Pre Trial Procedure (1)

8/13/2019 Pre Trial Procedure (1)

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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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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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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.



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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.

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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.

Pre Trial Procedure (1)

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