Criminal Justice Today

1. Criminal Justice Criminal Justice Today • Chapter 10 • Pretrial Activities and • the Criminal Trial

2. Pretrial Activities • First Appearance • At their first appearance, defendants are brought before a judge and: • Formally notified of the charges • Advised of their rights • Given the opportunity to retain a lawyer or have one appointed to represent them • May be afforded the opportunity for bail • …must be held “without unnecessary delay” (Usually 48 hours) • …may include a probable cause hearing, if arrests were made without a warrant. • …some states waive the first appearance for arrests made based on arrest warrants.

3. Pretrial Activities (cont’d) • Pretrial Release • Most defendants are given the opportunity for pretrial release. • Pretrial release decisions consider risk of flight or nonappearance in court and risk to public safety. Decisions focus on: • Seriousness of pending charges • Prior record • Information about the defendant • Available supervisory options if released • Bail- the posting of a bond as a pledge that the accused will return for court proceedings—most common pretrial release mechanism • Bail serves two purposes: • helps ensure reappearance of the accused in court. • prevents unconvicted persons from suffering imprisonment unnecessarily. *Bail can be denied when the defendant is thought to be a danger to the community

4. Alternatives to Bail • Release on Recognizance (ROR)- Defendant provides written promise to appear in court. No cash or property bond required. • Property Bond- Bail set in the form of tangible property, to become property of the court if the defendant absconds. • Deposit Bail- The court acts as bond agent. Defendant posts percentage of full amount, including an administrative fee. Entire amount forfeited if absconds. • Conditional Release- Defendant must abide by a set of imposed requirements. • Third-Party Custody- Defendant assigned to an individual or agency that promises to ensure future court appearances • Unsecured Bond- Court determines bail amount, but allows defendant to be released on “credit.” Entire amount forfeited if absconds. • Signature Bond- Written promise to appear. Used in minor offenses by arresting officer without assessment of dangerousness/likelihood of appearance.

5. Pretrial Activities (cont’d) • Grand Jury • Used by the federal government and about half of the states, grand juries: • are made of private citizens (often 23). • hear evidence only from prosecutors. • are held in secret, and generally the defendant is not there. • serve as filters to eliminate cases without sufficient evidence. • move a case forward if the majority of grand jurors agree on an indictment. • Preliminary Hearing • States that do not use grand juries rely on preliminary hearings: • They give the defendant an opportunity to challenge the legal basis of his detention. • A lower court judge summarizes the charges and reviews the rights of criminal defendants. • Competency to stand trial may be determined. • They have many of the same characteristics as a trial.

6. Pretrial Activities (cont’d) • Arraignment and the Plea • Arraignment is the first appearance before the court with authority to try the case. • Two purposes: • Inform suspect of specific charges • Allow defendant to enter a plea • Types of pleas: • Guilty • Not guilty • Nolocontendere- “no contest”—immediately convicted—the plea does not admit guilt • Plea Bargaining- the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. • circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. • maybe withdrawn with the consent of the court • Negotiated pleas are guilty pleas and result in conviction • Approximately 90% of criminal cases are plea bargained

7. The Nature and Purpose of the Criminal Trial: • The trial process is highly formalized and governed by rules of evidence and other procedural guidelines, as well as informal rules and professional expectations. • The purpose is to determine the defendant’s guilt or innocence. • Factual guilt- defendant is actually responsible for the crime of which he is accused. • Legal guilt - defendant is found guilty in court as charged.

8. Eight Stages in a Criminal Trial • There are eight stages of a criminal trial. • Trial initiation • Jury selection • Opening statements • The presentation of evidence • Closing arguments • The judge’s charge to the jury • Jury deliberations • The verdict

9. Rate of Case Dispositions Resulting from Trial Has Remained Stable over Time 90% Of All Convictions Are Result of Guilty Pleas Of All Cases Go to Trial

10. Pretrial Activities • Trial Initiation (Speedy trial requirements) • Jury Selection (use of challenges) • Opening Statements • Prosecution • Defense • Presentation of Evidence • Prosecution • Defense • Verdicts • Jury Deliberation • Judge’s Charge to the Jury • Closing Arguments • (order may vary)

11. Eight Stages in a Criminal Trial • Trial Initiation: Sixth Amendment guarantees that in “all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” • The Speedy Trial Act- Prosecution must seek indictment or information within 30 days of arrest. • Trial must begin within 70 days after indictment. • Trial start can extend to 180 days if the defendant is not available or if witnesses cannot be called within the 70 day limit. • Barker v. Wingo(1972)- 6th Amendment can be violated even if the defendant does not object to delays. • Strunk v. U.S. (1973)- Denial of a speedy trial should result in dismissal of all charges. • U.S. v. Taylor (1988)-when delay is the result of actions by the defendant, the 70 day rule does not apply. • Doggett v. U.S. (1992)-“Even delay occasioned by the Government’s negligence creates a prejudice that compounds over time, and at some point, as here, becomes intolerable.”

12. Eight Stages in a Criminal Trial (cont’d) • Jury Selection- Sixth Amendment guarantees the right to an impartial jury. • Jurors are expected to be unbiased and free of preconceived notions about guilt or innocence. • Prosecution and defense attorneys question potential jurors during the process of voir dire. • Both the prosecution and defense can use challenges to remove prospective jurors from jury pool. • Challenge to the array- claims that the pool from which potential jurors are to be selected is not representative of the community. • Challenge for cause- claims that a prospective juror cannot be impartial or fair. Typically, each side has an unlimited number of such challenges. • Peremptory challenge- remove potential jurors without the need to give a reason. • Typically, each side has a limited number of such challenges. *Race alone cannot provide the basis for jury selection, and juries may not be intentionally selected for racial balance Sequestered—isolated from the public during the course of a trial and throughout the deliberation process.

13. Eight Stages in a Criminal Trial (cont’d) • Opening Statements- the initial statements of the attorneys, describing the facts that he or she intends to present during trial to prove the case. • Presentation of Evidence- prosecution presents its evidence first–then the defense • Evidence—anything useful to a judge or jury in deciding the facts of a case. • Types of Evidence • Direct evidence- Facts that need not be interpreted (photographs, testimony) • Circumstantial evidence- Requires judge or jury to make inferences or draw conclusions • Real evidence- Physical material or traces of activity, introduced by means of “exhibits” (weapons, tire tracks, fingerprints) • *Judges decide which evidence can be presented to the jury. • Evidence must be relevant. • The probative value must be weighed against the potential inflammatory or prejudicial qualities of the evidence (gory color photos are sometimes withheld)

14. Witnesses • Testimony—oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists. • Witnesses must be competent to testify. • The defendant has the 5th Amendment right not to take the stand. • Witnesses are subject to direct and cross examination. • Witnesses who lie under oath commit perjury. • Children as Witnesses- 37 states allow the use of videotaped testimony while 32 states allow the use of closed circuit television

15. The Hearsay Rule • Hearsay- anything that is not based on the personal knowledge of a witness. • The hearsay rule prohibits the use of “secondhand evidence” • Exceptions to the hearsay rule: • Dying declarations • Spontaneous statements • Certain out-of-court statements • Ex. 911 tapes may be allowed, unless the person is alive and in good health and can take the stand for questioning and cross-examination.

16. Eight Stages in a Criminal Trial (cont’d) • Closing Arguments- At the conclusion of the trial, both sides provide the jury with closing arguments—a narrative summation of a case presented to a judge or jury. • Judge’s Charge to the Jury • After closing arguments, the judge charges the jury to: • Select a foreperson • Deliberate • Return with a verdict • Judge may remind juries of statutory laws and requirement of impartiality • Jury Deliberations and the Verdict • Deliberations may take minutes; some take weeks. • Many jurisdictions require a unanimous verdict. • Some juries are unable to reach a verdict. These deadlock juries are called hung juries.

17. Problems with the Jury System • Many jurors are ignorant of the law and legal precedent. • Some jurors personal opinions, biases, and emotions interfere with objectivity. • Some jurors fear personal retaliation.