CJ Admin Review- The Trial Process

booking

recording of facts, mugshots, fingerprints, etc

appearance before magistrate

• Within 24-48 hours of arrest

• Weekends can delay these appearances

• Learn charges, protections

• Why are you arrested, what are your constitutional rights, what charges are being brought against you/what charges are you suspected of

bail set by magistrate

• “can’t be excessive”

• set on case by case basis

• most people cannot pay it

grand juries

• guaranteed constitutional right

• comprised of citizens

• georgia uses these

• try to guarantee fairness

• 16-23 members

• prosecutor presents evidence, state advantage

• decision by majority vote

preliminary hearings

• alternative to grand juries

• judge presides, prosecution presents case

• defense can participate

• judges determine “probable cause”

• bill of information - formal filing of charges

arraignment

• Defendant brought before judge to respond to indictment/bill of information

• Plea offered at this stage

• Guilty, not guilty, former jeopardy, not guilty by reason of insanity, nolo contendere

guilty plea

trial scheduled if

sentencing trial

felony

give out punishment

misdemeanor

plea bargaining

Negotiated outcome between attorneys of the accused and attorneys of the state

90%

what percent of cases do NOT go to trial?

“vertical” charges

faces a series of charges of multiple levels of severity → prosecutor drops most serious charge if you plead guilty to other charges

“horizontal” charges

all charges are of the same severity

sentence bargaining

• Guilty plea in exchange for request of lighter sentence

• Expectation that if you go to trial, you will get a more severe punishment 

• Repeat offenders will face more severe consequences (ga uses this)

disadvantages of plea bargaining

• Lack of relationship between charges and sentences

• Pressure to plead guilty

• Possibility of overcharging

• low visibility

• circumvents rule of evidence

rejection of plea bargain

defendent doesn’t like the offer the prosecution provides and they think the stand a better chance in trial