Criminal Justice System Notes

Sequestered Jury

• A sequestered jury is isolated from the public during a trial and throughout the deliberation process.
• The judge decides whether or not a jury should be sequestered.

Batson v. Kentucky

• This court case addresses the issue of using peremptory challenges for purposeful discrimination.
• Such discrimination violates the defendant's right to an impartial jury.

Opening Statement

• The opening statement is the initial statement by attorneys.
• It describes the facts that the attorney intends to present during the trial to prove their case.

Closing Statement

• The closing argument is a narrative summation of the case presented to a judge or jury.
• It is provided by both sides at the conclusion of the trial.

Evidence

• Evidence is anything useful to a judge or jury in deciding the facts of a case.

Direct Evidence

• Direct evidence consists of facts that need not be interpreted.
• Examples include photographs and testimony.

Circumstantial Evidence

• Circumstantial evidence requires the judge or jury to make inferences or draw conclusions.

Real Evidence

• Real evidence is physical material or traces of activity, introduced as "exhibits."
• Examples include weapons, tire tracks, fingerprints, DNA, and ransom notes.

Motion

• A motion is an oral or written request asking the court to make a specific finding, decision, or order.

Motion for Discovery

• Filed by the defense, it asks the court to allow the defendant’s lawyers to view the evidence that the prosecution intends to present at trial.

Motion to Suppress Evidence

• The defense may file this motion if it believes evidence was illegally obtained, discovered during the preliminary hearing or pretrial discovery.

Motion to Dismiss Charges

• Defense counsel may request to dismiss charges under a variety of circumstances.

Motion for a Continuance

• This motion seeks to delay the start of the trial.

Motion for a Change of Venue

• This motion requests the trial be moved to another area where prejudice against the defendant is less likely.

Testimony

• Testimony is oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists.

Rules Concerning Witness/Defendant Testimony

• Witnesses must be competent to testify.
• The defendant has the 5th Amendment right not to take the stand.
• Witnesses are subject to direct and cross-examination.
• Witnesses who lie under oath commit perjury.

Hearsay Rule

• Hearsay is anything not based on the personal knowledge of a witness.
• The hearsay rule prohibits the use of "secondhand evidence."

Exceptions to the Hearsay Rule

• Dying declarations.
• Spontaneous statements.
• Certain out-of-court statements. Example: 911 tapes may be allowed unless the person is alive and in good health and can stand for questioning and cross-examination.

Judge’s Charge to the Jury

• After closing arguments, the judge instructs the jury to:
  • Select a foreperson.
  • Deliberate.
  • Return with a verdict.
• The judge may remind juries of statutory laws and the requirement of impartiality.

Hung Jury

• A hung jury occurs when the jury is unable to reach a verdict, resulting in a deadlock.

U.S. v. Allen (1896)

• This decision allows the Judge to recharge the jury, suggesting to obstinate jurors that their objections may be ill-founded if they make no impressions on the other juries.

Standard of Proof for Conviction

• The standard of proof necessary for a conviction in a criminal trial is beyond a reasonable doubt.

Problems with the Jury System

• Many jurors are ignorant of the law and legal precedent.
• Some jurors' personal opinions, biases, and emotions interfere with objectivity.
• Some jurors fear personal retaliation.

Advantages of a Professional Jury System

• Dependability
• Knowledge
• Equity

Spontaneous Statements and Dying Declarations

• Exceptions to the Hearsay Rule

Plea Bargaining

• Plea bargaining is the process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case.
• Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

Grand Juries

• Used by the federal government and about half of the states, grand juries:
  • Are made of private citizens (often 23).
  • Hear evidence only from prosecutors.
  • Are held in secret, and generally the defendant is not there.
  • Serve as filters to eliminate cases without sufficient evidence.
  • Move a case forward if the majority of grand jurors agree on an indictment.

Challenge to the Array

• A challenge to the array claims that the pool from which potential jurors are to be selected is not representative of the community.
  • It is argued in a motion before voir dire.

The Reasonable Doubt Standard

• The standard of proof necessary for a conviction in a criminal trial is Beyonda reasonable doubt

Closing Statements

• At the conclusion of the trial, both sides provide the jury with closing arguments—a narrative summation of a case presented to a judge or jury.

Circumstantial Evidence

• Requires judge or jury to make inferences or draw conclusions

Pretrial Detention

• Pretrial detention, also known as preventive detention or remand, is the process of holding someone in custody after an arrest and before their trial.

Motion to Dismiss Charges

• A variety of circumstances may result in the defense counsel’s request to dismiss charges

Motion for Continuance

• This motion seeks to delay the start of the trial

Motion for Discovery

• A motion for discovery, filed by the defense, asks the court to allow the defendant’s lawyers to view the evidence that the prosecution intendsto present at trial.

Motion to Suppress Evidence

• The defense may file a motion to suppress evidence if it learns, in the preliminary hearing or through pretrial discovery of evidence that it believes to be illegally obtained.

Types of Guilt

• Guilty
• Not guilty
• Nolo contendere – no contest, same as a guilty plea but not an admission of guilt.

Preliminary Hearing

• States that do not use grand juries rely on preliminary hearings:
  • They give the defendant an opportunity to challenge the legal basis of his detention.
  • A lower court judge summarizes the charges and reviews the rights of criminal defendants.
  • Competency to stand trial may be determined.
  • They have many of the same characteristics as a trial.

First Appearance

• At their first appearance, defendants are brought before a judge and:
  * Formally notified of the charges
  * Advised of their rights
  * Given the opportunity to retain a lawyer or have one appointed to represent them
  * Maybe afforded the opportunity for bail

Release on Recognizance

• Defendant provides written promise to appear in court. No cash or property bond required

Primary Purpose of the Criminal Trial

• The trial process is highly formalized and governed by rules of evidence and other procedural guidelines, as well as informal rules and professional expectations. The purpose is to determine the defendant’s guilt or innocence.

Types of Jury Challenges

• The challenge to the array
• Challenge for cause
• Peremptory challenge

Adversarial Court System

• The philosophy of the adversarial system is that the most just outcomes will occur when both sides are allowed to argue their cases effectively and vociferously before a fair and impartial jury.

Types of Evidence

• Direct evidence
• Circumstantial evidence
• Real evidence

McNabb v. U.S.

• …must be held “without unnecessary delay” Based on McNabb v. U.S. (1943), the standard is 48 hours.
• …may include a probable cause hearing, if arrests were made without a warrant.
• …some states waive the first appearance for arrests made based on arrest warrants.

Nolo Contendere

• Nolo contendere – no contest, same as a guilty plea but not an admission of guilt.

Purpose of Bail

• Helps ensure reappearance of the accused in Court & prevents unconvicted persons from suffering imprisonment unnecessarily.

Testimony

• Testimony—oral evidence presented by witnesses, including victims, police officers, the defendant, and specialists.

Motion

• A motion is an oral or written request asking the court to make a specific finding, decision, or order.

Purpose of Preliminary Hearing

• States that do not use grand juries rely on preliminary hearings:
  * They give the defendant an opportunity to challenge the legal basis of his detention.
  * A lower court judge summarizes the charges and reviews the rights of criminal defendants.
  * Competency to stand trial may be determined.
  * They have many of the same characteristics as a trial.

Types of Bail

• Release on Recognizance (ROR): Defendant provides written promise to appear in court. No cash or property bond required.
• Property Bond Bail: set in the form of tangible property, to become property of the court if the defendant absconds.
• Deposit Bail: The court acts as bond agent. Defendant posts percentage of full amount, including an administrative fee. Entire amount forfeited if absconds.
• Conditional Release: Defendant must abide by a set of imposed requirements.
• Third-Party Custody: Defendant assigned to an individual or agency that promises to ensure future court appearances.
• Unsecured Bond: Court determines bail amount, but allows defendant to be released on “credit.” Entire amount forfeited if absconds.
• Signature Bond: Written promise to appear. Used in minor offenses by arresting officer without assessment of dangerousness/likelihood of appearance. Formula: (\sqrt{9} = 3)