Chapter 8 Pretrial and Trial Procedures. Learning Objectives Summarize the bail process Discuss the...
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Transcript of Chapter 8 Pretrial and Trial Procedures. Learning Objectives Summarize the bail process Discuss the...
Chapter 8Pretrial and Trial Procedures
Learning Objectives
Summarize the bail process
Discuss the main issues associated with bail
Differentiate the 2 main mechanisms for charging defendants (grand jury indictment or prosecutor’s information)
Summarize the pleas available to a criminal defendant
Explain the issues involved in plea bargaining
Learning objectives
Describe the plea bargaining process
Explain the purpose of pretrial diversion
Describe the goals and purpose of the trial process
Explain the legal rights of the accused at trial
Summarize the trial process
Pretrial Procedures
Important components of the justice process
Vast majority of cases are resolved informally at this stage and never come before the courts
Bail
Defined:
Security provided to the court that the defendant will appear at every stage in the CJ process
Failure to appear results in forfeiture of bail is forfeited and confinement in jail until court appearance
Right to Bail:
Eighth Amendment does not guarantee bail, but prohibits excessive bail
Stack v Boyle - bail is excessive when it exceeds an amount reasonably calculated to ensure the defendant’s appearance at trial
Bail
Bail Release Mechanisms: Issues to be considered for bail eligibility:
Crime type Flight risk Dangerousness of defendant
Bail Release Mechanisms: Police field citation release Police station house citation release Police/pretrial jail citation release Direct release programs Police/court bail schedule
Bail
2/3 of all felony defendants were released on bail
1/ 2 of all violent criminals were released on bail
8% of suspected murderers released on bail
42% robbery suspects released on bail
44% motor vehicle theft release rate
49% burglary release rate
55% rape suspect release rate
Six Types of Bail
Bail
Bail Issues: Determining whether or not the defendant will
appear for trial
Discriminatory against the poor
Costly for government
Unfair – higher proportion of detainees receive longer sentences than people on bail
Dehumanizing
The decision to bail may be racially or ethnically biased
Bail
Bail Issues:
Bondsmen and County Hunters
Employed by bonding agencies to find and return bail jumpers
Have legal powers to arrest and detain which vary from state to state
Bail
Bail Reform:
Factors such as conviction and sentence disparities have given rise to bail reform movement
Manhattan Bail Project (1961)
Federal Bail Reform Act of 1966
Bail Reform Act of 1984
Bail
Preventive Detention:
Certain defendants can be confined before trial without the possibility of bail
Preventive detention is ordered if judges determine that no condition or combination of conditions will reasonably assure the appearance of the person and the safety of any other person or community
Bail
Pretrial Services:
Provide information for judges to make release decisions
Assess likelihood of defendant failing to appear or being rearrested
Monitor conditions of release or provide intensive supervision
Provide special services for mentally ill
Provide intense direct supervision
Charging the Defendant
The Indictment Process and the Grand Jury:
Power to act as independent investigating body
Contains information on findings and recommendation of indictment
Determines if probable cause exists:
Probable cause results in indictment or true bill:
No probable cause, no bill
Charging the Defendant
The Information Process and the Preliminary Hearing:
Open hearing conducted before a judge
Judge decides whether there is sufficient probable cause to believe the defendant committed the alleged crime
Charging the Defendant
Arraignment:
Occurs after the indictment but before trial
Judge informs defendant of charges and availability of counsel
Plea is entered
The Plea:
Guilty
Not guilty
Nolo contendere
Plea Bargaining
Exchange of prosecutorial and judicial concessions for guilty plea
Initial charges may be reduced
Prosecutor may promise to recommend lenient sentence
Prosecutor may alter charge
90% of criminal convictions are a result of negotiated guilty pleas
Plea Bargaining
Proponents argue the benefits:
Costs of prosecution reduced
Administrative efficiency of courts improved
Prosecution can devote more time to more serious cases
Opponents believe:
Dangerous offenders may receive lenient sentences
Prosecutors given free hand to induce or compel defendants to plea bargain
Possible that an innocent person will admit guilt if they believe system is biased and have little chance of acquittal
Plea Bargaining
Legal Issues in Plea Bargaining:
Defendants entitled to effective counsel
Pleas must be voluntary and without pressure
Any promise made by the prosecutor must be kept after defendant admits guilt
Defendants must also keep their side of the bargain to receive the promised offer of leniency
Plea Bargaining
The Role of Defense Counsel:
Advisory role
Ensure defendant understands the process and the guilty plea
Ensure defendant understands alternatives
Communicate all offers to client
The Role of the Judge:
Judges must approve plea agreements
Plea Bargaining
Plea Bargaining Reform:
Safeguards developed to ensure innocent individuals do not plead guilty under coercion
Judicial supervision ensures plea bargaining conducted in a fair manner
Banning plea bargaining
Pretrial Diversion
Diversion programs suspend criminal proceedings so that accused can participate in community treatment programs
Diversion gives the client an opportunity to: Avoid stigma of criminal record
Continue to work and support family
Continue education goals
Access rehabilitation services such as anger management
Make restitution to the victim or payback community
Reduce costs and alleviate prison crowding
The Trial
The Trial
Legal Rights During Trial: Impartial judge
Competent at trial
Confront witnesses
Compulsory process
Impartial jury
Counsel at trial
Speedy trial
Public trial
Convicted by proof beyond a reasonable doubt
The Trial
The Trial
Jury Selection:
The prosecutor and defense attorney can remove prospective jurors (under oath) by challenges known as:
Voir dire
Challenge for cause
Peremptory challenges
The Trial Process
Opening Statements: Prosecutor makes first opening statement, then
defense attorney
Statement provides an overview of the case
No prejudicial remarks, inflammatory statements, or irrelevant facts
Prosecutor’s Case: Present evidence
Call witnesses
Cross examination
Witnesses restricted to factual information
Only expert witnesses can offer opinions
The Trial Process
The Criminal Defense: Defendant under no obligation to present evidence
as burden of proof is on the prosecution
Refutes prosecution’s allegations
After the defense rests prosecution is given the opportunity for rebuttal, followed by the defense’s surrender rebuttal
Closing Arguments: Selectively review facts and evidence
Provides inferences from evidence
Cannot refer to matters not in evidence
The Trial Process
Instructions to the Jury:
Judge will instruct, or charge the jury members on the principles of law that ought to guide and control their decision on the defendant’s innocence or guilt
Deliberation and Verdict:
Guilty, innocent, hung jury, jury nullification
The Trial
The Sentence:
Usually by the trial judge but in some jurisdictions jury may impose or make recommendation
Judge considers information in pre-sentence investigation report (PSI)
Different sanctions include:
Fines
Probation
Imprisonment
The Trial
The Appeal:
Once a defendant has been found guilty, they may petition an appellate court to review the procedures used during the trial
Defendants may have two main avenues to challenge such procedures:
① Appeals
② Habeas corpus