CHAPTER 13 (CONT)
CRIMINAL JUSTICE PROCESS:
PROCEEDINGS BEFORE TRIAL
INFORMATION
Proceed to trial for misdemeanor on prosecutor’s
information
Details nature and circumstances of the charge
Filed with court
No preliminary hearing or grand jury
Based on info collected by prosecutor during
investigation
PRELIMINARY HEARING
Screening device
Is there enough evidence to require defendant to stand
trial
Crime probably committed and defendant probably did it
If judge finds no probable cause, case may be dismissed
May still submit case to grand jury for further review
GRAND JURY
16-23 people who determine if sufficient cause to
believe that a person has committed a crime and
should stand trial
5th Amendment requires grand jury indictment
before can proceed to trial for serious crime in
federal court
Presents evidence that crime committed and
probable cause that defendant committed it
GRAND JURY (CONT)
Neither defendant nor his attorney have right to
appear at grand jury
No judge; no rules of evidence
Not required to present all evidence or witnesses
FELONY ARRAIGNMENT AND PLEAS
After indictment, required to appear and enter plea
If plead guilty: set date for sentencing
If plead not guilty: set date for trial and whether jury or
non jury
Nolo contendre: don’t admit guilt but don’t contest
charges
Cannot be used at a later civil trial for damages
PRE-TRIAL MOTIONS
Motion is formal request that court make a ruling or take action
Motion to dismiss the case or seek advantage
MOTION FOR DISCOVERY OF EVIDENCE
Examine, before trial, evidence in possession of D.A.
MOTION FOR A CONTINUANCE
Seeks more time
MOTION FOR CHANGE OF VENUE
Change location to avoid community hostility, convenience of witnesses
MOTION TO SUPRESS EVIDENCE
Request certain evidence not to be allowed to be presented
PRE-TRIAL MOTIONS (CONT)
Exclusionary rule gives teeth to 4th amendment
Evidence illegally seized can’t be used to convict Defendant at trial
Includes evidence gained from illegally questionning
File Motion to Supress
Extended to state courts by Mapp v. Ohio
Two arguments in support of rule:
1. Judicial Integrity
2. Deterrence
GOOD FAITH EXCEPTION: does not apply to bar evidence obtained by
police acting in reasonable reliance on a search warrant, issued by a
detached and neutral magistrate, that is later found to be invalid
PLEA BARGAINING
Involves granting certain concessions to defendant in
exchange for plea of guilty
Less serious charge, recommend lighter sentence
Judge decides if made freely, voluntarily and with
knowledge of all the facts
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