Ch 10: Pretrail procedures, Pretrial motions, and Plea bargaining

Arrest

Process begins either with filing a complaint or an arrest

• arrest can be without warrant, but need probably cause to believe that the crime has been committed, of the person being arrested committed that crime or is involved

Booking

Filling out paperwork about arrest, fingerprints, photographs, can contact family or attorney

Affidavit

Filled out by cops, stating the facts (probably cause) for an arrest/ search warrant

Charging decisions

The charges the prosecutor decides to file

• might not file as they believe they are innocent (makes sure justice is done, not just conviction) or they might not be able to get a conviction with the case

cannot be based on race, religion, or any other arbitrary classification; cannot be filed vindictively or motive or revenge

Information

States without grand jury, prosecutor files written statement that informs defendant of the case and the charges (Sub for grand jury, as It is efficient)

Indictment

Charge issued by grand jury.

• 5th amendment requires federal government to proceed via _____ by grand jury- not applicable to the states.

Initial appearance

Once arrested, must see defendant without “unnecessary delay” (understanding & informed of charges), plea, bail, or release

Arraignment

Formally notify defendants of their charges and ask defendant to enter a plea

Nolo contendre

dont want to fight the case.

• defendant does not admit guilt but also does not contest the charges, essentially accepting the conviction without admitting to the crime.

Alford plea

is when a defendant maintains their innocence but pleads guilty because they believe the prosecution has enough evidence to convict them

Standing mute

Stands silent and doesnt give a plea, but court enters it as a not guilty plea

Discovery

Both parties to the case learn of the evidence the opposing side will use

Pre-trail detention/release

When deciding, judges can only legally consider-ensure court appearance and maintain community well-being and safety

Motions

create a fair and just trail for either party. Mostly seen for defense

Motion for dismissal of charges

Ground: No probable cause for police to arrest defendant

• Insufficient or lack of evidence → mistake in charging docs

• Violated defendants rights, statues of limitation

Request for relief

dismiss all charges

Dismissed with prejudice

Case is closed permanently

Dismissed without prejudice

Case is temp closed, and can be reopened

Motion for a change of venue

move to another jurisdiction bc of pretrial publicity

• only defendant can file, as 6th amendment right to a trial by a impartial jury. Therefore, by changing venue gives up the right to be tried in state and district where crime happened

  ground: Difficulity obtaining an impartial jury

Motion for discovery

filed by the defense requesting that prosecution provides docs and evidence that will be used against the defendant, and witness (exculpatory- brady). Variation of types

Reciprocal discovery

Evidence shared between the parties before trial (two-way) process to share info

Motion to determine competency

To determine if the defendant is competent to stand trail

• defendant may presently be suffering from mental disease or defect rendering him mentally incompetent - unable to understand nature and consequences

Granted → evaluated by a forensic psychologist or psychiatrist

• Attempts to restore competency and proceed (in and outpatient)

Motion to suppress evidence

Exclude evidence that was obtained illegally

Motion for severance of defendants

Separate trails for co-defendants

Plea Bargaining

Progress whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition; defendant pleads guilty with reasonable expectation of receiving some consideration from the prosecutor/state

Circumstances of plea bargaining

defendant must waive rights to a jury trail, 5th amendment, confronting and cross-examining witnesses

admit the conduct made punishable, understand the charges and know the consequences

Allocation

When a guilty plea is entered, the defendant will usually be required to explain what happened to the judge, satisfies that plea is voluntary

What entails a guilty plea?

not all are results of plea bargain as

• prosecutions evidence is overwhelming

• Decides to admit guilt

3 influential factors of PB

• strength of prosecutor

• prior crim record

• seriousness of offense

Charge reduction

type of plea

• prosecutor agrees to reduce the severity of the charges in exchange for a guilty plea (less serious and lighter penatly)

Sentence Agreements

type of plea

• defendant agrees to plea guilty or no contest in exchange for a specific sentence or recc, both sides agree

Ad-hoc

type of plea

• unusual concessions defendants agree to make during the plea negotiation progress

• quid pro quo for dismissal or lenient sentence, unauthorized form of punishment as substitute for statutory established

Pros of plea bargaining

• efficiency

• economic benefit

• limited resources

• each side benefits

• Incentive cooperation

• finality

• avoid/reduce CJS impacts

Cons of plea bargaining

• Inefficient - draw out time on both sides

• undermines integrity of systems

• may not accurately reflect the crime

• coercion of innocent

• safety valve for CJS

Cutoff dates

deadline set during court process, after cut off date, plea bargaining might be prohibited after a trail has officially started, encourages a earlier resolution

Philadelphia jury waiver

mix of plea and trail'

• defendant pleads guilty, gives up 6th right, but hears from a bench trail. usually ends in guilty verdict

Racial Disparities

25% of whites are more frequently offered plea bargains, get better deals, more likely to have charges dropped (serious inital charge) than blacks

Objections

Admissible of evidence, decides whether evidence can be used in trial

• objections are said during the trail, and either side can object if they think something is wrong with the evidence

  • non competent

  • relevance

  • Opinionated

Bail

monetary amount (or prop) a defendant must pay to secure thier release- individual, family, or friend. Many used to secure (decided by judge)

• 8th amendment

• bondsman

  no money= jail time until trial

Pre-trail release decisions

Judge weighs and balance flight risk and nature of change & public safetly concerns