Intro to cj ch 8 ppt
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Transcript of Intro to cj ch 8 ppt
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Introduction to Criminal Justice,McKenzie Wood
Fagin, CJ2015
Chapter 8: Courtroom Participants and the Trial
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.1
8.2
8.3
8.4
Describe the jurisdiction of the courts.
Describe pretrial proceedings and the process of developing
charges for the arraignment hearing.
Summarize the purpose of bail and the various forms of bail.
Summarize the process of plea bargaining.
Explain the right to a speedy trial.
Describe the participants and the process of the criminal trial.
8.5
8.6
CHAPTER OUTCOMES
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.1 Describe the jurisdiction of the courts.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Jurisdiction8.1
The authority of the court to try a case.
Usually jurisdiction is established when somepart of the crime was committed within the geographic jurisdiction of the district court.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Municipal or County Law8.1Courts of limited jurisdiction handle
misdemeanor crimes, violations of criminal traffic laws, and lesser offenses.
• Trial is an informal process where a police officer and the defendant come before the judge.
• The police officer describes the crime, the defendant has an opportunity to defend himself or herself, and the judge determines the guilt or innocence and the punishment.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
State Law8.1
State Court of Limited
JurisdictionIf the offense is a
misdemeanor
State Court of General
JurisdictionIf the crime is a felony
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Federal Law8.1
Federal Magistrate
CourtIf the offense is a
misdemeanor
Federal District CourtIf the crime is a felony
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Double Jeopardy8.1Double jeopardy, which is the act of trying a person twice for the same offense, is prohibited by the Fifth Amendment of the Constitution.
•If the crime is a violation of both state and federal laws, the defendant may be tried in either or both courts.•This is not double jeopardy because the crime is considered a separate offense in each jurisdiction.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.2Describe pretrial proceedings and the process of developing charges for the arraignment hearing.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Pretrial Proceedings8.2
• Due process has been interpreted to mean that the government must present evidence to an impartial judicial body that a crime has been committed and that there is reasonable belief the person accused committed the crime.
• Prosecutorial discretion is when the prosecuting attorney decides if he or she wants to proceed with the case, drop it, or reduce the charges.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Pretrial Proceedings8.2• In major felony cases in which the prosecutor
and law enforcement officers work together, the prosecutor may use the grand jury to obtain an arrest warrant rather than have the police arrest the suspect on probable cause.
• The grand jury process allows the prosecutor to obtain multiple arrest warrants without disclosing this fact to the public or the defendants.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Preliminary Hearing8.2
• This is sometimes referred to as the "probable cause" hearing.
• The judge will take an active role in questioning the prosecution and defendant.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Preliminary Hearing8.2
• It is the prosecution's responsibility to convince the judge that there is probable cause to believe that (1) a crime has been committed, and (2) the defendant committed the crime.
• The defense counsel can challenge the evidence.
• The judge determines whether the case should be dismissed or whether the defendant should be arraigned.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Various Pretrial Motions8.2
Motion for continuance
Motion for change of
venue
Motion for suppressi
onMotion for discovery
Motion for dismissal
Motion for a bill of particulars
Motion forseverance ofcharges ordefendants
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.3 Summarize the purpose of bail and the various forms of bail.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Purpose of Bail8.3• In the U.S. criminal justice system, bail is a
system of pretrial release of the accused in a criminal proceeding based on a guarantee by the accused— or a bail bonds agent—that the accused will appear in court as required.
• Bail bonds agent is an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant's return to court.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Purpose of Bail8.3• The Eighth Amendment does not guarantee a
right to bail, but the protection against excessive bail.
• The Supreme Court has declared that excessive bail must be based on standards relevant to guaranteeing that the defendant will not take advantage of his or her freedom and flee prior to the trial.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Alternatives to Cash Bond8.3
Release onRecognizanc
eConditional
ReleaseUnsecured
BondSignature
Bond
To secure the pretrial release of the accused based merely
on thedefendant's unsecured promise to
appear at trial
A bail alternative in
which the defendant is
released from custody if he or she agrees to court-ordered
terms andrestrictions
A bond that releases the
defendant based on his or her
signing a promissory note agreeing to pay
the court an amount similar to a cash bail bond if he or she fails to fulfill the promise to appear at trial
A bond thatreleases the defendant
based on his or her signature
on a promise to appear in court,
usually for minor offenses such as traffic
violations
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.4 Summarize the process of plea bargaining.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Plea Bargaining8.4
A pretrial activity that involves the negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will receive some benefit, such as reduction of charges or dismissal of some charges.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Reasons for Plea Bargaining8.4• One reason for a plea deal is that preparation
for trial is a time consuming and costly endeavor, so the prosecutor's office must select which defendants to take to trial and to which defendants to offer plea bargains.
• In deciding whether to offer or accept a plea to a lesser charge, the prosecutor must make an important professional decision as to how to best serve community interests with the limited departmental resources.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Reasons for Plea Bargaining8.4• One of the reasons the prosecutor may offer a
plea bargain to a career criminal is for the purpose of clearing cases – getting a defendant to confess to multiple crimes even though they will not be charged with all of them, the cases are cleared.
• Finally, the prosecutor might not be completely confident of the evidence or witnesses.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Plea Bargaining and Sentence Bargaining8.4• Plea bargaining can be initiated by the
prosecuting or defending attorney at many different points in the criminal justice process up until the jury renders a verdict.
• In sentence bargaining, the defendant seeks leniency.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Plea Bargaining and Sentence Bargaining8.4• Sentence bargaining is negotiating with the
prosecutor for a reduction in length of sentence, reduction from capital murder to imprisonment, probation rather than incarceration, or institution where the sentence is to be served in return for a guilty plea.
• Trial penalty is when sentences for people who go to trial have grown harsher relative to sentences for those who agree to a plea.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.5 Explain the right to a speedy trial.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Right to a Speedy Trial8.5• For a case to come to trial, it must be placed on the
court docket , or calendar.
• The Sixth Amendment of the Constitution guarantees that defendants will receive a speedy trial, but the Constitution does not define what constitutes "speedy."
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Right to a Speedy Trial8.5• The statute of limitations is the length of time
between the discovery of the crime and the arrest of the defendant.
• The Speedy Trial Act of 1974 requires a specific deadline between arrest and trial in federal courts.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Landmark Court Cases 8.5
Klopfer v. North CarolinaRequires states to grant
defendants a speedy trial
Barker v. Wingo
The defendant's failure to request a speedy trial
does not negate thedefendant's right to a
speedy trial
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
8.6 Describe the participants and the process of the criminal trial.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Rules of Evidence8.6• Rules of evidence are procedural laws or
administrative rules that influence law enforcement and court practices.
• Rules of evidence define how the trial will be conducted, how evidence will be introduced, how the parties to the trial will act, and what the order of the proceedings will be.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Rules of Evidence8.6• Each state court and the federal courts have
different rules of evidence.
• A bench trial is a trial in which the judge rather than a jury makes the determination of guilt.
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Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Judge8.6• The Judge is a central figure in the trial and is
a neutral party.
• The judge determines what evidence can be presented at the trial, which witnesses can testify and about what, and when there will be courtroom breaks.
• The judge has authority over courtroom personnel, attorneys, the jury, members of the media, and the public in the courtroom.
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Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Judge8.6• Contempt of court is a charge against any
violator of the judge's courtroom rules, authorizing the judge to impose a fine or term of imprisonment.
• A gag order is a judge's order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcasted, or discussed publicly.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Defense Attorney8.6
• In any criminal trial in which the maximum punishment exceeds six months in prison, the defendant is entitled to a jury trial and the right to be represented by an attorney.
• In rare cases, the defendant may choose not to have a defense attorney but to represent himself or herself.
CJ2015James A. Fagin
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Two Types of Defense Attorneys8.6
Private Defense
AttorneysThe defendant may hire
any defense attorney registered to practice
law before the court and as many private defense attorneys as he or she
can afford.
Public Defenders
If the defendant cannot afford to hire a private defense attorney, the court will appoint and pay for an attorney to
represent the defendant.
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Duties and Participants8.6• The court reporter, also called the court
recorder, transcribes every word spoken by the judge, attorneys, and witnesses during the trial.
• The defendant is the person accused of committing a crime in a criminal case.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Duties and Participants8.6• The prosecutor is not an employee of the
court, but does represent the government.
• The prosecutor brings charges against the defendant, gathers evidence necessary to prosecute the defendant, and presents evidence at trial.
• The prosecutor's primary goal is not to convict the defendant but to see that the person who committed the crime is brought to justice and to demonstrate to the court that the evidence supports a conviction beyond a reasonable doubt.
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Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Two Types of Witnesses8.6
Lay WitnessesThey can testify to what
they saw, heard, felt, smelled, or otherwise directly experienced. Lay witnesses cannot
provide testimony as to the motivation of the
defendant.
Expert WitnessesThey can testify
regarding conclusions or hypothetical questions
based on scientific certainty, the cause of
death, or the identity of an unknown substance
that was tested.
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Jury and Jury Service8.6• The jury decides if the evidence and witnesses
prove beyond a reasonable doubt the guilt of the defendant. This is an awesome responsibility, and it is given to 12 lay persons. The jury hears evidence from the prosecution and the defense and decides which is more credible.
• The Constitution requires that defendants be tried by a jury of their peers and does not require a jury of 12 people.
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Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Jury and Jury Service8.6• Jurors are citizens required by law to perform
jury duty. The court wants jurors who are fair, competent, and able to serve.
• Major challenges for the court include selecting a fair and competent jury and deciding whether excuses given by citizens who do not want to serve on the jury are legitimate.
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Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The authority of a court within a specific geographic jurisdiction to conduct a trial is called jurisdiction.
Cases involving violations of federal law are heard in district court. Misdemeanor violations of state laws are heard in courts of limited jurisdiction, whereas felonies trials are held in state courts of general
jurisdiction.
Law enforcement and the prosecution are autonomous criminal justice agencies, but in most
cases, they work together to determine the charges to be brought against the defendant. The
Constitution requires that before trial, a defendant must be informed of the charges brought against him
or her. The defendant is arraigned in a federal or state court that will have jurisdiction over the case.
Prior to trial, a judge establishes the defendant's competency to stand trial.
8.1
8.2
CHAPTER SUMMARY
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Eighth Amendment of the Constitution recognizes the concept of bail and the fact that bail should not be excessive. Knowing that a cash bail system might
discriminate against the poor, the judiciary has established alternatives to cash bonds. These
alternatives involve a release on recognizance (ROR), a signature bond, and a conditional release.
8.3
The prosecutor's office has the responsibility for trial preparation and bears the costs associated with gathering evidence, interviewing witnesses, and
overseeing other pretrial arrangements. Plea bargaining plays an essential role in saving the courts
time and money. Plea bargaining can focus on a reduction in the charges or the defendant's length of
sentence.
8.4
CHAPTER SUMMARY
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
The Sixth Amendment provides that a defendant will receive a speedy trial, but the Constitution does not
define what time frame constitutes a speedy trial. The Supreme Court has ruled that delays caused by the defendant, such as requests for postponement and
claims related to competency to stand trial, cannot be considered denial of a speedy trial.
8.5
Rules of evidence direct the process of the criminal trial. If a rule of evidence is violated, the prosecutor or the defense attorney can appeal the case. If the judge believes that the prosecutor or the defense attorney has violated a professional standard of
conduct during trial, the judge can impose a fine or term of imprisonment for contempt of court. In a
bench trial, the judge determines the verdict. Bailiffs provide courtroom security for trials. A jury trial uses
citizens who determine the guilt of the defendant, not the judge.
8.6
CHAPTER SUMMARY