Only about 10% of all criminal cases go to trial

• Most people plead Guilty or Nolo Contendere• The most common of these are those that sign a traffic

citation and send their fine to the court, this is usually a separate class of crime [traffic violations] but can be a misdemeanor

• Plea Bargaining-Accused agreeing to plead guilty or Nolo Contendere in exchange for a lesser charge

• Plea Bargaining is obviously very common, it saves tax payers money, and ensures that there is a conviction, even if it is for a lesser charge