Chapter 8 - Traditional Prosecutions: Arrest, Bail, Plea Bargain and Settlement, and Trial

Steps Between Arrest and Trial

The legal procedures and processes that take place from the moment an individual is arrested until they stand trial, including arraignment, pretrial motions, and plea bargaining. These include: Arrest, Initial Appearance, Preliminary Hearing, Grand Jury, Arraignment (plea of guilty/not guilty), and Discovery and Pretrial Motions

1.) Arrest (Criminal only)

• The legal act of detaining someone suspected of a crime or wrong in order to ensure their presence in court.

• If the police believe that a suspect committed a crime, they will probably arrest the suspect.

2.) Initial Apperance (Criminal only)

• Charging implies a formal decision to continue with the prosecution, and that decision is made by the prosecuting attorney rather than the police

  • The 4th Amendment of the Constitution requires that anyone who has been arrested must be presented before a judge within a reasonable time for a probable cause determination.

• The first court appearance of a defendant after arrest, where they are informed of charges, rights are explained, and bail may be set.

• The judge will inform defendants of the charges against them inform them of their constitutional rights, review the issue of bail, and appoint attorneys for those who cannot afford to hire their own

3.) Preliminary Hearing (Criminal only)

• A court proceeding to determine if there is enough evidence for a case to go to trial.

• The prosecution must offer some evidence on every element of the crime charged, and the judge must decide wether the evidence is sufficient to pursue the case further

• The judge will sometimes send the case to the grand jury or reduce the charges, either because he or she believes that the evidence does not support the current charges or for other legal reasons. This process ensures that there is adequate justification for continuing to trial.

4.) Grand Jury (Criminal only)

A legal process where evidence is presented to a group of citizens who determine whether there is enough evidence to formally charge a suspect with a crime. This step occurs after the preliminary hearing and serves to protect the accused from unjust prosecution by requiring a larger body to review the evidence.

5.) Arraignment (Plea of Guilty/Not Guilty) (Criminal only)

An arraignment is a court proceeding where the defendant is formally charged with a crime and enters a plea of guilty, not guilty, or no contest. This step ensures that the defendant understands the charges and their rights within the legal process.

6.) Discovery and Pretrial Motions (Criminal and Civil )

The process where both parties exchange information and evidence before trial, allowing each side to prepare their case. This stage can also include motions to dismiss, suppress evidence, or other pretrial requests made to the court.

7.) Trial

A formal examination of evidence in court where the opposing parties present their cases before a judge or jury, who then makes a determination of guilt or innocence. Trials are essential for resolving disputes and ensuring justice within the legal system.

Pretrial Motions

• Separate trails if there are multiple offenders

• Separate offenders if there are multiple

• Change the locations (tried in a different town)

• What offenses can be mentioned

The Decision to Set Bail

• Bail decision are influenced by both legal factors and extralegal factors (race, gender, ect) and flight risk

• Judges tend to use mental heuristics to decide if bail would be appropriate

Does Pretrial Detention Effect Trial Outcome?

• What if the defendant cannot provide bail and remains in jail until the time of trial? This DOES effect trial outcome, as those who spend more time in jail are more likely to obtain a guilty decision.

Can High-Risk Defendants be Identified

• Since 1970, judges have had the authority to preventatively detain people who pose a risk of flight or danger, including violent offenders, individuals with severe mental illness, or those with prior criminal records. This identification process involves assessing factors like the severity of the offense and the defendant's criminal history.

Plea Bargaining in Criminal Cases

• A negotiation between the defendant and the prosecution where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for waiving their right to a trial.

• More than 90% of criminal cases end prior to trial when the defendant pleads guilty to some charge, usually in exchange for concession by the prosecutor

• Plea bargaining is so pervasive that in Missouri v Frye the U.S. Supreme Court recognized a defendant's right to effective counsel during plea negotiations.

The Decision to Plead Guilty

Defendants plead guilty for a variety of reasons: because the evidence of guilt is strong and therefore, they believe they would likely be convicted at trial, to receive a more lenient sentence, or to avoid the uncertainty and stress of a trial.

Framing Effects

Framing effects refer to the way information is presented, which can significantly influence decision-making and judgment. When options are framed in terms of potential gains or losses, individuals may react differently, demonstrating biases in their choices based on how the same information is contextualized.

Attorney’s Role in Plea Bargining

• The attorney's role in plea bargaining involves advising the defendant on the implications of accepting a plea deal, negotiating with the prosecution for favorable terms, and ensuring that the defendant's rights are protected throughout the process.

• Attorney may allow a plea bargain if the case against defendant is weak, to ensure a win, or to secure a more favorable outcome for the defendant compared to the risks of going to trial.

Biases

• Anchoring

• Hindsight

• Confirmation

• Self-Serving

• Representativeness

Anchoring

Is a cognitive bias where individuals rely heavily on the first piece of information encountered (the "anchor") when making decisions or judgments. This can affect how they evaluate subsequent information and adjust their perceptions.

Hindsight

Is a cognitive bias where individuals believe that past events were predictable after they have occurred. This often leads to an oversimplification of events and can distort decision-making processes.

Confirmation

Cognitive bias that involves favoring information that confirms one’s pre-existing beliefs or hypotheses, while disregarding or minimizing information that contradicts them.

Self-Serving Bias

Cognitive bias where individuals attribute positive outcomes to their own character or actions while attributing negative outcomes to external factors. This bias helps maintain self-esteem and can skew perception of personal success and failure.

Representativeness

Cognitive bias where individuals judge the probability of an event based on how closely it resembles a typical case. This can lead to misjudgments and inaccurate assessments of likelihood.

Many people believe that a trial is a rule-governed event involving the parties’

collective search for the truth.

• This view assumes that what really happened can be clearly ascertained and that witnesses are capable of knowing, remembering, and describing events completely and accurately.

• Although this image of the trial recognizes that the opposing attorneys present only those facts that buttress their positions, it assumes that the truth will emerge from the confrontation of conflicting facts.

• This assumes that judges or jurors can “lay aside their prejudices and preconceived views regarding the case and replace such biases with a dispassionate analysis of the arguments and evidence” (Miller & Boster, 1977, p. 25).

Trial - Misinformation

1.) Trails seek justice, not truth

2.) Test of credibility “truthfulness”

3.) Resolves contraversies