The Arrest and Pretrial ProcessThe Arrest and Pretrial Process

Social Science Final ProjectBy: Jacqueline Smith

I. ArrestII. BookingIII. ArraignmentIV. Preliminary HearingV. Plea BargainingVI. Pretrial MotionsVII. TrialVIII. SentencingIX. Appeals

I. ArrestII. BookingIII. ArraignmentIV. Preliminary HearingV. Plea BargainingVI. Pretrial MotionsVII. TrialVIII. SentencingIX. Appeals

The Stages of Arrest & ConvictionThe Stages of Arrest & Conviction

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

ArrestArrest

I. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about.

A. A police officer may usually arrest a person in the following circumstances:

1. The Police Officer Personally Observes a Crime

2. The Police Officer Has "Probable Cause" to Arrest

3. An Arrest Warrant Has Been Issued

I. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about.

A. A police officer may usually arrest a person in the following circumstances:

1. The Police Officer Personally Observes a Crime

2. The Police Officer Has "Probable Cause" to Arrest

3. An Arrest Warrant Has Been Issued

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

Most Importantly:During the arrest a Police Officer must inform the

Arrested Person of their “Miranda Rights”.

Miranda RightsMiranda Rights

“You have the right to remain silent. Anything you say can and will be used against you in a court of

law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they

have been read to you?”

“You have the right to remain silent. Anything you say can and will be used against you in a court of

law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they

have been read to you?”

QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

BookingBooking

I. After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed.”

A. During booking, a police officer typically:1.Takes the criminal suspect's personal information (i.e.,

name, date of birth, physical characteristics);2. Records information about the suspect's alleged crime;3. Performs a record search of the suspect's criminal

background;4. Fingerprints, photographs, and searches the suspect;5. Confiscates any personal property carried by the suspect

(i.e., keys, purse), to be returned upon the suspect's release; and

6. Places the suspect in a police station holding cell or local jail.

I. After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed.”

A. During booking, a police officer typically:1.Takes the criminal suspect's personal information (i.e.,

name, date of birth, physical characteristics);2. Records information about the suspect's alleged crime;3. Performs a record search of the suspect's criminal

background;4. Fingerprints, photographs, and searches the suspect;5. Confiscates any personal property carried by the suspect

(i.e., keys, purse), to be returned upon the suspect's release; and

6. Places the suspect in a police station holding cell or local jail.

ArraignmentArraignment

After the arrest, booking, and initial bail phases of the criminal process, the first stage of courtroom-based proceedings takes place; (arraignment).

A. During an arraignment, a person charged with a crime is called before a criminal court judge, who:

1. Reads the criminal charge(s) against the person (now called the "defendant");

2. Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney.

3. Asks the defendant how he or she "pleads to", the criminal charges; "guilty," "not guilty," or "no contest";

After the arrest, booking, and initial bail phases of the criminal process, the first stage of courtroom-based proceedings takes place; (arraignment).

A. During an arraignment, a person charged with a crime is called before a criminal court judge, who:

1. Reads the criminal charge(s) against the person (now called the "defendant");

2. Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney.

3. Asks the defendant how he or she "pleads to", the criminal charges; "guilty," "not guilty," or "no contest";

Preliminary HearingPreliminary Hearing

A. Usually held soon after arraignment, a preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial.

B. In making this determination, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s) charged.

A. Usually held soon after arraignment, a preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial.

B. In making this determination, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s) charged.

Plea BargainingPlea Bargaining

A. In a plea bargain, the defendant agrees to plead guilty to one or more charges (often to a lesser charge than one for which the defendant could stand trial) in exchange for a more lenient sentence (and/or so that certain related charges are dismissed).

A. In a plea bargain, the defendant agrees to plead guilty to one or more charges (often to a lesser charge than one for which the defendant could stand trial) in exchange for a more lenient sentence (and/or so that certain related charges are dismissed).

Pretrial MotionsPretrial Motions

A. Pre-trial motions are tools used by the government and the defense in an effort to set the boundaries for trial, if one should one take place:

1. What physical evidence and testimony can be used?

2. What legal arguments can and cannot be made?

3. Is there any reason that the defendant should not be forced to stand trial?

A. Pre-trial motions are tools used by the government and the defense in an effort to set the boundaries for trial, if one should one take place:

1. What physical evidence and testimony can be used?

2. What legal arguments can and cannot be made?

3. Is there any reason that the defendant should not be forced to stand trial?

TrialTrialA. After a criminal defendant is formally charged with a

crime, and if no plea bargain is reached, the case will proceed to the trial phase.

B. A complete criminal trial typically consists of six main phases:

･ Choosing a Jury ･ Opening Statements ･Witness Testimony and Cross-Examination ･ Closing Arguments ･ Jury Instruction ･ Jury Deliberation and Verdict

A. After a criminal defendant is formally charged with a crime, and if no plea bargain is reached, the case will proceed to the trial phase.

B. A complete criminal trial typically consists of six main phases:

･ Choosing a Jury ･ Opening Statements ･Witness Testimony and Cross-Examination ･ Closing Arguments ･ Jury Instruction ･ Jury Deliberation and Verdict

What is a Trial?What is a Trial?

A trial is the government's opportunity to argue its case, in the hope of obtaining a "guilty" verdict and a conviction of the defendant.

A trial also represents the defense's chance to refute the government's evidence, and to offer its own in some cases.

A trial is the government's opportunity to argue its case, in the hope of obtaining a "guilty" verdict and a conviction of the defendant.

A trial also represents the defense's chance to refute the government's evidence, and to offer its own in some cases.

SentencingSentencingA. After a person is convicted of a crime, whether through a

guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase.

B. A number of different kinds of punishment may be imposed on a convicted criminal defendant, including:

･ Fines;･ Incarceration in jail (shorter-term);･ Incarceration in prison (longer-term);･ Probation;･ A suspended sentence, which takes effect if

conditions such as probation are violated;

･ Payment of restitution to the crime victim;･ Community service; ･ Drug and alcohol rehabilitation.

A. After a person is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase.

B. A number of different kinds of punishment may be imposed on a convicted criminal defendant, including:

･ Fines;･ Incarceration in jail (shorter-term);･ Incarceration in prison (longer-term);･ Probation;･ A suspended sentence, which takes effect if

conditions such as probation are violated;

･ Payment of restitution to the crime victim;･ Community service; ･ Drug and alcohol rehabilitation.

AppealsAppeals

A. A person who has been convicted of a crime has a number of options for seeking additional relief from the criminal justice system; including filing an appeal to have a criminal conviction overturned or sentence reduced.

A. A person who has been convicted of a crime has a number of options for seeking additional relief from the criminal justice system; including filing an appeal to have a criminal conviction overturned or sentence reduced.