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Pre-Trial Procedure
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Pretrial Stages
The screening process of pretrial stages
eliminates from the judicial process about halfof all the persons arrested.
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Bail and Other Methods ofPretrial Release
A bail bondor bailallows suspects or
defendants to remain free while awaiting thenext stage in the adjudication process.
It is not a fine, but an incentive to appear.
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bail bondor bail
Usually a monetary guarantee deposited with the
court that is supposed to ensure that the suspect or
defendant will appear at a later stage in the criminal
justice process.
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Bail and Other Methods ofPretrial Release
The amount of bail generally depends on:
The likelihood that the suspect or defendant
will appear in court as required
The seriousness of the crime
The suspects prior criminal record
Jail conditions and overcrowding
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Bail and Other Methods ofPretrial Release
If a judge believes that a suspect or defendant
would pose a threat to the community, the
judge can refuse to set bail. This is called
preventive detention.
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For people who cannot afford to post bail,
professional bonds people are available topost it for them for a nonrefundable fee,
typically 10% of the required amount.
Suspects who post their own bail get it all backafter they appear.
Bail and Other Methods ofPretrial Release
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Bail and Other Methods ofPretrial Release
When the crime is minor and suspects or
defendants have ties to the community, theyare generally released on their own
recognizance.
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Information
If the decision is made to prosecute a
defendant, in states that do not use grand
juries, the prosecutor drafts a document called
an information. The information outlines:
The charge or charges
The law or laws violated
The evidence to support the charge or charges
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Grand Jury
The alternative to filing an information is a
grand jury.
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grand jury
Generally a group of 12 to 23 citizens who meet in
closed sessions to investigate charges coming frompreliminary hearings or to engage in other
responsibilities. A primary purpose of the grand jury
is to determine whether there is probable cause to
believe that the accused committed the crime orcrimes.
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Grand JuryBefore appearing before a grand jury, the
prosecutor drafts an indictment.
indictment
A document that outlines the charge or charges
against a defendant.
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Grand JuryBecause the grand jury has to determine only
probable cause:
Only the prosecutions evidence and witnesses areheard
In most jurisdictions, the defendant does not havea right to be present
Prosecutors are allowed to present hearsay orillegally obtained evidence
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Grand Jury
In addition, prosecutors have the authority to
subpoena witnesses.
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Grand Jury Court may summon 200 persons for grand juryservice
Purging the grand jury
Eliminating persons who have compellingreason not to serve (family, business, health
reasons)
Actual grand jury is selected at random fromthose not initially excused.
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Grand Jury Proceedings After swearing in the grand jury, the judges chargesthe grand jury
No formal charge
A speech to members about history ofgrand jury and duties
Warning of grand jury secrecy
After the charge, the judge turns it over tothe prosecutor
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Grand Jury Secrecy Only persons present are the grand
jury members, court reporter,
prosecutor and witnesses
Defendant not present
Defense counsel not present
Witness may bring lawyer for
consultation
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Grand Jury Procedures
Grand jurors may ask questions of witnesses
After introducing evidence and witnesses, the prosecutor draws upan indictment for grand jury to consider.
Pros summarizes evidence and why supports charge.
Prosecutor leaves the grand jury for them to deliberate.
If indictment approved, foreperson signs the true-bill andindictment.
Grand jury and prosecutors then hands up the indictment.
Judge reviews
Indictment is filed as a public record
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Arraignment If judge finds probable cause atpreliminary hearing or grand jury
indicts, the next step is arraignment.
Defendant appears in court and hears the
charge and enters a plea.
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Arraignment Possible pleasNot guilty
Not guilty by reason of insanityNolo contendere (no right to plead
nolo-judge must approve)
Guilty
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Pre-Trial Motions Request by either side for judge to decidean issue before trial begins
Motion may be oral or in writing
Opposing side has opportunity to object
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Pre-Trial Motions Common pre-trial motions addressthe following:
Double jeopardySpeedy trial
Change of venue
Change of judge (recusal)Suppression of evidence
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Plea BargainingJustice in the U.S. is dispensed mostly
through plea bargaining. There are three basic
types of plea bargains: The defendant may be allowed to plead guilty to alesser offense.
A defendant who pleads guilty may receive a
lighter sentence. A defendant may plead guilty to one charge in
exchange for the prosecutors promise to dropanother charge.
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Plea BargainingThe bargain a prosecutor will strike generally
depends on three factors:
The seriousness of the offense
The defendants criminal record
The strength of the prosecutors case
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Plea BargainingThere is neither a constitutional basis nor a
statutory basis for plea bargaining.
Plea bargaining developed out of custom, but
has been upheld by the Supreme Court.
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Plea BargainingPlea bargaining is widely used because of
several factors:
It reduces uncertainty in the criminal justiceprocess.
It serves the interest of the participants
Prosecutors get high conviction rates. Judges reduce their caseload.
continued
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Plea Bargaining
Defense attorneys spend less time on each case
and avoid expensive trials.
Defendants get lighter sentences than they
might have gotten from juries, and can avoid
conviction on stigmatizing crimes such as child
abuse.
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