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0131389033 ppt07

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Published in: Economy & Finance, Business

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Transcript

  • 1. Chapter 7: Courtroom Participants and the Trial
  • 2.
    • After completion of this chapter, students should be able to:
    • Describe the basic legal philosophy of a criminal trial
    • Understand how court jurisdiction is determined
    • Identify major pretrial proceedings
    • Explain the Sixth Amendment requirement for a speedy trial
    • Know the roles of the participants in a criminal trial
  • 3.
    • The concept that a trial is a ‘battle’ between the state and a legal ‘champion’ who represents the defendant
    • Trials are complex because many criminal justice agencies and personnel must interact in the pursuit of justice: police, prosecutors, judges, jurors, victims and offenders
  • 4.
    • Police and the prosecutor work together to bring charges
    • This serves as a check and balance
    • Police arrest does not guarantee the prosecutor will prosecute
    • Thus the phrase ‘Prosecutorial Discretion’
  • 5.
    • Three other important decisions that are made before the trial are:
    • 1. setting bail,
    • 2. determining the competency of the defendant to stand trial
    • 3. plea bargaining
  • 6.
    • Eighth Amendment of the Constitution recognizes the concept of bail:
    • Bail may be set by a schedule
    • Amount is typically based upon possible fine
    • Can be denied if defendant is a flight risk
    • Can be denied for reasons of community safety
  • 7.
    • Manhattan Bail Project
      • Release on Recognizance (ROR)
    • Conditional Release
    • Property Bond
    • Signature Bond
  • 8.
    • The controversy over bail has centered on:
    • 1. What is excessive bail?
    • 2. When can bail be denied?
    • 3. Does the bail system discriminate against the poor?
  • 9.
    • Reduces time and cost associated with court case
    • Keeps back-logged dockets moving
    • Over 90% of defendants receive a plea bargain
    • Plea can surround the charges or the range of sentencing
  • 10.
    • A criminal case must assure defendant the right to a speedy trial under the Sixth Amendment
    • Federal prosecutor has 30 days to seek an indictment
    • Federal prosecutor has 70 days to start trial
  • 11.
    • Motion for discovery
    • Motion for suppression
    • Motion for change of venue
    • Motion for continuance continued…
  • 12.
    • Motion for dismissal
    • Motion for a bill of particulars
    • Motions for severance of charges or defendants
  • 13. Pearson Education, Inc. © 2010
    • Prosecutor
    • Defense Attorney
    • Judge
    • Jury continued….
  • 14.
    • Court reporter
    • Clerk of the court
    • Witness
    • Bailiff
  • 15.
    • Pretrial motions
    • Jury Selection
    • Opening Statements
    • Prosecutor’s Case
    • Defense Case
    • Rebuttal continued…
  • 16.
    • Surrebuttal
    • Closing Arguments
    • Charge to the Jury
    • Deliberation
    • Verdict
    • Sentencing
  • 17.
    • Selecting fair citizen jurors has been a major challenge for courts
    • ‘Jury of One’s Peers’ requires a broad base of citizens who represent the community
    • Jury size of ‘12’ is a tradition, not a constitutional requirement