Intro to cj ch 8 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 8: Courtroom Participants and the Trial



8.1

8.2

8.3

8.4

Describe the jurisdiction of the courts.

Describe pretrial proceedings and the process of developing

charges for the arraignment hearing.

Summarize the purpose of bail and the various forms of bail.

Summarize the process of plea bargaining.

Explain the right to a speedy trial.

Describe the participants and the process of the criminal trial.

8.5

8.6

CHAPTER OUTCOMES



8.1 Describe the jurisdiction of the courts.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



Jurisdiction8.1

The authority of the court to try a case.

Usually jurisdiction is established when somepart of the crime was committed within the geographic jurisdiction of the district court.



Municipal or County Law8.1Courts of limited jurisdiction handle

misdemeanor crimes, violations of criminal traffic laws, and lesser offenses.

• Trial is an informal process where a police officer and the defendant come before the judge.

• The police officer describes the crime, the defendant has an opportunity to defend himself or herself, and the judge determines the guilt or innocence and the punishment.



State Law8.1

State Court of Limited

JurisdictionIf the offense is a

misdemeanor

State Court of General

JurisdictionIf the crime is a felony



Federal Law8.1

Federal Magistrate

CourtIf the offense is a

misdemeanor

Federal District CourtIf the crime is a felony



Double Jeopardy8.1Double jeopardy, which is the act of trying a person twice for the same offense, is prohibited by the Fifth Amendment of the Constitution.

•If the crime is a violation of both state and federal laws, the defendant may be tried in either or both courts.•This is not double jeopardy because the crime is considered a separate offense in each jurisdiction.



8.2Describe pretrial proceedings and the process of developing charges for the arraignment hearing.




Pretrial Proceedings8.2

• Due process has been interpreted to mean that the government must present evidence to an impartial judicial body that a crime has been committed and that there is reasonable belief the person accused committed the crime.

• Prosecutorial discretion is when the prosecuting attorney decides if he or she wants to proceed with the case, drop it, or reduce the charges.



Pretrial Proceedings8.2• In major felony cases in which the prosecutor

and law enforcement officers work together, the prosecutor may use the grand jury to obtain an arrest warrant rather than have the police arrest the suspect on probable cause.

• The grand jury process allows the prosecutor to obtain multiple arrest warrants without disclosing this fact to the public or the defendants.



Preliminary Hearing8.2

• This is sometimes referred to as the "probable cause" hearing.

• The judge will take an active role in questioning the prosecution and defendant.



Preliminary Hearing8.2

• It is the prosecution's responsibility to convince the judge that there is probable cause to believe that (1) a crime has been committed, and (2) the defendant committed the crime.

• The defense counsel can challenge the evidence.

• The judge determines whether the case should be dismissed or whether the defendant should be arraigned.



Various Pretrial Motions8.2

Motion for continuance

Motion for change of

venue

Motion for suppressi

onMotion for discovery

Motion for dismissal

Motion for a bill of particulars

Motion forseverance ofcharges ordefendants



8.3 Summarize the purpose of bail and the various forms of bail.




The Purpose of Bail8.3• In the U.S. criminal justice system, bail is a

system of pretrial release of the accused in a criminal proceeding based on a guarantee by the accused— or a bail bonds agent—that the accused will appear in court as required.

• Bail bonds agent is an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant's return to court.



The Purpose of Bail8.3• The Eighth Amendment does not guarantee a

right to bail, but the protection against excessive bail.

• The Supreme Court has declared that excessive bail must be based on standards relevant to guaranteeing that the defendant will not take advantage of his or her freedom and flee prior to the trial.



Alternatives to Cash Bond8.3

Release onRecognizanc

eConditional

ReleaseUnsecured

BondSignature

Bond

To secure the pretrial release of the accused based merely

on thedefendant's unsecured promise to

appear at trial

A bail alternative in

which the defendant is

released from custody if he or she agrees to court-ordered

terms andrestrictions

A bond that releases the

defendant based on his or her

signing a promissory note agreeing to pay

the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial

A bond thatreleases the defendant

based on his or her signature

on a promise to appear in court,

usually for minor offenses such as traffic

violations



8.4 Summarize the process of plea bargaining.




Plea Bargaining8.4

A pretrial activity that involves the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit, such as reduction of charges or dismissal of some charges.



Reasons for Plea Bargaining8.4• One reason for a plea deal is that preparation

for trial is a time consuming and costly endeavor, so the prosecutor's office must select which defendants to take to trial and to which defendants to offer plea bargains.

• In deciding whether to offer or accept a plea to a lesser charge, the prosecutor must make an important professional decision as to how to best serve community interests with the limited departmental resources.



Reasons for Plea Bargaining8.4• One of the reasons the prosecutor may offer a

plea bargain to a career criminal is for the purpose of clearing cases – getting a defendant to confess to multiple crimes even though they will not be charged with all of them, the cases are cleared.

• Finally, the prosecutor might not be completely confident of the evidence or witnesses.



Plea Bargaining and Sentence Bargaining8.4• Plea bargaining can be initiated by the

prosecuting or defending attorney at many different points in the criminal justice process up until the jury renders a verdict.

• In sentence bargaining, the defendant seeks leniency.



Plea Bargaining and Sentence Bargaining8.4• Sentence bargaining is negotiating with the

prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea.

• Trial penalty is when sentences for people who go to trial have grown harsher relative to sentences for those who agree to a plea.



8.5 Explain the right to a speedy trial.




Right to a Speedy Trial8.5• For a case to come to trial, it must be placed on the

court docket , or calendar.

• The Sixth Amendment of the Constitution guarantees that defendants will receive a speedy trial, but the Constitution does not define what constitutes "speedy."



Right to a Speedy Trial8.5• The statute of limitations is the length of time

between the discovery of the crime and the arrest of the defendant.

• The Speedy Trial Act of 1974 requires a specific deadline between arrest and trial in federal courts.



Landmark Court Cases 8.5

Klopfer v. North CarolinaRequires states to grant

defendants a speedy trial

Barker v. Wingo

The defendant's failure to request a speedy trial

does not negate thedefendant's right to a

speedy trial



8.6 Describe the participants and the process of the criminal trial.




Rules of Evidence8.6• Rules of evidence are procedural laws or

administrative rules that influence law enforcement and court practices.

• Rules of evidence define how the trial will be conducted, how evidence will be introduced, how the parties to the trial will act, and what the order of the proceedings will be.



Rules of Evidence8.6• Each state court and the federal courts have

different rules of evidence.

• A bench trial is a trial in which the judge rather than a jury makes the determination of guilt.



The Judge8.6• The Judge is a central figure in the trial and is

a neutral party.

• The judge determines what evidence can be presented at the trial, which witnesses can testify and about what, and when there will be courtroom breaks.

• The judge has authority over courtroom personnel, attorneys, the jury, members of the media, and the public in the courtroom.



The Judge8.6• Contempt of court is a charge against any

violator of the judge's courtroom rules, authorizing the judge to impose a fine or term of imprisonment.

• A gag order is a judge's order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcasted, or discussed publicly.



The Defense Attorney8.6

• In any criminal trial in which the maximum punishment exceeds six months in prison, the defendant is entitled to a jury trial and the right to be represented by an attorney.

• In rare cases, the defendant may choose not to have a defense attorney but to represent himself or herself.



Two Types of Defense Attorneys8.6

Private Defense

AttorneysThe defendant may hire

any defense attorney registered to practice

law before the court and as many private defense attorneys as he or she

can afford.

Public Defenders

If the defendant cannot afford to hire a private defense attorney, the court will appoint and pay for an attorney to

represent the defendant.



Duties and Participants8.6• The court reporter, also called the court

recorder, transcribes every word spoken by the judge, attorneys, and witnesses during the trial.

• The defendant is the person accused of committing a crime in a criminal case.



Duties and Participants8.6• The prosecutor is not an employee of the

court, but does represent the government.

• The prosecutor brings charges against the defendant, gathers evidence necessary to prosecute the defendant, and presents evidence at trial.

• The prosecutor's primary goal is not to convict the defendant but to see that the person who committed the crime is brought to justice and to demonstrate to the court that the evidence supports a conviction beyond a reasonable doubt.



Two Types of Witnesses8.6

Lay WitnessesThey can testify to what

they saw, heard, felt, smelled, or otherwise directly experienced. Lay witnesses cannot

provide testimony as to the motivation of the

defendant.

Expert WitnessesThey can testify

regarding conclusions or hypothetical questions

based on scientific certainty, the cause of

death, or the identity of an unknown substance

that was tested.



Jury and Jury Service8.6• The jury decides if the evidence and witnesses

prove beyond a reasonable doubt the guilt of the defendant. This is an awesome responsibility, and it is given to 12 lay persons. The jury hears evidence from the prosecution and the defense and decides which is more credible.

• The Constitution requires that defendants be tried by a jury of their peers and does not require a jury of 12 people.



Jury and Jury Service8.6• Jurors are citizens required by law to perform

jury duty. The court wants jurors who are fair, competent, and able to serve.

• Major challenges for the court include selecting a fair and competent jury and deciding whether excuses given by citizens who do not want to serve on the jury are legitimate.



The authority of a court within a specific geographic jurisdiction to conduct a trial is called jurisdiction.

Cases involving violations of federal law are heard in district court. Misdemeanor violations of state laws are heard in courts of limited jurisdiction, whereas felonies trials are held in state courts of general

jurisdiction.

Law enforcement and the prosecution are autonomous criminal justice agencies, but in most

cases, they work together to determine the charges to be brought against the defendant. The

Constitution requires that before trial, a defendant must be informed of the charges brought against him

or her. The defendant is arraigned in a federal or state court that will have jurisdiction over the case.

Prior to trial, a judge establishes the defendant's competency to stand trial.

8.1

8.2

CHAPTER SUMMARY



The Eighth Amendment of the Constitution recognizes the concept of bail and the fact that bail should not be excessive. Knowing that a cash bail system might

discriminate against the poor, the judiciary has established alternatives to cash bonds. These

alternatives involve a release on recognizance (ROR), a signature bond, and a conditional release.

8.3

The prosecutor's office has the responsibility for trial preparation and bears the costs associated with gathering evidence, interviewing witnesses, and

overseeing other pretrial arrangements. Plea bargaining plays an essential role in saving the courts

time and money. Plea bargaining can focus on a reduction in the charges or the defendant's length of

sentence.

8.4

CHAPTER SUMMARY



The Sixth Amendment provides that a defendant will receive a speedy trial, but the Constitution does not

define what time frame constitutes a speedy trial. The Supreme Court has ruled that delays caused by the defendant, such as requests for postponement and

claims related to competency to stand trial, cannot be considered denial of a speedy trial.

8.5

Rules of evidence direct the process of the criminal trial. If a rule of evidence is violated, the prosecutor or the defense attorney can appeal the case. If the judge believes that the prosecutor or the defense attorney has violated a professional standard of

conduct during trial, the judge can impose a fine or term of imprisonment for contempt of court. In a

bench trial, the judge determines the verdict. Bailiffs provide courtroom security for trials. A jury trial uses

citizens who determine the guilt of the defendant, not the judge.

8.6

CHAPTER SUMMARY

Intro to cj ch 8 ppt

Law

Transcript of Intro to cj ch 8 ppt