Criminal Courts: Structure, Process, and Issues - Pretrial Procedures and the Trial Process Study Notes

Criminal Courts: Structure, Process, and Issues

Chapter 7: Pretrial Procedures and the Trial Process - Learning Objectives

  • Overview of Chapter: This chapter focuses on critical pretrial procedures and the trial process.
Learning Objectives (1 of 2)
  • Understand the processes of:
    • Arrest and booking of suspects.
    • Initial appearance in court.
    • Conditions and granting of bail.
  • Summarize the Bail Reform Act of 1984 and its implications.
  • Identify the role of fugitive recovery agents (bounty hunters).
  • Explain the necessity of a speedy trial for defendants.
  • Compare bench trials versus jury trials.
Learning Objectives (2 of 2)
  • Understand the trial process from indictment to jury instructions.
  • Recognize various pretrial motions:
    • Motion to suppress.
    • Motion for dismissal.
    • Motion for discovery.
    • Motion for continuance.
    • Motion for change of venue.
  • Describe opening arguments and their purposes.
  • Analyze the state’s case presentation, including cross-examination rights.
  • Understand the role of eyewitnesses and expert testimony.
  • Summarize defense presentation and closing arguments.
  • Analyze jury deliberation processes and verdict requirements.

Introduction

  • Processing of Defendants: The whole criminal justice process, from arrest to conviction, can impact the defendant's opportunity for appeal or legal challenges in higher courts.

Arrest and Booking

Arrest
  • Definition: Arrest refers to taking offenders into custody; typically performed by police officers.
  • Terminology: Persons who are arrested are referred to as arrestees.
  • Little details: For misdemeanor or felony cases, officers must have reasonable suspicion to detain individuals for investigation.
  • Probable Cause: Following detention, if officers acquire probable cause, they can formally arrest suspects for further processing.
Booking
  • Definition: Booking is the administrative process of obtaining personal background information about arrestees.

Initial Appearance

  • Definition: The initial court appearance involves informing defendants of the charges against them, post-booking.
  • Importance: Ensures defendants understand the specific charges they face.

The Right to Bail

  • Historical Context: Rights against unreasonable searches, double jeopardy, self-incrimination, trial by jury, and bail stem from early English common law and are embodied in the Bill of Rights.
Bail
  • Definition: Bail is a surety that ensures an arrested individual's appearance in court.
  • Bail Bond: A written assurance often backed by money or securities to confirm a suspect's return for trial.
Bail Bondsmen and Bonding Companies
  • Functions: Bail bondsmen and bonding companies post bail for suspects and charge a non-refundable fee (typically 10%) for their services.
Criticisms of Bail
  • Eighth Amendment Context: States excessive bail and fines should not be imposed.
  • Social Implications: Criticisms include:
    • Bail discriminates against the poor, preventing them from preparing a defense.
    • Longer sentences are often given to detained individuals.
Competing Goals of Bail
  • Extralegal Variables: Race, gender, and socioeconomic status may unfairly influence bail decisions, despite their irrelevance to legal processes.

The Bail Reform Act of 1984

  • Overview: This law allows magistrates and judicial officers greater discretion in determining bail eligibility.
  • Special laws: Some states have enacted laws denying bail to violent sex offenders.

Preliminary Hearings

  • Definition: Occurs after the initial appearance to determine probable cause exists for a charge against the defendant.

Grand Jury Action

  • Definition: Grand juries, composed of citizens, examine evidence from a prosecutor to decide whether to indict.
    • True Bill vs. No Bill: A true bill leads to arraignment; a no bill results in dismissal of charges.

Arraignments

  • Purpose: Formal proceeding to inform defendants of charges and allow them to enter pleas (guilty, not guilty, nolo contendere).
Guilty Pleas
  • Nature: A guilty plea is akin to a confession; judges ensure it's voluntary and that defendants understand the charges against them.
Not Guilty Pleas
  • Consequences: Leads to a trial date being set; the judge decides if bail continues based on the defendant's status.
Nolo Contendere Pleas
  • Definition: A plea where the defendant does not contest the charges but does not admit guilt, preserving their right to challenge the law's validity.

The Speedy Trial Act

  • Provisions: Requires that if a not guilty plea is entered, the trial must start within 70 days from indictment or arraignment, with specific conditions for delay.

Jury versus Bench Trials

  • Jury Trials: A panel of 12 jurors hears felony cases, where defendants have the right to a jury trial.
  • Bench Trials: Conducted by a judge without a jury, typically for minor offenses.
Right to a Jury Trial
  • Those charged with felonies are guaranteed this right; jurors decide guilt or innocence, while the judge sentences if necessary.

The Trial Process

  • Frequency of Trials: Most criminal cases are resolved through plea agreements rather than trials.

Opening Arguments

  • Conduct: Prosecutor speaks first unless waived; defense follows, with significant leeway in addressing the jury.

The State Presents its Case

  • Process: Prosecution introduces evidence; witnesses are sworn to ensure truthfulness during direct examination.
Re-Direct Examination
  • Definition: A follow-up questioning by the party that called the witness, aimed at clarifying or elaborating on previous testimony.
Re-Cross-Examination
  • Importance: Entitles either side to further examine witnesses based on new evidence or connections made during the trial.

Impeaching Witnesses

  • Definition: Challenges a witness's truthfulness; defense attorneys have multiple strategies to impeach credibility.

Eyewitnesses and Expert Witnesses

  • Role of Experts: Testimony can include forensic analysis, mental state evaluations, and more; this type of testimony plays a critical role in linking the defendant to the crime.

Victim-Witness Assistance Programs

  • Purpose: Provide support to witnesses, helping them understand court processes and feel comfortable within the justice system.
Children as Eyewitnesses
  • Concerns: Child witnesses' reliability, especially in sexual abuse cases, raises significant issues, often with the involvement of parents in the decision to testify.

Trial Proceedings

  • Defense Motions: Defense can request a directed verdict of acquittal if the prosecution hasn't met its burden of proof.

The Defense and Summation

  • Defense Strategy: The defense presents evidence and witnesses favorable to the defendant; defendants may choose whether to testify.
The 5th Amendment
  • Right Not to Testify: Protects defendants from self-incrimination, but not testifying may lead the jury to infer guilt.

Jury Deliberations

  • Process: After final arguments, the jury receives instructions on deliberation procedures to reach a verdict.
Jury Deliberation Process
  • Steps: Deliberation involves setting an agenda, reviewing evidence, voting, and reaching consensus or declaring a hung jury if undecided.

Must Juries Agree on a Verdict?

  • Federal Courts: Require unanimous verdicts from a 12-person jury.
  • State Courts: May require fewer jurors (down to six), varying state guidelines.

The Verdict and its Aftermath

  • Procedure: Jury returns the verdict; a “not guilty” decision leads to the defendant's release.
Consequences of a Guilty Verdict
  • Rights of Defendant: The defendant has the right to appeal; a request for directed verdict can be made post-verdict, which may or may not be granted by the judge.
  • Appeals Process: The appeal can take years, often requiring review by higher courts before reaching the U.S. Supreme Court.