1 / 10

Chapter 13

Chapter 13. Criminal Justice Process: Proceedings Before Trial . Booking and Initial Appearance . Booking: the formal process of making a police record of the arrest. Within a limited time after arrest, the accused must appear before a judge.

tegan
Download Presentation

Chapter 13

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 13 Criminal Justice Process: Proceedings Before Trial

  2. Booking and Initial Appearance • Booking: the formal process of making a police record of the arrest. • Within a limited time after arrest, the accused must appear before a judge. • Judge explains chargers and decides whether or not to set bail. • Misdemeanor: enters into a plea at that time • Felony: does not enter a plea until • Arraignment: where the accused enters a plea

  3. Bail and Pretrial Release • Bail: money or property put up by the accused or his or her agent to allow release from jail before trial • Purpose is to assure the court that the defendant will return for trial. • Usually 10% of total bond can be put up • Personal Recognizance: defendant must promise to show up for trial and must be considered a low risk of failing to show up. • Basically, if the judge doesn’t think you’re gonna skip town, he/she will let you go.

  4. Information • Information: prosecuting attorney’s formal accusation of the defendant, detailing the nature and circumstances of the crime.

  5. Preliminary Hearing • Preliminary hearing: used in a felony case to determine if there is enough evidence to require the defendant to go to trial. • Prosecutor must prove that a crime has been committed and that the defendant probably did it.

  6. Grand Jury • Grand jury: a group of 16 to 23 charged with determining whether there is sufficient cause to believe that a person has committed a crime and should be made to stand trial. • Indictment: formal charge of criminal action.

  7. Video

  8. Pretrial Motions: The Exclusionary Rule • Pretrial motion: Action before the trial • Motion for discovery of evidence: Request by the defendant to examine, before trial, certain evidence in the possession of the prosecutor. • Motion for a continuance: Seeks more time to prepare for case • Motion for change of venue: change location to avoid hostility, for convenience, etc. • Motion to suppress evidence: Requesting that certain evidence not be presented in trial. • **Think back to the exclusionary rule**

  9. Plea Bargaining • Most criminal cases never go to trial • Defendant pleads guilty before trial. • Negotiation between the accused, the defense attorney, and the prosecutor. • Known as plea bargaining.

More Related