The Trial

1
The Trial

• Chapter 9 in Your Text
• John Massey
• Criminal Justice

2
After the arrest has been made

• The Initial Appearance
• Occurs after an arrest has been made
• -brief, informed of charges
• -given date for Preliminary hearing
• Do you release or detain?
• Bail
• Amount of money paid by defendant to court until
  defendants return
• A promise to return
• Reasonable
• Three Factors in Setting Bail
• Uncertainty
• Risk
• Overcrowded Jails
• Released on Recognizance
• Bail Bondsman

3
Preliminary Hearing Grand Jury

• Preliminary Hearing
• Defendant appears before the judge
• Is there sufficient evidence to proceed to trial?
• Some cases dropped
• Grand Jury
• Group of citizens
• Determine probable cause
• Federal Government and Some States
• Decides whether or not a case should continue
• Indictment (charge that probable cause does in
  fact exist)
• Factors to Consider When Deciding to Further
  Prosecute
• 1) Sufficient evidence?
• 2) Case priorities
• 3) Uncooperative victims
• 4) Unreliability of victims
• 5) Is defendant willing to testify against
  others?

4
Pretrial Motions The Arraignment

• Defense can request specific actions
• 1) suppress evidence gained illegally
• 2) change of venue
• 3) invalidate a search warrant
• 4) obtain evidence that prosecution may be
  withholding
• 5) dismiss because of delay
• Arraignment
• Formal charge with crime stated in indictment
• Suspect enters plea (guilty, not guilty, nolo
  contendre)
• Plea Bargaining
• After arraignment, before trial begins
• Defense Prosecution agreement
• Most cases stop here
• Cuts down caseloads, saves time, moves process
  along and efficient
• Should be mutually beneficial

5
Unique Features of a Criminal Trial

• Speedy Trial
• 6th amendment
• Right to Jury Trial
• States decide (in misdemeanor cases)
• Sometimes bench trials
• Right Against Self-Incrimination
• 5th Amendment
• No person is required to be a witness against
  him/herself
• The Burden of Proof
• Beyond a reasonable doubt
• Guilt is clear and unquestionable

6
The Jury

• Jury Selection
• Citizen of the U.S.
• 18 up in age
• No felonies
• Pulled from community
• DMV lists, Voter Registration, Welfare Lists
• Voir Dire
• to tell the truth
• -jurors provide info, attorneys ask questions
• Screening process
• Preemptory challenges
• Each attorney allowed a certain number of
  challenges
• Can exclude jurors from serving w/out any
  reason/cause
• Some states 5 or 6 challenges, some as many as 10
• Virginia has 4

7
The Trial

• Opening Statement
• Both attorneys give general facts of the case
• Evidence
• Used to prove the existence or lack of a fact
• Three main types
• Direct witnessed by person giving testimony
• Circumstantial indirect, can create an
  inference/likelihood
• Relevant proves or disproves fact in question
  (DNA/forensics)
• Witnesses
• Two types
• Lay Witnesses turthfully and accurately testify
  on a fact in question without an special training
  or knowledge (ordinary witness)
• Expert Witnesses witness with professional
  training or experience in certain area

8
Witness Questioning

• Two types
• Direct Examination and Cross Examination
• Direct
• Prosecutor calls witness to stand to testify
• Questions that witness
• Cross
• Defense will question the prosecutions witness
• Hearsay
• Testimony given about a statement made by someone
  else
• Usually not admissible
• Defense is challenged with creating reasonable
  doubt in order to get their clients found not
  guilty

9
Later Stages of the Trial

• Defense closes case
• Prosecution can bring in new evidence (rebuttal
  stage)
• Defense has same opportunity
• Closing Arguments
• In most states, defense goes first, then
  prosecution
• Shifting the Power to the Jury
• Judge informs jury of charges/crimes and guides
  them
• Jury goes into deliberation, decides outcome
• Verdict issued by jury (usually guilty or not
  guilty)
• If unable to agree on unanimous verdict hung
  jury

10
Appeals

• Appeals
• Defendant can appeal
• Higher court reviews lower courts decision
• Must question Constitutional issue or illegality
• Two Reasons for Appeals
• Correct error made in trial
• Review policy
• Double Jeopardy
• No individual should be tried twice for same
  offense
• Habeas Corpus
• you have the body
• Judicial order
• Writ of Habeas Corpus only Constitutional Issues

11
(No Transcript)
12
(No Transcript)