Chapter 8: Pretrial Procedures and the Criminal Trial

Charging

Prosecutor Must decide whether there is reasonable cause, based on the evidence, that suspect committed the offense

Initial appearance

Suspect brought before a judge. Informed of charges. Advised of his rights. May post bail

Preliminary hearing

Judge decides whether there is probable cause that suspect committed the offense

Information

Document charging a person with a specific crime. Prepared by the prosecutor and presented at the preliminary hearing

Grand jury

Jurors decide whether there is enough evidence

Indictment

Document returned by a grand jury charging a person with a specific crime

Bail

An amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required

8th Amendment

States that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Bail Bondsman

Private business people who pay the fees for defendant who lack the money to make bail

Citation

Written order or summons, issued by a law enforcement officer

Release on recognizance (ROR)

Pretrial release. Granted on defendant's promise to appear in court, no bail is paid

Percentage bail

Defendants deposit a percentage of the full bail with the court. Usually 10%

Bail guidelines

Reformers have written guidelines for setting bail

Preventive detention

Holding a defendant for trial

Arraignment

Accused hears the indictment

Trial

10-15% of cases. Defendant can only be found guilty by evidence proven beyond a reasonable doubt

Sentencing

Judge imposes a sentence within limits set by law. Options include: suspended sentences, probation, imprisonment, fines, or other sanctions

Appeal

Review of court procedures by a higher court. If successful, defendant is usually given a second trial

Santobello v. New York (1971)

Negotiated guilty pleas upheld

Bench Trials

Judge acts as fact finder and determines issues of law. Does not involve a jury

Jury Trials

Panel of citizens selected according to law. Sworn to determine matters of fact in a criminal case. Delivers a verdict of "guilty" or "not guilty"

Eight Steps of the Criminal Trial Process

Jury selection, Opening statements by prosecution and defense, Prosecution presents evidence and witnesses, Defense presents evidence and witness, Presentation of rebuttal witnesses, Both sides present closing arguments, Judge gives instructions to the jury, Jury makes a decision

Voir Dire

questioning of prospective jurors

Challenge for cause

removal of a prospective juror by showing that they have some biased or some other legal disability. Unlimited in number

Peremptory Challenge

Removal of a prospective juror without any reason. Limited in numbe

Real Evidence

physical evidence involved in a crime. Weapons, records, fingerprints, and stolen property

Demonstrative Evidence

not based on witness testimony, demonstrates information relevant to crime. Maps, X-rays, and photographs, includes some real evidence

Testimony

Oral evidence provided by a legally competent witness

Direct evidence

eyewitness accounts, confessions, weapons

Circumstantial Evidence

Provided by a witness from which a jury must infer a fact. MOST evidence: test results, DNA, fingerprints

Beyond a reasonable doubt

Standard used by a jury to decide if the prosecution has provided enough evidence for convictio