Chapter 13: Proceedings Before the Trial

Chapter 13: Proceedings Before the Trial

Booking and Initial Appearance Booking: Formal process for arrests Provide personal information and info on any previous arrests Fingerprinted and photographed Can take DNA samples and writing samples Initial Appearance: Judge informs accused of charges and the rights of the accused, sets bail Misdemeanor Appearance: enters plea Felony Appearance: does not enter plea What is the purpose of bail?

Bail and Pretrial Release What if the defendant doesn’t have money for bail? What if the accused doesn’t return for court appearances? Problem: many defendants commit crimes while out on bail Preventative Detention: accused may be held without bail Has to have good reason that he or she may commit another serious crime before trial.

Preliminary Hearing Preliminary Hearing: Used in felony cases to determine if there is enough evidence for the defendant to stand trial ( if there is not enough evidence the defendant can be released) Both sides can call witnesses and present evidence GRAND JURY: Can be used in serious felony cases instead of a preliminary hearing 16-23 people decide if there is sufficient evidence to INDICT-formally charge – the defendant.

5th Amendment Grand Jury clause No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

Felony Arraignment and Pleas Arraignment: used in felony cases, the defendant enters their plea If pleads guilty, judge sets date for sentencing If pleads not guilty, judge sets date for trial and defendant decides if they want a jury or bench trial (only a judge, no jury) If defendant pleads “no contest” (or nolo contendere), they are not admitting guilt but do not contest the charges, the judge sets date for sentencing.

Pretrial Motions: The Exclusionary Rule Motion: a request that the court make a ruling or take some action 1. Motion for Discovery of Evidence: request by the defendant to examine certain evidences of the prosecution before the trial 2. Motion for a Continuance: request for more time to prepare the case 3. Motion for Change of Venue: request to change trial location to avoid community hostility 4. Motion to Suppress Evidence: request that certain evidence not be allowed to be presented

Plea Bargaining Most criminal never go to trial their cases are settled out of court because the defendant pleads guilty before the trial Plea Bargaining: the negotiation between the prosecutor, defendant, and defendant’s attorney. In exchange for a guilty plea, the prosecutor agrees to charge the defendant with a lesser crime and usually a lesser punishment