Importance of Pretrial Procedures
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Transcript of Importance of Pretrial Procedures
Importance of Pretrial Procedures
Pretrial procedures are importantcomponents of the justice processbecause the great majority of all
criminal cases are resolved informallyat this stage and never come
before the courts.
Arrest Booking Initial
Appearance Grand Jury /
Preliminary hearing- indictment- information
Arraignment Pretrial Motions
Definition Reality of Bail
System Bail Bondsperson
Setting Bail Reforming Bail Issues
Preventive Detention
Bail and Equity Issues
Holding a defendant for trial based on a judge’s finding that, if the defendant were released on bail, he or she would endanger the safety of any other person and/or the community or would flee
Preventative Detention:
The Controversy
• Based on the notion that certain offenders will commit crime while on release
• Society has the right to be protected from future criminal acts
• It is a form of punishment which is not based on a guilty verdict and is based on something that MIGHT happen
FOR AGAINST
United States v. Salerno (1987)
• The Supreme Court held that the preventive detention act had a legitimate and compelling regulatory purpose and did not violate the due process clause.
• Preventative detention was not designed as a punishment, but to prevent danger to the community which is a legitimate societal goal.
Plea Bargaining and Trials
• Case disposition • Relationships involved• Legal issues• Pros and Cons• Reform
• Case disposition• Juries• Trial process• Evaluating the jury
system• Appeals
Pleas Trials
Plea Bargaining
90%of all
convictions
Defined: a defendant’s agreement to plead guilty with the reasonable expectation of receiving some consideration from the state for doing so
Blackledge v. Allison (1976) – Supreme Court acknowledges mutual advantage
Trial or Plea – which is best bet for a given defendant?
Players involved Incentives involved Tactics Remember Going
Rate Implicit vs. Explicit
Plea Bargaining Slow Plea – more
likely as time goes onStrength of each side’s
case: bluff or real deal?
Voluntary – Boykin v. Alabama (1969)
Prosecutors – Santobello v. New York (1971)
Defendants – Ricketts v. Adamson (1987)
Threats - Bordenkircher v. Hayes (1978)
Supreme Court on Plea Bargains
Pros and Cons of Plea BargainingPros and Cons of Plea Bargaining
Improves efficiencyReduces costsAllows concentration
on serious casesAvoids pretrial
detention and delays
Individualized justice
• Encourages defendants to waive constitutional rights
• Results in lesser sentences and sentencing disparity
• May coerce innocent to plead guilty
• Low visibility• Breeds disrespect for the
law – a “game show”
ProPro ConCon
Length of Sentence: Pleas vs. TrialsLength of Sentence: Pleas vs. Trials
Reforming Plea BargainingReforming Plea Bargaining• Make it more:
– visible– understandable– fair
• Create specific guidelines.• Require judicial supervision over the process.• Place limits on the process.• Alaska ban 1975 – no great effects• California 1982 – moves to preliminary stage
Only 5% of allcases are heardby a jury trial.
TRIALS
Prevent government oppression
Determine guilt (facts)
Represent community
Serve as buffer Educate citizens Symbolize rule
of law
In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and
district wherein the crime shall have been
committed...to be informed of the nature
and cause of the accusation; to be
confronted with the witnesses against him;
to have compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.
Sixth Amendment
The Right to Confront Witnesses
• Provides for a control over hearsay evidence and allows the veracity of witnesses to be challenged
• Helps the accused in preparation of a defense to know who will present testimony for the state
• Does not necessarily mean a face-to-face confrontation
Right to a Jury Trial
• This right is guaranteed for all serious crime - not all crime
• Constitution does not require a 12 person jury, smaller juries may be permitted
• The Sixth and Fourteenth Amendments do not mandate a unanimous verdict in all cases
The Right to Counsel at Criminal Trials
Bill of Rights6th Amendment
Powell v.Alabama
In Re Gault
FourteenthAmendment
Gideon v.Wainwright
Argersinger v.Hamlin
1791 1932 19671868 1963 1972
Right to a Speedy Trial
• Improve the credibility of the trial
• Reduce defendant anxiety
• Avoid pretrial publicity
• Avoid adverse effects on the ability to present a defense
Purposes for this guarantee include:
Time Limits for Speedy Trials
• Constitution does not specify a time limit
• Most states have adopted statutes which define reasonable limits
• Federal Speedy Trial Act of 1974– provides time limits for various stages of the
adjudication process– provision for fining defense counsels causing
delays
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
PanelPanel3030
PanelPanel3030
SelectedSelectedfor juryfor jury
1414
SelectedSelectedfor juryfor jury
1414
JuryJury1414
JuryJury1414
ChallengedChallengedor not usedor not used
1616
ChallengedChallengedor not usedor not used
1616
VoirVoirDireDire
Jury Selection ProcessJury Selection Process
Return to jury poolReturn to jury pool
Guilty plea or dismissedGuilty plea or dismissed
Guilty plea or dismissedGuilty plea or dismissed
TrialTrial
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
Jury Selection ProcessJury Selection Process
Most jurisdictions use a numberMost jurisdictions use a numberof sources for the names of potentialof sources for the names of potential
jurors. The lists are sorted and duplicatesjurors. The lists are sorted and duplicatesare discarded. The jury pool is thenare discarded. The jury pool is then
selected on a random basis. The termselected on a random basis. The termthat jury pools serve vary from jurisdiction that jury pools serve vary from jurisdiction
to jurisdiction.to jurisdiction.
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
PanelPanel3030
PanelPanel3030
Jury Selection ProcessJury Selection Process
A panel of potential jurors is randomlyA panel of potential jurors is randomlyselected for each jury trial. The size ofselected for each jury trial. The size ofthe panel may be increased dependingthe panel may be increased dependingon the possible difficulty of selecting aon the possible difficulty of selecting aqualified jury.qualified jury.
PanelPanel3030
PanelPanel3030
SelectedSelectedfor juryfor jury
1414
SelectedSelectedfor juryfor jury
1414
ChallengedChallengedor not usedor not used
1616
ChallengedChallengedor not usedor not used
1616
VoirVoirDireDire
The The voir direvoir dire is a process of selecting is a process of selecting potential jurors. Both prosecution andpotential jurors. Both prosecution and defense may object to jurorsdefense may object to jurors and challenge them and challenge them peremptorily or for cause.peremptorily or for cause.
Challenge for CauseChallenge for Cause• Purpose is to determine if someone is unfit to
serve.• Prosecution and defense want someone who is
sympathetic to their side of the case.• Judge and both sides ask questions.• Number of these challenges is unlimited.
Peremptory ChallengesPeremptory Challenges
• Enable attorneys to excuse jurors for no particular reason or for undisclosed reasons.
• Number of challenges are limited.
• Can’t be used to eliminate jurors on the basis of race, ethnicity or gender.
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens
drawn each monthdrawn each monthfrom source listfrom source list
PanelPanel3030
PanelPanel3030
SelectedSelectedfor juryfor jury
1414
SelectedSelectedfor juryfor jury
1414
JuryJury1414
JuryJury1414
ChallengedChallengedor not usedor not used
1616
ChallengedChallengedor not usedor not used
1616
VoirVoirDireDire
Jury Selection ProcessJury Selection Process
Jurors that are notJurors that are notselected are returnedselected are returnedto the pool for possibleto the pool for possibleuse on another jury.use on another jury.
Steps in a Jury TrialSteps in a Jury Trial
Prosecutors opening statementto the jury
Defense attorney’s openingstatement to the jury
Prosecutor’s presentation of evidenceand direct examination
Voir Dire
Steps in a Jury Trial
Defense attorney’s cross-examination
Defense attorney’s presentation ofevidence and direct examination
Prosecutor’s cross-examination
Steps in a Jury Trial
Defense attorney’s closing statements to the jury
Prosecutor’s closing statementsto the jury (summation)
Judge’s instructions to the jury onthe rule of law, evidence and
standards of proof
Steps in a Jury Trial
Jury deliberation and voting
Pronouncement of the verdict
Judicial sentencing
Criminal Evidence• Testimonial evidence from witnesses
• Real or physical evidence
• Circumstantial or indirect evidence
Criteria of Admissibility of EvidenceCriteria of Admissibility of Evidence• Relevancy
• Probativeness
• Nonprejudicial
• Reliability
• Legally obtained
Instructions to the Jury• Judge’s responsibility• Provides jury with information
about the law– elements of the crime
– evidence required for proof
– burden of proof required
• Improper instructionsare often the basis foran appeal
The Verdict• Guilty
– judge will normally set a date for sentencing and ask for a presentence investigation report
• Not guilty– defendant is free to leave
• Hung jury– case may be retried
Proof Beyond a Reasonable Doubt:
What Does it Mean?
Proof Beyond a Reasonable Doubt:
What Does it Mean?• A doubt of 7 1/2 on a scale of 10.• A doubt based on reason and
common sense.• Not frivolous or fanciful doubt.• Substantial doubt.• Persuasion to a moral certainty.• A doubt that would cause prudent
persons to hesitate before acting in a matter of importance to themselves.
Sentencing• Normally after review of a
Presentence Investigation Report in felony cases
• Rules applying to discretionary decisions by judges regarding the kind and severity of sentence vary among jurisdictions
• One of the most important and visible decisions by the judge
Judges v. JuriesJudges v. Juries
Judges and juries do not always evaluateJudges and juries do not always evaluateevidence in the same way. Juries oftenevidence in the same way. Juries oftenlook at the nature of the victim, the actlook at the nature of the victim, the act(e.g. self defense) and whether the (e.g. self defense) and whether the defendant took the stand.defendant took the stand.
AppealsAppeals• Most are unsuccessful.• They are based on some “legal”
contention.Issues tend to deal with the introduction andsufficiency of evidence and jury instructions.
• Homicides and other serious crimes against persons account for more than 50% of all appeals.
• Most appeals arise from cases in which the sentence is five years or less.