Ch 7
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Transcript of Ch 7
CHAPTER 7COURT PROCESS
CJ 101
2009 Pearson Education, Inc
2
PRETRIAL ACTIVITIES
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
3
First Appearance/Arraignment
Before judge:-jurisidction -charges
-rights
-lawyer
-bail
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
4First Appearance
McNabb v. U.S. (1943):
-“without unnecessary delay”
-48-72 hours
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
5
RISKS: -flight/safety
Consider: -charges/record/history/release options
Pretrial Release
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
6
Bail: -bond/pledge
Purposes: -reassure return/prevent detention
Pretrial Release
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
7
Mini trial:
-detention -charges/rights -prosecution case/not defense -Prima facie
Preliminary Hearing
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
8Plea Bargaining
-prosecution/defense/victim/judge
-guilty pleas-conviction
-90%
2009 Pearson Education, Inc
9
THE CRIMINAL TRIAL
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
10
The Nature and Purpose of the Criminal Trial:
Formalized:
-due process
-rules (formal/informal)
-guilt/innocence
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
11
Stages in a Criminal Trial
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
12
Trial Initiation and the Speedy Trial
6th Amendment:-speedy/public trial
Klopfer v. North Carolina (1967) fundamental guarantee
Baker v. Wingo (1972) violated even w/o objection
Strunk v. U.S. (1973) dismissal of all charges
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
13
6th Amendment:
-impartial /unbiased
-voir dire
Jury Selection
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
14Challenge to the Array
-pool not representative of community
-motion before voir dire
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
15Challenge for Cause
-juror not impartial/fair
-unlimited number
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
16Peremptory Challenge
-without reason
-limited
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
17Jury Selection and Race
Batson v. Kentucky (1986):
-purposeful discrimination
-violation of impartial jury
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
18
Judge:
-relative
-probative value v. inflammatory
The Evaluation of Evidence
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
19
6th Amendment:
-right to face accuser
-direct/cross
The Testimony of Witnesses
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
20
37 states: videotape
32 states: CCTV
6th Amendment
Child Witnesses
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
21
Foreperson
deliberate
verdict
laws/rules
Judge’s Charge to the Jury
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
22
Unanimous
Hung jury (deadlock)
Jury Deliberations and the Verdict
CRIMINAL JUSTICE TODAY, 10E
© 2009 Pearson Education, Inc
by Dr. Frank Schmalleger
Pearson Prentice Hall
Upper Saddle River, NJ 07458
23
ignorant of law/precedent
problems with objectivity
CSI effect
retaliation
Problems with the Jury System
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7.5
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7.5
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7.5
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7.5
7.5
Public Defende
r
Public Defende
r
Court-Assigne
dCounsel
Court-Assigne
dCounsel
Private Attorne
y
Private Attorne
y
7.5
Prosecution Prosecution Defense Defense
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7.5
Major Provisions of the Justice for All Act of 2004(The Act amends the federal criminal code to grant crime victims specified rights.)1. The right to be reasonably protected from
the accused.
2. The right to be reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
7.5
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7.5
DefenseCounselDefenseCounselProsecutionProsecution
Judges Judges SheriffsSheriffs ClerksClerks
StenographersStenographers WitnessesWitnesses
7.5
7.1
7.2What are the guidelines for determining which court
has limited jurisdiction over a crime?
What are the major pretrial proceedings?
CHAPTER SUMMARY
How do the Sixth Amendment and the Speedy Trial Act of 1974 affect a trial?
7.3
What is the basic legal philosophy of a trial in the U.S. legal system?
7.4
What are the roles of the various people involved in a criminal
trial?7.5