the court system pretrial, trial and sentencing. proceeding before a trial booking –police station...
TRANSCRIPT
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The Court System
Pretrial, Trial and sentencing
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Proceeding Before a Trial
• Booking– Police station for
booking– Process of making a
police record• Fingerprinted,
photographed• Sometimes;
handwriting specimens, blood, fingernail clippings, or urine
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Trial Courts
• Trial courts listen to testimony, consider evidence and decide the facts
• Adversarial system –opposing sides present evidence
• Inquisitional system-the judge is active in questioning witnesses and controlling the court process
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• Initial Appearance– Judge explains the
defendant’s rights and advise him of the charges
– Appointed or obtain an attorney
– Bail may be set– Misdemeanor
• Submit a plea
– Felonies go to grand jury
• Felony arraignment
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Bail and Pretrial Release
• By putting up bail someone arrested can be released
• Assures the return of the defendant• 8th amendment• Bail is paid directly to the court. The entire
amount or in some cases 10%– If they do not make their court date the court
keeps the money
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Eligible for Personal Recognizance
• Must promise to return
• Must be considered a good risk
• Factors to make someone a good risk– Circumstances of the offense – Defendant’s family and community ties– Financial resources– Employment background and Prior criminal
record.– Class assignment SL Pg159
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• 1.Opening statement by the Plaintiff or ___________.• 2_________ _________ by the defense.• 3Direct Examination by _______________________.• 4__________________ by Defense.• 5__________ by either side. • 6Direct examination by Defense• 7_________________________________________.• 8_________________________________________.• 9Closing statement by ________________________.• 10________________ Argument by the __________.• 11Jury ____________.• 12_________________
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Pretrial
• Preliminary Hearing- A screening device, used to determine if there is enough evidence to require a trial
• Grand Jury – group between 16-23 people charged to determine if there is enough evidence to hold a trial– Grand Jury indictment
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Felony Arraignment and pleas
• Entering a plea to the judge or grand jury• Guilty
– The judge will set a date for sentencing
• Not Guilty– Judge set a date for trial
• Nolo Contendere– No contest– Set a sentence– Not used against you in civil court
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Pretrial motions
• Motion for discovery of evidence
• Motion for a continuance, seeks more time
• Motion for change in venue, too much publicity
• Motion to suppress evidence
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The Exclusionary Rule
• Items found illegally cannot be used
• motion to suppress evidence
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Plea bargaining
• Granting concessions for a guilty plea
• Government avoids time and expense of trial
• Defendant often receives a lighter sentence
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The Trial
• Right to a Trial by jury is guaranteed in the 6th amendment
• Defendants may waive their right to a jury trial
• Jury Selection Voir Dire– Voter registration or drivers– 12 members in federal court– Must reach a unanimous verdict before
finding a person guilty
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Voir Dire-Jury Selection
• Challenge for Cause – occurs when a lawyer claims the prospective juror does not meet the government's legal requirement, or is bias– The judge then decides whether to excuse or accept
• Peremptory Challenge – no explanation from the attorney– Each side has only a limited number of these– They may not make the decision based on race or
gender
• 12 jurors are selected and then impaneled – made official
Run Away Jury Clip
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Right to a Speedy and Public Trial
• 6th amendment – some states have set time limits– If the person does not receive a “speedy” trial
the case can be dismissed– Often waived for more time to prepare their
case
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Right to Confront Witnesses
• 6th Amendment right to confront witnesses against them (cross examination)
• Right to be present can be restricted if– The defendant becomes disorderly or
disruptive– Contempt of court (removed) in extreme
circumstances the defendant can be bound and gagged
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Freedom from Self-incrimination
• The 5th Amendment – cannot be forced to testify against yourself– This can be waived, but once the defendant
takes the stand they must answer all questions
• Immunity- forced to answer all questions even those that are incriminating in exchange for immunity
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Right to an Attorney
• 6th Amendment – right to attorney in 1938 they changed it that the courts must provide you one if you cannot afford one
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Sentencing
• Once found guilty, the defendant will be sentenced by the judge (some states Jury)
• Criminal statutes generally set the basic sentencing
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The Purpose of sentencing
• Retribution- Idea of punishing a criminal ( an eye for an eye)
• Deterrence – punishment will discourage the offender from committing another crime – Serve as an example to deter others
• Rehabilitation – helping convicted persons to change their behavior
• Incapacitation – society will be protected by physically separating the criminal from the community– Parole – evaluate whether a person is rehabilitated
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Options for sentencing
• Suspended sentence- a sentence is given but the person is not required to serve it and is released with no conditions attached
• Probation – the defendant is released to the supervision of a probation officer after agreeing to follow certain conditions
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• Home confinement – sentenced to serve the term at home – leave only for work, school or doctor’s
• Fine – the defendant must pay an amount of money set by the court
• Restitution – the defendant is required to pay back or make up for whatever loss or injury was incurred by the victim of the crime
• Imprisonment – the defendant is sentenced to a term in jail or prison
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Chapter 12 (CJIA)
• Trial Procedures– 1. Jury Selection
• Prosecution and defense attorneys question prospective jurors
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People in the Court RoomPeople in the Court Room
Judge –presides over the trial – rules Judge –presides over the trial – rules on all motions madeon all motions made– At the end the judge instructs the jury At the end the judge instructs the jury – Determines the sentencing Determines the sentencing
Bailiff – deputy sheriffBailiff – deputy sheriff Court reporter –records by machine or Court reporter –records by machine or
shorthand everything said in the roomshorthand everything said in the room Prosecution Lawyer – members of the Prosecution Lawyer – members of the
city’s attorney officecity’s attorney office
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Cont.Cont. Defense lawyers- private attorneys or Defense lawyers- private attorneys or
members of publicly supported members of publicly supported organizations organizations
Defendant – person accusedDefendant – person accused Police Officers – investigate crimes and Police Officers – investigate crimes and
arrest suspectsarrest suspects Witnesses – persons asked to tell under Witnesses – persons asked to tell under
oath what they know about the caseoath what they know about the case– Expert witness – testify about their knowledge Expert witness – testify about their knowledge
and give opinionsand give opinions Jury – a panel of adult citizens who decide Jury – a panel of adult citizens who decide
the casethe case
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Instructions to the Jurors
• The judge tell the jurors the laws that apply
• Reminds them to judge solely on the evidence admitted
• Instruct the jury to find a guilty verdict ONLY if the case was proven beyond a reasonable doubt
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Jury Deliberations
• The jury leaves the courtroom and meets in a jury room to decide a verdict
• Unanimous decision is not mandatory in all criminal cases
• Most states require it anyway
• If after a reasonable time a verdict is not reached the jury becomes a “hung jury”