Chapter8

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Chapter8

  1. 1. P T RE RIALPROCE DURESAND T E HCRIMINAL TRIAL
  2. 2.  Identify the steps involved in the pretrial criminal process.
  3. 3.  The initial appearance is the first step after arrest. During the appearance, the defendant is: ◦ Informed of the charges ◦ Advised of right to counsel ◦ Told the amount of bail ◦ Given a date for the preliminary hearing
  4. 4. Bail is the amount or conditions set by the court to ensure that the defendant will appear for further criminal proceedings. Bail is provided for under the Eighth Amendment. In most cases, the defendant will only be released if he/she posts bail. Bail is generally prohibited in capital cases.
  5. 5.  The Preliminary Hearing – an initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he/she is charged ◦ The Preliminary Hearing Process ◦ Waiving the Hearing The Grand Jury – the group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she/he has been charged
  6. 6.  Case Attrition – the process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted ◦ Scarce Resources
  7. 7.  Explain how a prosecutor screens potential cases.
  8. 8.  Screening Factors: ◦ Belief in the guilt of the suspect ◦ Case priorities ◦ Uncooperative victims ◦ Unreliability of victims ◦ Defendant who is willing to testify against other offenders
  9. 9. At the arraignment, defendants must file a plea: Guilty Not Guilty Nolo Contendre
  10. 10.  Motivations for Plea Bargaining ◦ Prosecutors and Plea Bargaining - want a conviction ◦ Defense Attorneys and Plea Bargaining - want the best outcome for the defendant ◦ Defendants and Plea Bargaining - want some measure of control over the outcome and a lighter sentence ◦ Victims and Plea Bargaining – about half of the states permit for victim participation in plea bargaining
  11. 11.  Identify the basic protections enjoyed by criminal defendants in the United States.
  12. 12. Speedy Trial: Required by the Sixth Amendment Barker vs. Wingo (1972) All 50 states have their own speedy-trial statutes The Speedy Trial Act of 1974 (federal) ◦ No more than 30 days between arrest and indictment ◦ No more than 10 days between indictment and arraignment ◦ No more than 60 days between arraignment and trial
  13. 13. Role of the Jury: Sixth Amendment guarantees an “impartial” jury Duncan vs.. Louisiana (1968) Jury size Unanimity – most states require a unanimous verdict
  14. 14.  Explain what “taking the Fifth” really means.
  15. 15. The Privilege Against Self-Incrimination: Provided for in the Fifth Amendment Witnesses are granted immunity Adamson vs.. California (1947), the decision to “take the Fifth” should not prejudice the jury “Taking the Fifth” means that a witness may refuse to testify if such testimony may be self-incriminating
  16. 16.  Defendants are  The standard of proof presumed innocent in criminal court is until proven guilty beyond a reasonable doubt
  17. 17.  All those chosen from the master list are summoned to appear. This group, from which the jury will be selected, is called the Venire. The attorneys then determine the suitability of each potential juror through a questioning period called Voir Dire.
  18. 18.  Contrast challenges for cause and peremptory challenges during voir dire.
  19. 19. There are two ways jurors are excluded: Challenges for Cause ◦ The attorney must provide a sound, legally justifiable reason why a juror cannot serve Peremptory Challenges ◦ The attorney can remove a juror without showing and supporting reason or cause ◦ Batson vs.. Kentucky (1986)
  20. 20. Opening Statements: The first step of the trial process. The prosecutor speaks first, followed by defense counsel. Each side attempts to construct a “road map” of their case for the jury to follow by outlining their evidence.
  21. 21.  Explain the difference between testimony and real evidence, between lay witnesses and expert witnesses, and between direct evidence and circumstantial evidence.
  22. 22.  Testimony is verbal  Real evidence is evidence given by brought into court and witnesses under oath. seen by the jury, as opposed to evidence that is described for a jury.
  23. 23.  Lay witnesses are  Expert witnesses are those who can those with truthfully and professional training accurately testify on a or substantial fact in question experience qualifying without having her/him to testify on a specialized training or certain subject. knowledge; an ordinary witness.
  24. 24.  Direct evidence is  Circumstantial evidence that evidence is indirect establishes the evidence that is existence of a fact offered to establish, that is in question by inference, the without relying on likelihood of a fact inference. that is in question.
  25. 25. The Prosecution’s Case: Burden of proof is on the state. Attempts to establish corpus delicti. Calls witnesses for direct examination. ◦ Establishes relevance and competency of witnesses. ◦ Avoids hearsay. ◦ After cross-examination, prosecutor will have one more opportunity during redirect examination.
  26. 26.  Questions: ◦ Why is it important for prosecutors to uphold high ethical standards? ◦ Are there ripple effects on the criminal justice system when a case like this gets high-profile media attention?
  27. 27. Defense Strategies: The defense can simply rest Create reasonable doubt Present an alibi defense Present an affirmative defense ◦ Self defense ◦ Insanity ◦ Duress ◦ Entrapment
  28. 28.  Rebuttal and Surrebuttal Closing Arguments
  29. 29.  Jury Deliberation The Verdict Appeals
  30. 30.  Indicate the circumstances in which a criminal defendant may be tried a second time for the same act.
  31. 31.  Double Jeopardy – The Fifth Amendment prohibits a second prosecution in the same court for the same criminal offense ◦ The Possibility and Risk of Retrial – a state’s prosecution of a crime will not prevent a separate federal prosecution of the same crime, and vice versa, if the act is also defined as a crime under federal law; different states may also prosecute the same person for multiple crimes that take place in different jurisdictions
  32. 32.  List the six basic steps of an appeal.

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