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Justice Chapter 10

Justice Chapter 10. Pretrial Activities and the Criminal Trial. Pretrial Activities. 1. 2. 3. 4. Criminal Trial Process. 1. 2. 3. 4. 5. 6. 7. 8. Thursday, January 10 th. Pretrial Activities. First Appearance .

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Justice Chapter 10

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  1. Justice Chapter 10 Pretrial Activities and the Criminal Trial

  2. Pretrial Activities 1. 2. 3. 4.

  3. Criminal Trial Process 1. 2. 3. 4. 5. 6. 7. 8.

  4. Thursday, January 10th Pretrial Activities

  5. First Appearance • Defendants first time at coming in contact with an officer (magistrate or lower court judge) of the court • Given formal notice of charges • Advised of their rights • Opportunity to retain a lawyer or to have one appointed to them • Opportunity for bail

  6. 48 Based off 1943 U.S. Supreme Court Case - McNabb v. U.S. max time from arrest to first appearance = ???? hours

  7. Release of an accused person from custody, for all or part of the time before or during prosecution, on his / her promise to appear in court when required. Pretrial Release • If defendant is dangerous to self or others, charged with serious crimes, and possible escapees • Held in jail until trial = pretrial detention Aspect of 1st Appearance Hearing

  8. Judge - 4 Key Factors • Seriousness of charge • Prior criminal record • Info. about defendant • Community / family ties • Employment status • Substance abuse problems • Available supervisory options if released

  9. What are your options? Bail • Most common release/detention mechanism • Two purposes • Ensure reappearance of the accused • Prevents unconvicted individual from suffering unnecessary imprisonment • Bail Bond • Document guarantees appearance of defendant in court

  10. 8th Amendment to U.S. Constitution does not guarantee the opportunity for bail but does state that “excessive bail shall not be required.”

  11. Alternatives to Bail • Release on Recognizance • Manhattan Bail Project – 1960’s • Property bond • Deposit bail (Court plays role of bail bondsman) • Conditional release • Third party custody • Unsecured bond – no monetary deposit – failure to appear result in forfeiture of entire amount of bond • Signature bond

  12. Pretrial Release and Public Safety • Defendants released before trial • _____% state level felony criminal defendants • _____% federal felony defendants • ____% defendants rearrested prior to trial • _____% arrested more than once 57 66 16 30 Danger Law – limits right to bail with certain kinds of offenders

  13. Duane “Dog” Chapman – Bounty Hunter International

  14. Grand Jury • Often 23 private citizens • Hear evidence from prosecution • Filters to eliminate further processing cases with not enough evidence • England = 1166 • Initially way of identifying law violators • Held in secret

  15. Is the defendant competent to stand trial? Preliminary Hearing • Used in place of a grand jury • Prosecutor files complaint against accused (information) • Similar to but not as complex as criminal trial • Primary purpose = give defendant opportunity to challenge legal basis for detention Tennessee & Georgia

  16. Arraignment and the Plea • First appearance of the defendant before the court that has the authority to conduct a trial • Brief – two purposes • Inform defendant of specific charges • Allow defendant to enter a plea • Plea • Guilty • Not guilty • Nolo contendere (similar to guilty plea) 315 • Stand Mute = not guilty

  17. 90% Plea Bargaining • Process of negotiation • Defendant, prosecutor, and defense counsel • Benefit to prosecutor • Additional advantage of a quick conviction without need to commit time and extra resources for a trial • Benefit to accused • Reduce / combine charges • Lessen defense cost • Shorter than anticipated sentence

  18. Eric Rudolph 315 Plea…

  19. Vocabulary… • Group of two • Enough papers for vocabulary • Create notecards…Visual on each

  20. THE CRIMINAL TRIAL • Rules of Evidence • Court rules that govern admissibility of evidence at trials • Nature and Purpose of Criminal Trial • Purpose • Determination of defendant’s guilt (factual vs. legal or innocence)

  21. Friday, January 11th Criminal Trial Process

  22. Can you convince the judge or jury that your perspective is the right one? Adversarial System Prosecution VS. Defense Who is Joe Lloyd? Pg. 427

  23. Stages of a Criminal Trial • Trial initiation • Jury selection • Opening statements • Presentation of evidence • Closing arguments • Judge’s charge to the jury • Jury deliberations • verdict

  24. Speedy Trial Act • 6th amendment – “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial” 1974 - Federal Law Requires that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment.

  25. Klopfer v. North Carolina • U.S. Supreme Court case held that the right to a speedy trial is a fundamental guarantee of the Constitution. • Duke University Professor • Civil disobedience in a protest against segregated facilities.

  26. Indictment or Information to be made within 30 days of arrest. • Trial to happen within 70 working days of indictment • May be extended up to 180 days … • Witnesses cannot be called • Defendant is not available for trial

  27. Outcome – “Common sense compels the conclusion that the 180-day period does not commence until the prisoner’s disposition request has actually been delivered to the court and the prosecutor of the jurisdiction that lodged the detainer against him. Fex v. Michigan • Indiana prisoner • 1993 • Appealed conviction of armed robbery & attempted murder charges • Claim – had to wait 196 days

  28. Jury Selection • 3 types of challenges recognized in criminal courts • Challenges to the array • Belief that the pool from which potential jurors are to be selected is not representative of the community or biased • Challenges for cause • Individual juror can’t be fair or impartial • Peremptory challenges • Right to challenge a potential juror without disclosing the reason for the challenge.

  29. Peremptory Challenges • Numerical limitation = 20 in capital cases and as few as three in minor cases • Powers vs. Idaho • Edmonson v. Leesville Concrete Co. • Georgia v. McCollum • Campbell v. Louisiana (Race and the jury factor in the above cases)

  30. Opening Statements • Initial statement of the prosecution or the defense, made in a court of law to a judge, or to a judge and jury, describing the facts that he or she intends to present during trial to prove the case.

  31. Presentation of Evidence • Types of Evidence • Direct evidence • Circumstantial evidence – requires interpretation as to what the evidence indicates • Real evidence

  32. Dying Declaration • Allows for hearsay testimony when someone knows they are dying

  33. Judge decides what evidence can be presented in a case

  34. Cases to know • Fex v. Michigan • Coy v. Iowa • Powers v. Ohio • Idaho v. Wright

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