Pretrial and Trial Procedures

Pretrial Procedures

• Grand Jury

  • 5th Amendment role in determining charges against an accused
  • Typically consists of 16-23 individuals (usually 19)
  • Federal law mandates a grand jury for accused individuals, but state rules vary (e.g., Pennsylvania doesn't allow grand juries)

• Grand Jury Members

  • Selected randomly from voter registration and other databases
  • Requirements:
  • Age of 18
  • U.S. citizen
  • Ability to read, write, and speak English
  • One-year residency in the jurisdiction

• Grand Jury Process

  • Distinct from trial; produces an indictment (true bill) or no bill
  • Often criticized for bias towards prosecution, leading to allegations of being a “rubber stamp” for indictments
  • Grand jury proceedings and transcripts are confidential

Preliminary Hearing

• The state must demonstrate that a crime occurred and that the accused is responsible
• Both parties (prosecution and defense) present evidence
• Most defendants waive their right to a preliminary hearing

Bail

• Functions to ensure defendants appear in court; its forfeiture upon failure to appear leads to jail confinement

• Eighth Amendment: does not guarantee bail but prohibits excessive bail

  • Historical context: Early methods of securing court appearances

• Bail History

  • Wave I: Bail Reform Act of 1966 emphasized non-discrimination against poor defendants
  • Wave II: Bail Reform Act of 1984 allowed preventive detention for particularly dangerous defendants
  • Supreme Court upheld this act, emphasizing public safety over excessive detention conditions
  • Case example: United States v. Salerno (1987)

• Wave III: Contemporary changes include eliminating bail for non-violent offenders; emphasis on financial situation during bail determination

  • Examples of specific cases showing flaws in bail reform

• Types of Bail

  • Full Cash Deposit, Surety Bail, Conditional Bail, Unsecured Bail, Release on Recognizance (ROR)

Pretrial Report and Public Safety Assessment

• Prior to trial, the court collects biographical and background information from the defendant
• PSA Tool assesses risk factors to predict new criminal activity and failure to appear, based on 9 predictive factors

Arraignment

• The defendant appears before a judge to respond to grand jury indictment; the first stage of the trial process
• The defendant enters a plea (guilty, not guilty, no contest)

Trial Process

• Defendants presumed innocent; adversarial process is fundamental
• The jury is selected from a pool of community members; a critical aspect of a fair trial as per 6th Amendment

Jury Selection and Requirements

• Juries traditionally composed of 12 individuals; smaller juries have shown less reliability

• Non-unanimous jury decisions previously allowed in certain states (Oregon, Louisiana); ruled unconstitutional for felony cases post-2020

• Conviction Rates

  • Conviction rates can vary significantly by offense type and method of trial (guilty plea vs. jury trial)

Defendant's Rights

• 5th Amendment Rights: Double Jeopardy and Right to Silence
• 6th Amendment Rights: Right to a speedy trial, public trial, an impartial jury, confrontation of witnesses
  • Federal Speedy Trial Act of 1974 specifies limits on time frames for charges and trial commencement
  • Barker v. Wingo balancing test assesses whether speediness requirements have been met based on delay length, reason, assertion of rights, and prejudice caused