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Chapter 10
- 1. Chapter 10 Pretrial and Trial Procedures
- 2. Ar rest andBail
- 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 ofBail 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 hasbeen 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 PeopleOut on Bail Who Are Re-arrested for a Felony, by Charge and Arrest Type
- 10.
- 11. Pretrial Services Programsthat 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…..
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- 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)
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- 17. Plea Bargaining Mostcases 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 Prosof 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 Consof 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 TheProblem 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 Fewstates 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 Therole 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 Althoughplea 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
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- 26. Pretrial Diversion Diversionprograms 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 Anopen 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 DuringTrial 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 Voirdire 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 Challengefor 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 Jurynullification 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
Editor's Notes
- #3 Learning Objective Two
- #4 Learning Objective One
- #5 Learning Objective Two
- #6 Learning Objective Three
- #7 Learning Objective Three
- #8 Learning Objective Four - Jails can be overcrowded and dangerous. Sometimes it takes a court order to improve conditions. Prisoners at Marion County Lockup in Indianapolis sleep on the floor. Many state prison systems have been using some form of early release to reduce the number of inmates. Despite early releases, crowding at the Marion County Lockup is still under scrutiny as its population continues to soar.
- #9 Figure 10.2 Released Felony Defendants Committing Misconduct, by Most Serious Arrest Charge
- #10 Figure 10.3 Percentage of People Out on Bail Who Are Rearrested for a Felony, by Charge and Arrest Type
- #11 Learning Objective Two
- #12 Learning Objective Five
- #13 Learning Objective Six
- #14 Learning Objective Six
- #15 Learning Objective Seven
- #16 Learning Objective Seven
- #17 Learning Objective Two
- #18 Learning Objective Eight
- #19 Learning Objective Nine
- #20 Learning Objective Nine
- #21 Learning Objective Nine
- #22 Learning Objective Nine - Mbarek Lafrem, 30, of Norwood, Pennsylvania, is escorted by officials after being charged with brutally beating a woman in a New York City bar after she allegedly rejected his advances. He pleaded guilty.
- #23 Learning Objective Ten
- #24 Learning Objective Ten
- #25 Learning Objective Ten
- #26 Learning Objective Two
- #27 Learning Objective Eleven - Drug courts are often active in the diversion process. In Austin, Texas, a judge presides over the weekly meeting of the Drug Diversion Court, a yearlong program for defendants who have been arrested for felony possession of a controlled substance. The program relies on frequent drug screening, offers classes and treatment referrals, and can result in dismissal of charges if the defendant completes the program successfully.
- #28 Judge Susan Criss of the Texas District Court in Galveston discovered on Facebook that a lawyer who had requested a trial delay because of a death was drinking, not grieving, after the funeral.
- #29 Learning Objective Twelve
- #30 Learning Objective Twelve
- #31 Death row inmate Marcus Robinson smiles toward his family after Cumberland County Senior Resident Superior Court Judge Greg Weeks found that racial bias played a role in his trial and sentencing on April 20, 2012, in Fayetteville, North Carolina. The historic ruling means Robinson’s sentence was immediately converted to life without possibility for parole. It was the first case to be decided under North Carolina’s Racial Justice Act.
- #33 Learning Objective Twelve