Criminal Justice Process: Proceedings Before Trial
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Transcript of Criminal Justice Process: Proceedings Before Trial
Criminal Justice Process:
Proceedings Before Trial
Chapter 13Street Law Text
pp. 155-165
• Before a criminal case is scheduled for trial, several pretrial actions must take place, that are usually standard in every case
Booking and Initial Appearance• Booking- Formal process of making a
police record of the arrest– In Processing– • Name, address, birthday, employment, previous
arrests, fingerprinting, mug shots• Possibly DNA [from fingernails or hair], urine or blood
tests for drugs/alcohol
• Usually there is an initial hearing before a judicial officer where the defendant is given information on their rights and the charges against them
• Arraignment- usually in a felony case where the defendant enters a plea [guilty, not guilty, or nolo contendere]
Bail and Pretrial Release• Bail- Amount of money posted by a defendant to be released
from jail prior to their trial• The purpose of bail is to assure the court that the defendant will return for
trial
• Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. – Usually a bond of 10% [of total bail] is required to be released from jail
– If the defendant cannot come up with that amount they usually go to a bail bondsman who posts the 10% for a fee or may have to pay the entire amount of bail
– If a defendant skips out on the bail the bondsman will send a bounty hunter after the defendant to offset his losses!
• Personal Recognizance-Personal bond, a person must promise to return for court. Usually this person must be of low risk of fleeing, and not a threat to society at all
• Conditional Release- is when a defendant is released prior to trial with one or more conditions [Drug/Alcohol treatment, House arrest, Work release, etc]
• Pretrial Detention- No release at all prior to trial
You Be the
Judge
p. 159
Information• Information- Formal accusation of the defendant, detailing the nature and
circumstances of the charge• Used when there is enough evidence to show the court the defendant should be tried [in place
of indictment, or a preliminary hearing]
• Grand Jury- Group of 16-23 that review evidence to see if there is enough to charge a person with a crime
• Indictment- Formal charge brought by a grand jury
• After an indictment, information, or preliminary hearing the defendant is required to appear in court and enter a plea– Guilty, Not Guilty, or
• Nolo Contendere- No Contest- The defendant does not admit guilt but does not challenge the charges [treated like a guilty plea, no trial]
• Preliminary Hearing- Screening process in felony case to determine if there is enough evidence to try a defendant
During the hearing the defendant may have an attorney, present evidence, and cross examine witnesses.. If the judge dismisses the case the prosecution may request a grand jury
Preliminary Hearing
Felony Arraignment and Pleas
Grand Jury
Plea Bargaining• Only about 10% of all criminal cases go to trial
• Most people plead Guilty or Nolo Contendere• The most common of these are those that sign a traffic
citation and send their fine to the court, this is usually a separate class of crime [traffic violations] but can be a misdemeanor
• Plea Bargaining-Accused agreeing to plead guilty or Nolo Contendere in exchange for a lesser charge
• Plea Bargaining is obviously very common, it saves tax payers money, and ensures that there is a conviction, even if it is for a lesser charge
Criminal Justice Process:
Sentencing & Corrections
Chapter 15Street Law Text
pp. 173-186
• Suspended Sentence- Criminal does not have to serve the sentence unless they violate some condition, or commit another crime
• Probation- Sentence involving supervision by officer of the court, may have other conditions [treatment, check ins, no-internet, etc]
• Home Confinement- Sentence to be carried out not in jail but in own home [many times electronic monitoring] must check in before they leave home for essential reasons [dr., school, work]
• Fine- Payment to court for violation of law• Restitution- making up for loss or injury of victim [payment]• Work Release- Allowed to work, but must return to jail at night or
weekends• Imprisoned- Incarceration- must serve sentence in jail or prison• Death Penalty- Capital Punishment, execution [most states today that
have the death penalty use lethal injection]• Presentence Report- Prepared by probation, recommends sentence and
details personal, work, and community history [may not be accepted by the judge]
Sentencing Options
Purposes of Punishment• What are the four goals of punishment in most
Judicial systems?– Retribution- Revenge for a crime “eye for an eye”– Deterrence- Discourage the offender and others from
committing crimes through punishments– Rehabilitation- Help convicts change their behavior so
they can be a positive contributor to society– Incapacitation- Physically separated from society, to
protect society and/or the convict
• Parole- Release from incarceration prior to completion of sentence with conditions
• Parole is not a right, and most states have limits on who is eligible for parole.
• After a minimum amount of a sentence being served a person may be eligible for parole, or if they are a model prisoner then they may become eligible
• Almost all states have parole boardsthat the person must appear beforeand actually be granted parole
• Some people that are eligible for parolenever receive parole, because of variousreasons and a no vote by the board
Parole