Here are the six basic steps of an appeal: 1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk. 2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court. 3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court. 4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors. 5. Oral Argument - Each side may present oral arguments to a panel of appeals judges. 6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's

1. P T
RE RIAL
PROCE DURES
AND T E
H
CRIMINAL TRIAL

2.  Identify the steps involved in the pretrial criminal
process.

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

5. 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.

6.  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

7.  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

9.  Explain how a prosecutor screens potential cases.

10.  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

11. At the arraignment, defendants must file a plea:
 Guilty
 Not Guilty
 Nolo Contendre

12.  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

14.  Identify the basic protections enjoyed by criminal
defendants in the United States.

15. 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

16. Role of the Jury:
 Sixth Amendment guarantees an “impartial” jury
 Duncan vs.. Louisiana (1968)
 Jury size
 Unanimity – most states require a unanimous
verdict

17.  Explain what “taking the Fifth” really means.

18. 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

19.  Defendants are  The standard of proof
presumed innocent in criminal court is
until proven guilty beyond a reasonable
doubt

20.  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.

21.  Contrast challenges for cause and peremptory
challenges during voir dire.

22. 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)

23. 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.

24.  Explain the difference between testimony and real
evidence, between lay witnesses and expert
witnesses, and between direct evidence and
circumstantial evidence.

25.  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.

26.  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.

27.  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.

28. 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.

30.  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?

31. Defense Strategies:
 The defense can simply rest
 Create reasonable doubt
 Present an alibi defense
 Present an affirmative defense
◦ Self defense
◦ Insanity
◦ Duress
◦ Entrapment

32.  Rebuttal and Surrebuttal
 Closing Arguments

33.  Jury Deliberation
 The Verdict
 Appeals

34.  Indicate the circumstances in which a criminal defendant
may be tried a second time for the same act.

35.  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

36.  List the six basic steps of an appeal.