Introduction to Criminal Justice

1
Introduction to Criminal Justice

• Chapter 9

2
Pretrial Criminal Process

• Initial appearance Immediately after arrest
  (usually 48 hours)
• Magistrate informs defendant of charge, rights,
  appoints counsel
• Bail is set by magistrate
• If unable to make bond, usually detained
• Misdemeanor cases---Defendant may plead guilty at
  this stage

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Bail

• Definition The amount or conditions set by the
  court to ensure that an individual accused of a
  crime will appear for further criminal
  proceedings. If the accused provides bail, by
  cash or a bail bond, he is released from custody.
• 8th amendment prohibits excessive bail
• Must be reasonable
• Two purposes of bail---Assure appearance of
  defendant, and prevent another crime by defendant
• Jude could set bail at amount to assure defendant
  will not be released

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Types of Bail Release

• Release on Recognizance (ROR) Released at no
  cost little risk
• Initiated in 1960s with Manhattan Bail Project
  (Less than 5 failed to appear)
• Originally required only a phone and job
• Aimed at ending the disparity of release
  opportunities for rich vs. poor
• Felons rarely released on ROR

5
Other Types of Bail Release

• Cash bond---Often defendant cannot make this
• Property bond---usually requires double the bond
  amount set
• Bond sometimes posted by bail bondsman
• (For 10 fee)
• Several states have outlawed bail bondsmen (Is it
  an ethical practice?)

6
Preventative Detention

• Definition Allows judges to deny bail to
  suspects with prior records or violence, or
  non-appearance for trial
• Federal courts---Bail Reform Act of 1984 allows
  defendant to be held without bond to assure
  safety of any other person and the community.
• Critics say detaining people who have not yet
  been convicted is unconstitutional

7
Preliminary Hearing---Within a Reasonable Time

• Judge decides if evidence is sufficient for case
  to proceed to trial
• Mini-trial to evaluate the evidence of
  prosecution
• Have to only prove probable cause, not definite
  guilt
• Judge rarely dismissed case at this point
• Hearing is often waived

8
The Pretrial Stage

• Grand jury a group of citizens who decide if
  probable cause exists
• 50 of states require a grand jury to determine
  if case should go to trial (Not Iowa)
• Secret sessions, controlled by prosecutor
• Indictment Formal charge filed by grand jury
  declaring there are grounds for a trial

9
Pretrial Stage

• Information Filed by prosecutor as a formal
  charge---replaces police complaint (not approved
  by grand jury)
• Discovery Process whereby the prosecutor and
  defense counsel may review the evidence the other
  party has

10
Case Attrition

• Prosecutor prioritizes cases---Screens some out
• Do not have resources to prosecute every case
  instead considers---
• Sufficient evidence for conviction?
• Case prioritiesMay target certain crimes
• Uncooperative, unreliable victims (Domestic)
• May dismiss or reduce charge for cooperating
  defendant

11
Pretrial Motions

• Usually filed by defense counsel to contest
  charges filed
• Motion to suppress illegally seized evidence
• Change of venue
• Invalid search warrant employed
• Undue delay in bringing case to trial
• Motion to gain access to prosecutors evidence

12
Arraignment

• Defendant is formally charged, and must plead
  guilty or not guilty
• May also plead no lo contendere
• Neither an admission or denial of guilt
• Consequences are same as for guilty plea
• Try to avoid stigma of an actual plea

13
Pleas of Guilty

• Plea bargaining usually takes place before the
  beginning of a trial
• Defendant agrees to plead guilty to a certain
  offense, usually in exchange for a specific
  sentencing recommendation from prosecutor
• Save court resources
• Prosecutors gain a certain conviction
• Agreement always subject to court approval

14
Pleas of Guilty

• Some prosecutors may avoid mandatory minimum
  sentences with plea bargains
• May help prosecutor save questionable case
• Favorable plea agreements often the best defense
  counsel can do for clients
• Defendants usually receive more lenient sentence
  than if go to trial
• Partially, because most cooperate

15
Criminal Trials

• Sixth amendment guarantees defendants
• Speedy and public trial
• Impartial jury
• Informed of the charge against them
• Confronted with witnesses
• Present own witnesses (compulsory appearance)
• Have assistance of counsel

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Speedy Trial Requirements

• 6th amendment is not specific as to time
• States vary as to time requirements
• Unwarranted delay is prohibited
• Speedy Trial Act in Federal Court---
• 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
• Statute of limitations sets requirement for
  filing a charge

17
Juries

• In felony cases, defendant is entitled to a trial
  before a jury generally 12 citizens
• If defendant prefers, he may have a trial before
  a judge, or a bench trial
• Jury verdicts must usually be unanimous (Iowa
  included)
• A few states allow 1-3 dissenting votes

18
Fifth Amendment Right

• Defendant cannot be compelled to be a witness
  against himself---Right not to testify
• Witnesses have same right, unless given immunity
• May not hold it against defendant that he chose
  not to testify

19
Defendant is Presumed Innocent

• The prosecutor must prove him guilty
• Must be proven beyond a reasonable doubt
• Reduces the threat of convicting innocent people
• Theory---worse to convict an innocent person than
  to allow a guilty one to go free
• Worst case scenario---death penalty

20
Selection of Jury

• Goal is to obtain a cross section of community on
  jury
• Must be
• U. S. Citizens
• 18 year of age
• No felony convictions
• Able to understand issues of a trial
• Able to comprehend English

21
Jury Process

• Jury pool comes from voters or drivers lists
• Venire is a list of all those called to duty at
  one time
• Voir Dire where jurors are questioned by
  attorneys to determine biases
• Trying to find jurors who identify with their
  respective cause (not impartial)

22
Jury Process

• Attorneys may challenge a potential juror
• For cause, if they appear to be biased or
  otherwise unfit for service (incompetent)
• Peremptory challenge, solely on lawyers
  subjective reasoning
• 5-10 for felony trials
• May not use challenges to screen out jurors
  because of race or gender
• Challenges were historically used improperly

23
Trial Process

• Opening statements summary of what lawyer
  intend to present as their case
• Presentation of evidence
• Anything used to prove the existence or
  non-existence of a fact
• Testimony---live statements by witnesses
• Real evidence---exhibits, physical items
• Direct evidence Does not rely on inference
• Circumstantial evidence Only established fact
  by inference

24
Evidence

• Must be relevant to be admissible, tending to
  prove or disprove a fact
• Prejudicial evidence tends to distract the jury
  from the main issues of the case
• Generally includes the prior record of defendant

25
Prosecutors Case

• Needs to present corpus delicti (body of the
  offense) to jury, showing facts that crime was
  committed
• Direct examination involves questioning
• witnesses favorable to your position
• Hearsay is testimony about a statement made by
  someone else---not usually admissible

26
Cross Examination of Witnesses

• Opposing attorney questions witness
• May use leading questions, attempts to damage
  credibility of witness
• Followed by redirect examination, and recross
  examination
• Each side has two chances to question each
  witness
• Testimony is anti-climactic

27
Defendants Case Presentation

• Not required to offer any case whatsoever
• Wants to expose weaknesses in the case presented
  by prosecution
• Focus doubt on credibility of witnesses, victims
• Often attack victims credibility in sexual
  assault cases (Duke Lacrosse example)

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Other Strategies of Defense

• Alibi defense Accused was not at the scene of
  crime, was elsewhere
• Affirmative defenses
• Self defense---
• Insanity
• Duress
• Entrapment
• Defendant must prove his own case

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Final Stages of Trial

• Rebuttal Prosecution may bring forward new
  evidence to refute defendants case
• Surrebuttal Defense may then have same
  opportunity regarding prosecutions evidence
• Closing arguments Attorneys summarize their
  cases, and emphasize shortcomings in other sides
  presentation

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Judges Charge to Jury

• Jury instructions Judge sets forth rules of law
  jury must apply in reaching their verdict
• Instructions are prepared during a special
  charging conference with judge lawyers
• Judge explains basic legal principles and what
  prosecution is required to prove
• If cannot agree on a verdict, it is a hung jury
• 30 of cases resulted in initial unanimous vote

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Toward a Jury Verdict (Fig. 9.9)

• Jury considers the evidence and instructions as a
  group in private
• Submits a verdict based on vote of all jurors
  Unanimous in most states
• If cannot agree on verdict, it is hung jury
• 30 of cases resulted in initial unanimous vote

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Possibilities for Retrial

• Federal charge, if offense is both a state and
  federal violation (Stacy Koon)
• Civil case filed by victim for damages
• (O. J. Simpson)

33
Appeals Process of Seeking a Higher Courts
Review of Lower Court Ruling

• Generally available to only the defense
• Prosecution cannot generally appeal acquittal,
  due to double jeopardy prohibition
• Cannot try a person twice for same crime (5th
  amendment)
• Used to correct an error made by the trial court

34
Process of Appeal

• Can ask higher court to review a policy to
  determine if change is required
• Example Miranda v. Arizona
• Appeals Court considers
• Written briefs legal arguments and precedents
• Oral arguments
• Record from lower court
• U. S. Courts Of Appeals cases are final, unless
  appealed to the U. S. Supreme Court

35
Habeas Corpus You Have the Body

• Commands corrections officials to bring a
  prisoner before a Federal Court to hear claim he
  is being illegally held
• Can only address constitutional issues regarding
  his detention