Chapter 13: Proceedings Before the Trial

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Chapter 13 Proceedings Before the Trial
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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?

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Bail and Pretrial Release

• What if the defendant doesnt have money for
  bail?
• What if the accused doesnt 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.

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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.

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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

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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.

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Pretrial Motions The Exclusionary Rule

• Motion a request that the court make a ruling or
  take some action
• Motion for Discovery of Evidence request by the
  defendant to examine certain evidences of the
  prosecution before the trial
• Motion for a Continuance request for more time
  to prepare the case
• Motion for Change of Venue request to change
  trial location to avoid community hostility
• Motion to Suppress Evidence request that certain
  evidence not be allowed to be presented

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Plea Bargaining

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