Trial procedures
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Trial procedures

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From arrest to appeal,

From arrest to appeal,

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Trial procedures Trial procedures Presentation Transcript

  • Trial Procedures From arrest to appeal
  • Trial Procedures Outline
    • Arrest
    • Booking and Bail
    • Arraignment
    • Discovery
    • Preliminary hearing or Grand Jury
    • Prosecutor “information” or Grand Jury “indictment”
    • Plea bargaining
    • Trial
    • Jury verdict
    • Sentencing
    • Appeal
  • ARREST A person is deprived of their freedom.
  • ARREST Rights of an arrested person are found in the 5 th , 6 th , and 8 th amendments of the U.S. Constitution
  • 5 th amendment The police and the prosecutor are trying to convict you. You are not required to help them.
  • 6 th amendment
    • Informed of the nature and cause of the accusation
    • Speedy and public trial
    • Impartial jury
    • Assistance of counsel
    • Confront witnesses
  • 8 th amendment No excessive bail No excessive fines No cruel or unusual punishment
  • ARREST Rights of an arrested person: Cannot be forced to be a witness against themselves .
  • ARREST Rights of an arrested person: Cannot be deprived of life, liberty, or property without due process of law.
  • ARREST
    • Rights of an arrested person:
    • Know the charges
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
    • Use the telephone
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
    • Use the telephone
    • Bail
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
    • Use the telephone
    • Bail
    • Have an attorney during questioning
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
    • Use the telephone
    • Bail
    • Have an attorney during questioning
    • Fair trial
  • ARREST
    • Rights of an arrested person:
    • Know the charges
    • Names of arresting officer(s)
    • Remain silent
    • Use the telephone
    • Bail
    • Have an attorney during questioning
    • Fair trial
    • Presumed innocent
  • BOOKING AND BAIL
  • BOOKING AND BAIL
    • Arrested person brought to jail
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • “ Booking” is the jail intake procedure
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
      • Fingerprinted
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
      • Fingerprinted
      • Mug shot
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
      • Fingerprinted
      • Mug shot
      • Check for warrants
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
      • Fingerprinted
      • Mug shot
      • Check for warrants
      • Data entered into computer system
  • BOOKING AND BAIL
    • Arrested person brought to jail
    • Booking
      • Searched for weapons
      • Personal belongings catalogued and retained
      • Fingerprinted
      • Mug shot
      • Check for warrants
      • Data entered into computer system
      • Bail set
  • 6 ways to get out of jail while waiting for your court date:
    • Cash bail
    • Surety bail
    • Property bond
    • Custody of your parents (for juveniles)
    • O.R.
    • Release on citation (“Cite Out”)
  • BOOKING AND BAIL
    • After booking, the arrested person may not have to stay in jail until their trial.
    • They may be released on “bail”.
  • BAIL
    • Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial.
  • BAIL
    • Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial.
    • Bail amount is different for different crimes.
  • BAIL
    • Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial.
    • Bail amount is different for different crimes.
      • (see Felony and Misdemeanor Bail Schedule )
    http://www.saccourt.ca.gov/criminal/docs/felony-misdemeanor-bail-schedule.pdf
  • BAIL
    • Two major types of bail:
      • Cash Bail
      • Surety Bail Bond
  • CASH BAIL
    • Someone pays the entire amount of the bail in cash , for example $50,000
  • CASH BAIL
    • Someone pays the entire amount of the bail in cash , for example $50,000
    This $50,000 will be kept by the court if the accused does not return to court for all of his/her court dates until the conclusion of the case.
  • CASH BAIL
    • Someone pays the entire amount of the bail in cash , for example $50,000
    This $50,000 will be kept by the court if the accused does not return to court for all of his/her court dates until the conclusion of the case. If the accused returns to all court dates, the $50,000 is returned to the person who submitted it.
  • BAIL
    • Two major types of bail:
      • Cash Bail
      • Surety Bail Bond
  • SURETY BAIL BOND
    • If you don’t have $50,000 in cash, you can get a bail bond agency to pay it for you…
  • SURETY BAIL BOND
    • Someone pays a bail bond agency 10% of the bail and gives the bail bond agency ownership of some collateral for the rest of the bail.
  • SURETY BAIL BOND
    • Someone pays a bail bond agency 10% of the bail and gives the bail bond agency ownership of some collateral for the rest of the bail.
    Collateral:
  • SURETY BAIL BOND
    • The bail bond agency pays the entire bail for you.
    • You get out of jail.
  • SURETY BAIL BOND
    • If you show up for all your court dates, the person who put up the collateral gets ownership of the collateral back from the bail bond agency.
    Collateral:
  • SURETY BAIL BOND
    • They never get their money back from a bail bond agency.
  • SURETY BAIL BOND
    • They never get their money back from a bail bond agency.
    • The 10% belongs to the bail bond agency.
  • SURETY BAIL BOND
    • They never get their money back from a bail bond agency.
    • The 10% belongs to the bail bond agency.
    • It is their way of making a living.
  • PROPERTY BOND
    • Rarely used in Sacramento County
    • The court puts a lien on the arrestee’s house
    • If arrestee does not appear in court, the house is sold at auction.
  • PARENT CUSTODY
    • If you are under 18 years old, you can be released to the custody of your parents or legal guardian.
    There is no “bail” for juveniles in Sacramento County.
  • O.R.
    • You may not have to stay in jail until your trial.
    • At your arraignment (your first time in front of a judge), you may be released on your “own recognizance”, nicknamed “ O.R. ”
  • O.R.
    • You or your attorney asks the judge to release you from jail on your own recognizance
      • You promise to return to court on your trial date
      • Judges look at
        • Whether the you pose a threat to public safety
        • The seriousness of the crime
        • Your criminal history
        • Your “flight risk”
      • You are trusted to return to court on your court date.
  • CITATION RELEASE “CITE OUT”
    • Instead of being arrested (for trespassing, for example) the police may just give you a “citation” (a ticket) telling you to pay a fine or appear in court.
    • You are immediately “released”.
  • 6 ways to get out of jail while waiting for your court date:
    • Cash bail
    • Surety bail
    • Property bond
    • Custody of your parents (for juveniles)
    • O.R.
    • Release on citation (“Cite Out”)
  • Charge/Warrant Request After booking and bail it set, police fill out a charge/warrant request and send it to the District Attorney’s office to start the prosecution.
  • COMPLAINT
    • The district attorney’s office takes the police charge and creates a “complaint”
    • A complaint is a piece of paper that shows what crimes you are accused of.
  • ARRAIGNMENT A court proceeding. (First time in front of a judge in a courtroom)
  • ARRAIGNMENT If in custody , must happen within 2 court days of your arrest
  • ARRAIGNMENT If you are bailed out of jail , may be weeks after your arrest.
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
    • Attorney assigned
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
    • Attorney assigned
    • No witnesses or evidence; no arguments
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
    • Attorney assigned
    • No witnesses or evidence; no arguments
    • Released on “O.R.” ( O wn R ecognizance) or bail is set, adjusted, or revoked.
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
    • Attorney assigned
    • No witnesses or evidence; no arguments
    • Released on “O.R.” ( O wn R ecognizance) or bail is set, adjusted, or revoked.
    • Enter a plea of guilty, not guilty or no contest.
  • PLEAS Guilty Not Guilty No Contest
  • PLEAS
    • Guilty means you admit you did exactly what the complaint says you did and that you’re ready to receive your punishment.
  • PLEAS
    • Not Guilty means you deny that you did what the complaint says you did.
  • PLEAS
    • No contest means you are not admitting guilt, but you are allowing the court to punish you without defending yourself.
    http://www.people.com/people/article/0,,1567608,00.html
  • NO CONTEST PLEA
    • A no contest plea in a misdemeanor case , cannot be used against you as an admission of guilt in a civil trial for your conduct.
    • Here’s an example…
  • CRIME
    • You drive recklessly, smash into another car and kill the other driver.
    • The government charges you with misdemeanor manslaughter.
  • CRIME
    • You drive recklessly, smash into another car and kill the other driver.
    • The government charges you with misdemeanor manslaughter.
    LAW SUIT You drive recklessly, smash into another car and kill our father. We are suing you for the money he would have earned for us.
  • CRIME
    • You drive recklessly, smash into another car and kill the other driver.
    • The government charges you with misdemeanor manslaughter.
    LAW SUIT You drive recklessly, smash into another car and kill our father. We are suing you for the money he would have earned for us. Guilty here…
  • CRIME
    • You drive recklessly, smash into another car and kill the other driver.
    • The government charges you with misdemeanor manslaughter.
    LAW SUIT You drive recklessly, smash into another car and kill our father. We are suing you for the money he would have earned for us. Guilty here… Responsible here.
  • NO CONTEST PLEA
    • A no contest plea in a misdemeanor case , cannot be used against you as an admission of guilt in a civil trial for your conduct.
  • ARRAIGNMENT
    • First appearance before a judge
      • Charges explained (Charging document = complaint )
    • Advised of rights
    • Attorney assigned
    • Plea bargain?
    • No witnesses or evidence; no arguments
    • Released on “O.R.” ( O wn R ecognizance) or bail is set, adjusted, or revoked.
    • Enter a plea of guilty, not guilty or no contest.
  • ARRAIGNMENT--Melissa Huckaby http://www.youtube.com/watch?v=89PSY7vUZNM
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
      • Sending out interrogatories (written questionnaires)
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
      • Sending out interrogatories (written questionnaires)
      • Ordering lab tests on physical evidence
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
      • Sending out interrogatories (written questionnaires)
      • Ordering lab tests on physical evidence
      • Ordering medical examinations
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
      • Sending out interrogatories (written questionnaires)
      • Ordering lab tests on physical evidence
      • Ordering medical examinations
      • Ordering mental examinations
  • DISCOVERY
    • Both sides get time to “discover” the truth by:
      • Conducting depositions (interviewing witnesses face-to-face under oath)
      • Sending out interrogatories (written questionnaires)
      • Ordering lab tests on physical evidence
      • Ordering medical examinations
      • Ordering mental examinations
      • Obtaining documents (subpoena, if necessary)
  • SUBPOENA
    • A court order for a person to arrive at a certain place at a certain time
    • A court order to supply documents
  • SUBPOENA
  • DEPOSITION
  • DEPOSITION The sworn testimony of a witness…
  • DEPOSITION Court Reporter
  • DEPOSITION Witness Court Reporter
  • DEPOSITION Court Reporter Witness Witness’ Attorney
  • DEPOSITION Court Reporter Witness Witness’ Attorney Opposing Attorney (Questioner)
  • DEPOSITION—Tupac (3min clip) http://www.youtube.com/watch?v=9DBAcZpY90k
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
    • witness is placed under oath
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
    • witness is placed under oath
    • questions and answers are recorded
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
    • witness is placed under oath
    • questions and answers are recorded
    • lawyers for one party may ask questions
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
    • witness is placed under oath
    • questions and answers are recorded
    • lawyers for one party may ask questions
    • If the witness is unavailable to testify at trial, the deposition of that person may be used
  • DEPOSITION
    • The sworn testimony of a witness…
    • taken before trial, usually in a lawyer’s office
    • not testimony taken in a courtroom
    • no judge present
    • witness is placed under oath
    • questions and answers are recorded
    • lawyers for one party may ask questions
    • If the witness is unavailable to testify at trial, the deposition of that person may be used
    • Part of the pre-trial “discovery” (fact-finding) process
  • DEPOSITION—Cindy Anthony (3min clip) http://www.youtube.com/watch?v=uG-bUi5QFl4
  • INTERROGATORIES
  • INTERROGATORIES
    • Written questions to the other party
      • (NOT to a third party)
    • A way to “discover” the truth before a trial
    • Written responses to an interrogatory are given under oath and can be used in court
    Interrogatory 1: Please identify all persons known to you to have personal knowledge of the facts pertaining to the occurrence, and indicate those who were eye witnesses, and state the substance of their knowledge and articulate their expected testimony.
  • PRELIMINARY HEARING or GRAND JURY
  • PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
  • PRELIMINARY HEARING
    • In Sacramento County, only for felony cases
      • Not for misdemeanor cases
  • PRELIMINARY HEARING
    • Happens within 14 days of the arraignment.
  • PRELIMINARY HEARING
    • Lawyers, witnesses, evidence, and a judge
  • PRELIMINARY HEARING
    • No jury at a preliminary hearing
  • PRELIMINARY HEARING
    • Prosecutor presents enough evidence to convince the judge that a crime probably took place and the defendant probably did it.
  • PRELIMINARY HEARING
    • Judge decides if the defendant should be:
    • “ bound over” for trial
    • case should be dismissed
    • charge should be reduced to a misdemeanor.
  • PRELIMINARY HEARING REVIEW
    • In Sacramento County, only for felony cases
      • Not for misdemeanor cases
    • Happens within 14 days of the arraignment
    • Lawyers, witnesses, evidence, and a judge
    • No jury at a preliminary hearing
    • Prosecutor presents enough evidence to convince the judge that a crime probably took place and the defendant probably did it.
    • Judge decides if the defendant should be “bound over” for trial or the case should be dismissed, or the charge should be reduced to a misdemeanor.
  • 2 nd ARRAIGNMENT
    • If the case is “bound over”, the defendant is again arraigned (given formal notice of the charges against him or her).
    The charging document is now called an Information .
  • An INFORMATION
    • A piece of paper prepared by the prosecutor’s office that contains the charges that will be used in a court jury trial.
  • An INFORMATION
  • An INFORMATION
  • PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
  • Grand Jury
  • Grand Jury Each county in California has one grand jury (consisting of 11 to 23 people).
  • Grand Jury Sacramento County’s Grand Jury has 19 people (and 11 alternates)
  • Grand Jury The same 19 people (and 11 alternates) work on all Grand Jury cases for a one-year term.
  • Grand Jury
    • They are ordinary citizens.
    • They don’t have to have any experience with the law.
  • Grand Jury The members of the Grand Jury volunteer to work for one year (no pay).
  • To be on the Grand Jury , you need to:
    • Be 18 years old
    • Be a citizen of Sacramento County
    • Not be a felon
    • Read and speak English
    • YOU can volunteer to be on Sacramento County’s Grand Jury (a very good idea if you’re serious about a career in law).
  • Grand Jury Citizens apply for a position online in January and, if selected, take a seat on the Grand Jury from July 1 to June 30. www.SacGrandJury.org
  • Let’s watch 3 short news stories that involve Sacramento County’s Grand Jury …
  • http://www.youtube.com/watch?v=H5XfOxQ0rtk (2:16)
  • http://www.youtube.com/watch?v=UPHTAn3hRvY (2:01)
  • http://www.youtube.com/watch?v=j8Er9-z6_fM (1:57)
  • Here’s a 13-minute introduction to Sacramento County’s Grand Jury…
  • www.SacGrandJury.org (13:00)
  • Grand Jury
    • Two duties:
    • Investigate public officers, offices and transactions within the county.
  • Grand Jury
    • Two duties:
    • Investigate public officers, offices and transactions within the county.
      • For example, the Sacramento County Grand Jury investigated the Sacramento County Library Authority because a library employee said there was some funny business going on with money paid to maintenance contracts.
  • Grand Jury
    • Two duties:
    • Investigate public officers, offices and transactions within the county.
    • Consider criminal matters brought by the District Attorney to determine if sufficient evidence exists to support the case going to trial (just like a Preliminary Hearing does, except the Grand Jury meets in secret—not open to the public).
  • Grand Jury If the Grand Jury finds that there is enough evidence to have a trial, they create a charging document called an Indictment .
  • An INDICTMENT
    • A piece of paper prepared by the Grand Jury that contains the charges that will be used in a court jury trial.
  • An INDICTMENT
  • An INFORMATION
    • Do you remember what this is and who prepares it?
  • An INFORMATION
    • A piece of paper prepared by the prosecutor’s office that…
    • contains the charges that will be used in a court jury trial.
  • An INDICTMENT
    • A piece of paper prepared by the Grand Jury
    • that…
    • contains the charges that will be used in a court jury trial.
  • PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
  • Plea Bargaining
  • Plea Bargaining Anytime before the verdict is read by the judge, “plea bargaining” may take place.
  • Plea Bargaining Plea bargaining means the arrested person is willing to plead guilty to a lesser charge. Anytime before the verdict is read by the judge, “plea bargaining” may take place.
  • The arrested person and their attorney will “bargain” with the prosecutor: “If you’ll drop the charges, I’ll plead guilty to a lesser crime. Is it a deal?” Plea Bargaining
  • Plea Bargaining
    • Avoids
    • all the hassle of a jury trial.
    • the possibility of being convicted of a more serious crime and being sentenced more harshly.
  • Plea Bargaining For example, a person charged with first-degree murder may be sentenced to death if convicted by a jury. The person may be willing to plead guilty to second-degree murder to avoid the jury and the possibility of the death penalty.
  • Plea Bargaining For example, an arrested person may be willing to plead guilty to trespassing instead of going to trial for burglary .
  • Plea Bargaining It’s completely up to the prosecutor’s office and the judge to accept a plea bargain.
  • Plea Bargaining It’s completely up to the prosecutor’s office to accept a plea bargain. If they think the evidence is strong, they don’t have to accept a guilty plea to a lesser charge.
  • JURY TRIALS
  • 2 Types of Juries
  • 2 Types of Juries Petit Jury
  • 2 Types of Juries Petit Jury Grand Jury
  • Petit Jury
  • Petit Jury The ordinary trial jury of twelve people—the kind you see on TV shows and the movies.
  • Petit Jury Duty: Find out the facts.
  • Petit Jury A new jury is formed for each court case.
  • Petit Jury Federal criminal juries consist of 12 people, who must all agree on a verdict (a unanimous verdict).
  • Petit Jury Federal civil juries may consist of six people.
  • Petit Jury California state civil juries consist of 12 people, but only 9 of them have to agree.
  • 7 Steps in a Jury Trial
  • 7 Steps in a Jury Trial
    • Jury selection
    • Opening statements
    • Introduction of evidence
    • Closing arguments
    • Jury instructions
    • Jury verdict
    • Court sentencing
  • 7 Steps in a Jury Trial
    • Jury selection
  • 7 Steps in a Jury Trial 2. Opening statements
  • 7 Steps in a Jury Trial 3. Introduction of evidence
  • 7 Steps in a Jury Trial 4. Closing arguments
  • 7 Steps in a Jury Trial 5. Jury instructions
  • 7 Steps in a Jury Trial 6. Jury verdict
  • 7 Steps in a Jury Trial 7. Court sentencing
  • 7 Steps in a Jury Trial
    • Jury selection
    • Opening statements
    • Introduction of evidence
    • Closing arguments
    • Jury instructions
    • Jury verdict
    • Court sentencing
  • Sentencing (ordering punishment)
    • If a defendant has been found guilty at trial or has plead guilty, a new court hearing is set to determine the imposition of a “sentence” (a punishment)
    TRIAL IN COURT SENTENCING IN COURT
  • Sentencing
    • Witnesses (such as family members) may bring compounding or mitigating information to the judge at the sentencing hearing.
  • Sentencing
    • Compounding information:
    • the punishment should be harsh
    • examples: previous convictions, heinous crime
    • Mitigating information:
    • the punishment should be lenient
    • examples: payment of restitution, first offence
  • Sentencing (ordering punishment)
    • Probation
    Fine Jail/Prison
  • Appeal
    • Appeal : Ask for a new trial.
    • Reasons for an appeal:
      • The trial was unfair.
      • The judge made a mistake.
      • The law is unconstitutional.
      • NOT “I didn’t like the decision of the lower court”
    Brown v. Board of Education
  • ---end of presentation---