Chapter 8- Pretrial and trial process

What are the main steps in the pretrial process?

Filing of charges – initial appearance – preliminary hearing or grand jury – arraignment – pretrial motions

What is an arraignment?

A court hearing where the defendant is formally charged and enters a plea

What are the types of pleas a defendant can enter?

Guilty – not guilty – nolo contendere (no contest)

What is bail?

A monetary or conditional release that ensures a defendant returns to court

What factors influence bail decisions?

Seriousness of the crime – defendant’s criminal history – ties to the community – risk of flight

What is preventive detention?

Holding a defendant without bail if they pose a danger or flight risk

What did United States v. Salerno (1987) decide?

Preventive detention is constitutional if it serves public safety

What is pretrial detention?

When defendants remain in jail before trial because they cannot post bail

What are issues with pretrial detention?

It may cause job loss – family hardship – and pressure defendants to plead guilty

What are alternatives to bail?

Release on recognizance (ROR) – conditional release – or third-party custody

What is plea bargaining?

Negotiation between prosecution and defense for a guilty plea to a lesser charge or lighter sentence

What are the three types of plea bargaining?

Charge bargaining – sentence bargaining – and count bargaining

What are advantages of plea bargaining?

Reduces court workload – saves time and resources – provides certainty of outcome

What are criticisms of plea bargaining?

May pressure innocent defendants – reduces transparency – and undermines justice

What did Boykin v. Alabama (1969) establish?

Guilty pleas must be made voluntarily and knowingly

What did Santobello v. New York (1971) decide?

Plea bargains must be honored once accepted by the court

What did Bordenkircher v. Hayes (1978) clarify?

Prosecutors can threaten more serious charges if a plea offer is refused

What is the purpose of a preliminary hearing?

To determine if enough evidence exists to proceed to trial

What is the difference between a preliminary hearing and a grand jury?

A hearing is open to the public – a grand jury is secret and decides whether to indict

What happens during the trial process?

Selection of jury – opening statements – presentation of evidence – closing arguments – jury instructions – verdict

What is voir dire?

Questioning potential jurors to detect bias and ensure impartiality

What is the difference between challenge for cause and peremptory challenge?

Cause challenges remove biased jurors – peremptory challenges remove jurors without reason (limited number)

What did Batson v. Kentucky (1986) decide?

Prosecutors cannot use peremptory challenges based on race

What is direct evidence?

Evidence that directly proves a fact such as eyewitness testimony

What is circumstantial evidence?

Evidence based on inference such as fingerprints or motive

What is hearsay?

Secondhand testimony – generally inadmissible unless it meets exceptions

What is the burden of proof in a criminal trial?

Proof beyond a reasonable doubt

What rights are protected during trial?

Right to counsel – right to confront witnesses – right to remain silent – right to a public and speedy trial

What happens after a guilty verdict?

The defendant may be sentenced or file an appeal

What is habeas corpus?

A legal action allowing prisoners to challenge unlawful detention

What are common grounds for appeal?

Constitutional violations – ineffective counsel – or procedural errors

What does double jeopardy mean?

A person cannot be tried twice for the same offense once acquitted or convicted