Chapter 10

1. Chapter
10
Pretrial
and Trial
Procedures

2. Ar rest and Bail

3. Procedures Following
Arrest
 Many important decisions about what happens to
a defendant are made prior to trial
 Hearings, such as before the grand jury and the
preliminary hearing, are held to determine if
probable cause exists to charge the accused with a
crime
 If so, the defendant is
arraigned, enters a plea,
is informed of his or her
constitutional rights, and
is considered for pretrial
diversion

4. Bail
Bail
 A form of security, usually a sum of money
that is put up or exchanged to secure the
release of an arrested person before the
trial begins
Majority of criminal defendants are released
on bail prior to trial
The Eighth Amendment
 Prohibits both cruel and unusual
punishment and excessive bail

5. Bail
Types of Bail
 Full cash bail
 Deposit bail (used in Illinois, post 10%)
 Surety bail (bail bondsman – 3rd party)
 Conditional bail (release with rules / no cash)
 Unsecured bond (not common)
 Release on recognizance (called: I-Bond –
used everyday in Cook County Illinois)
Technically if you fail to appear, the court takes
your bail… but this rarely happens…

6. Bail
Pretrial detainees
 People who are either denied bail or
cannot afford to post bail before trial and
are kept in secure confinement
 Explain Skokie Court Procedure…
 According to text…
More likely to be convicted and get longer
sentences than those who commit similar
crimes but are released on bail
 Stats may be skewed because the more
serious the crime… the more sure you did it…
the more likely you will be convicted…..

7. Bail
Bail has been heavily criticized as one of
the most unacceptable aspects of the
criminal justice system
 Bail reform
Has resulted in the use of release on recognizance
to replace money bail for non-dangerous offenders
Also efforts to tighten bail on
the most dangerous offenders

8. Released Felony Defendants
Committing Misconduct, by
Most Serious Arrest Charge

9. Percentage of People Out on
Bail Who Are Re-arrested for a
Felony, by Charge and Arrest
Type

10. Pretrial and Charges

11. Pretrial Services
Programs that provide a number of
services to those released into the
community prior to their trial dates
 Determine which defendants can safely be
released on bail pending trial
Gather and verify information about arrestees
Assess likelihood of failure to appear/arrest
Provide supervision for defendants
Special needs

12. Charging the
Defendant
The Grand Jury
 Presentment – (Used by special grand juries
like the one in Ferguson)
 True Bill
Grand Jury saying YES - indict
 Indictment
The formal charge the grand jury decides
 No Bill
Very rare, but this is when the Grand Jury says
no.

13. Charging the Defendant
The Preliminary Hearing
 (if we don’t use the grand jury)
 Presided over and decided by a Judge
 Prosecution presents Evidence
 Defense can Cross-examination
Waiving the preliminary hearing
 Sometimes a lawyer will waive if the
charge is disturbing… or if there is no
question as to guilt…..

14. Video: Pleas

15. Charging the Defendant
At arraignment the defendant is informed
of the charges against him/her and
appoints counsel if one has not yet been
retained
 A plea is entered at arraignment:
Guilty
Not guilty
Nolo contendere (rare – not accepted in all areas)

16. Plea Bargaining

17. Plea Bargaining
Most cases never go to trial but are
bargained out of the system
 Bargains can be made for a plea of guilty in
exchange for:
A reduced sentence
Dropping charges
Lowering charges
Substituting a negative charge for one with more
socially acceptable connotations

18. Plea Bargaining
Pros of Plea Bargaining
 The overall costs of the criminal prosecution are
reduced
 The administrative efficiency of the courts is
greatly improved
 The prosecution can devote more time to more
serious cases
 The defendant avoids possible detention and an
extended trial and may receive a reduced
sentence
 Resources can be devoted more efficiently to
cases that need greater attention

19. Plea Bargaining
Cons of Plea Bargaining
 Defendants waive constitutional right to trial
 Allow dangerous offenders to receive lenient
sentences
 Danger that an innocent person will be
convicted of a crime
 Prosecutors are given a free hand
 Possible that innocent persons will admit guilt

20. Plea Bargaining
The Problem of False Confessions
 Why do innocent people confess?
 Duress
 Coercion
 Intoxication
 Diminished capacity
 Mental impairment
 Ignorance of the law
 Fear of violence
 The actual infliction of harm
 The threat of a harsh sentence
 Misunderstanding the situation

21. Plea Bargaining
 Legal Issues in Plea Bargaining
 Effective assistance of counsel
 Pleas must be made voluntarily
 Prosecutor promises must be kept
 Defendant promises must be kept
 Due process rights must not be violated
 Guilty pleas from persons who claim innocence is
valid
 Use of plea bargaining statements at trial

22. Plea Bargaining
Few states have placed limits on the
discretion of prosecutors in plea
bargaining situations
 A court will not accept a guilty plea unless:
The defendant has been properly advised by
counsel
AND
The court has determined that the plea is
voluntary and has a factual basis

23. Plea Bargaining
The role of the defense counsel in plea
bargaining
 Advisory
 Explanatory
 Informative
Know the facts of the case and the law and and
advise your client of the available alternatives

24. Plea Bargaining
Although plea bargaining has been criticized,
efforts to control it have not met with much
success
Jurisdictional safeguards
 Judge questions defendant
 Cook County – Is this plea of your own free will? - was anything
promised in exchange for our plea? - are you being forced to plea?...
 Defense counsel is present
 Open discussion of plea
 Cook County - Defendant states plea out loud
 Full and frank information about defendant
 Cook County - Defendant signs a jury waiver

25. Pretrial
&
Trial

26. Pretrial Diversion
Diversion programs
 Offering a criminal defendant the ability to
enter a treatment program instead of a criminal
trial continue to be used throughout the United
States
 Most diversion programs have a common goal
To constructively bypass criminal prosecution by
providing a reasonable alternative in the form of
treatment, counseling, or employment programs
Cook County States Attorney Drug School
 Available to first time misdemeanor drug offenders

27. The Trial
An open and public hearing designed to
examine the facts of the case brought by
the state against the accused
 Most formal trials are heard by a jury, although
some defendants request a bench trial.
 (I believe this is FALSE)
 Not open to witnesses such as police.

28. Legal Rights During Trial
Counsel
Speedy trial
Public trial
Convicted by
proof beyond a
reasonable
doubt
Impartial judge
Right to be competent
Confront witnesses
Compulsory process
Impartial jury

29. Jury Selection
Voir dire
 The process in which a potential jury
panel is questioned to select jurors
Peremptory challenge
 The dismissal of a prospective juror by
either the prosecution or the defense for
unexplained, discretionary reasons

30. Jury Selection
Challenge for cause
 The dismissal of a prospective juror by
either the prosecution or the defense
because she/he is biased, has prior
knowledge, or for another reason is
unable to render a fair and
impartial judgment

31. The Trial Process
An established order of steps is
followed throughout a criminal trial:
 Selection of a jury
 Opening statements
 Introduction of evidence (prosecution and
defense)
 Closing arguments
 Instructions to the jury
 Juror deliberations
 Verdict

32. The Trial
Jury nullification
 A jury’s refusal to render a verdict
according to the law and fact regardless of
the evidence presented
Imposition of the sentence is the
responsibility of the trial judge
 The defense may petition an appellate
court to review the procedures used
during the trial once a verdict has been
rendered