Chapter Eight
The Administration of Justice
After completing this chapter, you should
be able to:
1. Identify the type of court structure in the U.S.
and describe its various components.
2. Summarize the purposes of courts.
3. Identify the most powerful actors in the
administration of justice and explain what
makes them so powerful.
4. Summarize the types of attorneys available to a
person charged with a crime.
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Continued
Describe the responsibilities of a judge.
6. Describe the purposes of an initial appearance.
7. Explain what bail is and describe the different
methods of pretrial release.
8. Define grand jury and explain its purposes.
9. Describe the purposes of the arraignment and
the plea options of defendants.
10. Describe the interests served and not served by
plea bargaining.
11. List and define the stages in a criminal trial.
5.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
The American Court Structure
The U.S. has a dual court system.
The only place where the two systems
connect is in the U.S. Supreme Court.
Dual Court System
One system of state and local courts and
another system of federal courts.
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Dual Court System of the United States
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The American Court Structure
The court’s jurisdiction is set by law and
limited by territory and type of case. There
are several ways to describe a court’s
jurisdiction:
Jurisdiction
The authority of a court to hear and decide cases.
continued on next slide
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The American Court Structure

Original jurisdiction
Original Jurisdiction
The authority of a court to hear a case when it
is first brought to court.
continued on next slide
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The American Court Structure

Appellate jurisdiction
Appellate Jurisdiction
The power of a court to review a case for
errors of law.
continued on next slide
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The American Court Structure

General jurisdiction
General Jurisdiction
The power of a court to hear any type of
case.
continued on next slide
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The American Court Structure

Special jurisdiction
Special Jurisdiction
The power of a court to hear only certain kinds
of cases.
continued on next slide
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The American Court Structure

Subject matter jurisdiction
Subject Matter Jurisdiction
The power of a court to hear a particular
type of case.
continued on next slide
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The American Court Structure

Personal jurisdiction
Personal Jurisdiction
The court’s authority over the parties
to a lawsuit.
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The Federal Courts
The authority for the federal court system is
in the Constitution. The system includes:
The Supreme Court.
 The federal courts of appeals.
 The federal district courts.

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United States District Courts
Forming the base of the federal court
structure are the U.S. district courts. Two
factors determine jurisdiction of federal district
courts:
•Subject
matter of the case—Federal district courts
have jurisdiction over cases involving federal laws,
treaties with foreign nations, and Constitutional
interpretation.
•Parties to the case—Federal district courts have
jurisdiction in cases involving ambassadors or other
foreign government representatives, two or more
state governments, the U.S. government, parties of
different states or a different nation.
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United States District Courts
Trials in federal district court are usually heard
by a single judge.
 Most cases in U.S. district courts are civil.
 Federal criminal cases involve:
 Bank robbery.
 Counterfeiting.
 Mail fraud.
 Kidnapping.
 Civil rights abuses.

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Circuit Courts of Appeals
A party that loses a case in federal district court
may appeal to a federal circuit court of appeals,
or in some cases, directly to the U.S. Supreme
Court.
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Circuit Courts of Appeals
Circuit courts of appeals review a case for
errors of law, not of fact.
 Federal courts of appeals also hear appeals
of the rulings of regulatory agencies.
 Normally, three judges sit as a panel to hear
cases. Jury trials are not allowed.

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The 13 United States Circuits
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The United States Supreme Court
The U.S. Supreme Court is the court of last
resort in all questions of federal law.
 The Court may hear cases:

 Appealed from federal courts of appeals.
 Appealed directly from federal district courts.
 Appealed from the high court of a state, if claims
under federal law or the Constitution are involved.
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The United States Supreme Court
The U.S. Supreme Court is composed of:
 A chief justice.
 Eight associate justices.
 Each member of the court is appointed for life
by the president and affirmed by the Senate.
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United States Supreme Court Justices (2005)
Not Pictured: Chief Justice John Roberts (9/29/2005-present)
* Deceased (9/3/2005)
Copyright © 2007 The McGraw-Hill
Companies,
Inc. All
rights
reserved.
Courtesy
of the Supreme
Court
Historical
Society
The United States Supreme Court
In order for a case to be heard by the
Supreme Court, at least four justices must
vote to hear the case.
 When the court decides to hear a case, they
issue a writ of certiorari.

Writ of Certiorari
A written order from the U.S. Supreme Court
to a lower court whose decision is being appealed,
to send the records of the case forward for review.
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The United States Supreme Court
When the court decides a case, it can:
1.
2.
3.
4.
Affirm the decision of the lower court and “let it
stand.”
Modify the decision of the lower court, without
totally reversing it.
Reverse the decision of the lower court,
requiring no further court action.
Reverse the decision of the lower court and
remand the case to the court of original
jurisdiction, for either retrial or resentencing.
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The United States Supreme Court
An imprisoned defendant whose appeal has
been denied may try to have the Supreme
Court review his or her case on constitutional
grounds by filing a writ of habeas corpus.
Writ of Habeas Corpus
An order from a court to an officer of the law
to produce a prisoner in court to determine
if the prisoner is being legally detained or
imprisoned.
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The State Courts
The state courts have general power to
decide nearly every type of case.
There are generally four levels of state
courts:
Trial courts of limited jurisdiction.
 Trial courts of general jurisdiction.
 Intermediate appellate courts.
 State courts of last resort.

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Trial Courts of Limited Jurisdiction
The trial courts of limited jurisdiction are
usually referred to as “lower courts.”
 The lower courts typically deal with minor
cases, such as ordinance and traffic
violations.
 These cases often involve summary or bench
trials.

Summary or Bench Trials
Trials without a jury.
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Trial Courts of Limited Jurisdiction
Lower courts are not courts of record. An
appeal from a lower court requires a trial de
novo.
Trial de novo
A trial in which an entire case is reheard by a
trial court of general jurisdiction because there
is an appeal and there is no written transcript
of the earlier proceeding.
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Trial Courts of General Jurisdiction
These courts have the authority to try all civil
and criminal cases and to hear appeals from
lower courts.
They are courts of record.
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Trial Courts of General Jurisdiction
Some states have created specialty courts to
deal with certain types of crimes or chronic
social problems.
Examples: drug courts, mental-health courts,
collections courts, community courts, domesticviolence courts
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Intermediate Appellate Courts
Some smaller states have only one appellate
court, the court of last resort, usually called
the state supreme court.
However, many states have intermediate
appellate courts to reduce the case burden
on the state supreme court.
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Intermediate Appellate Courts
These appellate courts hear only appeals.
They review cases for errors of law. They
cannot refuse to hear any legally appealed
case.
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State Courts of Last Resort
In most states, the court of last resort is
called the state supreme court.
The primary responsibility of state courts of
last resort is to hear appeals from either trial
courts of general jurisdiction or intermediate
appellate courts.
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Purposes of Courts
Expert Ted Rubin outlines 10 purposes of
courts:
1.
2.
Do justice.
Appear to do justice, providing due process of
law.
Due Process of Law
The procedures followed by courts
to ensure that a defendant’s constitutional
rights are not violated.
continued on next slide
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Purposes of Courts
3.
4.
5.
Provide a forum where disputes between
people can be resolved justly and peacefully.
Censure wrongdoing.
Incapacitation.
Incapacitation
The removal or restriction of the freedom
of those found to have violated criminal laws.
continued on next slide
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Purposes of Courts
6.
Punishment.
Punishment
The imposition of a penalty for criminal
wrongdoing.
continued on next slide
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Purposes of Courts
7.
Rehabilitation.
Rehabilitation
The attempt to “correct” the personality
and behavior of convicted offenders through
educational, vocational, or therapeutic
treatment and to return them
to society as law-abiding citizens.
continued on next slide
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Purposes of Courts
8.
General deterrence.
General Deterrence
The attempt to prevent people in general from
engaging in crime by punishing specific
individuals and making examples of them.
continued on next slide
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Purposes of Courts
Determine legal status.
10. Protect citizens against arbitrary government
action.
9.
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Key Actors in the Court Process
The three key actors in the court process are:
The prosecutor.
 The defense attorney.
 The judge.

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The Prosecutor
The prosecutor is a community’s chief law
enforcement official and is responsible
primarily for the protection of society.
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The Prosecutor
The prosecutor is the most powerful actor in
the administration of justice. Prosecutors
have the authority to:
Decide whether to charge or not charge a
person with a crime.
 Decide whether to prosecute or not prosecute a
case.
 Determine what the charge will be.

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The Prosecutor
When a prosecutor elects not to prosecute,
they enter a notation of nolle prosequi
(nol. pros.).
Nolle Prosequi (nol. pros.)
The notation placed on the official
record of a case when prosecutors elect
not to prosecute.
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The Decision to Charge and
Prosecute
Ideally, prosecutors are supposed to charge
an offender with a crime and to prosecute
the case if after full investigation three, and
only three, conditions are met:



They find that a crime has been committed.
A perpetrator can be identified.
There is sufficient evidence to support a guilty
verdict.
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The Decision to Charge and Prosecute
On the other hand, prosecutors are not
supposed to:
Charge suspects with more criminal charges or
for more serious crimes than can be reasonably
supported by evidence.
 Be deterred from prosecution because juries
have refused to convict for certain types of
crimes.
 Prosecute because the public demands it.
 Prosecute because of political repercussions.

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The Decision to Plea-Bargain
Probably the most strategic source of power
available to prosecutors is their authority to
decide which cases to plea bargain.
Justice in America is dispensed mostly
through plea bargaining.

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Plea Bargaining
The practice whereby the prosecutor, the
defense attorney, the defendant, and—in
many jurisdictions—the judge agree on a
specific sentence to be imposed if the
accused pleads guilty to an agreed
upon charge or charges instead of going to
trial.
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Recommending the Amount of Bail
Although the final decision on the amount (or
opportunity for) bail rests with the judge, the
prosecutor makes the initial recommendation.
By recommending a very high bail amount, a
prosecutor can pressure a suspect to accept
a plea bargain.
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Rules of Discovery
Rules that mandate that a prosecutor provide
defense counsel with any exculpatory
evidence (evidence favorable to the accused
that has an effect on guilt or punishment) in
the prosecutor’s possession.
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Rules of Discovery
Perhaps the only weakness in a prosecutor’s
arsenal of weapons is the legal rules of
discovery.
Defense attorneys are under no obligation to
provide prosecutors with incriminating
evidence.

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Selection and Career Prospects of Prosecutors
Given the power of prosecutors in the
administration of justice, the public can only
hope that prosecutors wield their power
wisely and justly. Most of them do.
Unfortunately, political considerations and
aspirations may cause some prosecutors to
violate the canons of their position.
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Assistant District Attorneys
The workhorses of the big-city prosecutor’s
office are the assistant district attorneys who
are hired by the prosecutor. Most stay for
only two to four years because of:





Low pay.
Little chance for advancement.
Physical and psychological pressures.
Boredom.
Disillusionment with the process.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
National Survey of Prosecutors
According to a 2001 survey, there were 2,341
prosecutors’ offices in the United States. More
than 79,000 attorneys, investigators, victim
advocates, and support staff worked in those
offices.
 The total amount spent for prosecutorial
services nationwide in 2001 was
approximately $4.6 billion.

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The Defense Attorney
The Sixth Amendment to the Constitution
guarantees the right to the “effective
assistance” of counsel. Defendants have a
right to counsel during:
 Custodial interrogations.
 Preliminary hearings.
 Police lineups.
 Trial.
 Some posttrial proceedings.
 Probation and parole revocation hearings.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
The Defense Attorney
A defendant may waive the right to counsel
and appear on his or her own behalf.
In the American system of justice, the role of
defense counsel is to provide the best
possible legal counsel and advocacy within
the legal and ethical limits of the profession.
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The Defense Attorney
Most lawyers are not well trained in criminal
defense.
 Many lawyers prefer to practice other, often
more lucrative, areas of law.
 All criminal defendants are entitled to an
attorney even if they cannot afford a private
attorney.

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Criminal Lawyers
There are only a few nationally known, highly
paid, successful criminal lawyers.
 Another small group of criminal lawyers
defend professional criminals such as
organized crime members, gamblers,
pornographers, and drug dealers.
 Most criminal lawyers struggle to make a
decent living.

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Criminal Lawyers
Most successful criminal lawyers gain their
reputations by their ability to “fix” cases, that
is, get the best possible result through:
Plea bargaining.
 Strategic uses of motions.
 Relationships with the prosecutor.
 A hearing before the “right” judge.

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Criminal Lawyers
A criminal lawyer’s time is his or her most
valuable commodity.
Trials
are time-consuming, therefore criminal
lawyers often try to avoid trials.
Some attorneys resort to unethical (or illegal)
practices to ensure that they are paid for their
services.
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The Court-Appointed Lawyer
In some jurisdictions, defendants who cannot
afford a lawyer are provided with a court
appointed, private attorney.
If they are paid at all, court-appointed private
attorneys are paid a nominal sum.
 Many are not knowledgeable in criminal law.

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The Public Defender
In many jurisdictions, people who cannot
afford an attorney are provided with public
defenders.
Public defenders are paid a fixed salary by the
jurisdiction.
 Although public defenders may have a conflict of
interest because of their close working
relationship with prosecutors and judges, most
defendants prefer them because they specialize
in criminal law.

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The Contract Lawyer
A relatively new and increasingly popular way
to provide for indigent defense is the contract
system.

Private attorneys, law firms, and bar associations
bid for the right to represent a jurisdiction’s
indigent defendants, and are paid a fixed dollar
amount.
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Comparing Indigent Defense Systems
At the end of the twentieth century, 90 percent
of the nation’s 100 most populous counties
had public defender programs, 89 percent
had assigned counsel programs, and 42
percent had contract programs.
 More than $1 billion were spent on indigent
defense in the most populous counties in
1999.

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The Judge
Judges have a variety of responsibilities in
the criminal justice process:
Determining probable cause.
 Signing warrants.
 Informing suspects of their rights.
 Setting and revoking bail.
 Arraigning defendants.
 Accepting guilty pleas.
 In some jurisdictions, managing their own courtrooms
and staff.
 Allowing the jury a fair chance to reach a verdict on the
evidence presented.

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Characteristics of Judges
Judges in the United States share many
characteristics. They are generally:







White.
Male.
From upper middle-class backgrounds.
Protestant.
Better educated than most citizens.
Over 50 years of age.
Practiced privately before becoming judges.
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Selection of Judges
The two most common selection methods
are:
Election.
 Merit selection.

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Selection of Judges
In the merit selection process, also known as
the “Missouri Plan.”
 The governor appoints judges from a list of
qualified lawyers compiled by a nonpartisan
nominating commission.
 After serving a short term, the judge faces an
uncontested election in which citizens vote
whether to keep the judge or not.
 If voters elect to keep the judge, he or she
serves a full term.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Qualification and Training
In most jurisdictions, lower-court judges are
not required to be lawyers or possess any
special training.
 However, nearly all states require judges on
appellate and trial courts of general
jurisdiction to be licensed attorneys.
 Because many judges do not have
experience with criminal law or procedure,
many states require them to attend judicial
training seminars.

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Pretrial Stages
The screening process of pretrial stages
eliminates from the judicial process about
half of all the persons arrested.

Thus, a powerful “funneling” or screening
process in the administration of justice eliminates
about one-half of all persons arrested.
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Funneling Effect
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From Arrest Through Initial Appearance
Soon after most suspects are arrested, they
are taken to the police station for booking.
 Following booking, prosecutors review the
facts and decide whether the suspect should
be charged.

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Booking
The process in which suspects’ names, the
charges for which they were arrested, and
perhaps their fingerprints or photographs are
entered on the police blotter.
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From Arrest Through Initial Appearance
If the prosecutor decides that a suspect is
“chargeable,” the prosecutor prepares one of
three types of charging documents:
 Complaint.
 Information.

Grand jury indictment.
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Complaint
A charging document specifying that an
offense has been committed by a person or
persons named or described; usually used
for misdemeanors and ordinance violations.
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Information
A document that outlines the formal charge
or charges, the law or laws that have been
violated, and the evidence to support the
charge or charges.
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Grand Jury Indictment
A written accusation by a grand jury charging
that one or more persons have committed a
crime.
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From Arrest Through Initial Appearance
On rare occasions, the police obtain an arrest
warrant from a lower-court judge prior to
making an arrest.
 After charges have been filed, the suspects
are now defendants, and are brought before a
lower-court judge for an initial appearance.
They are advised of the charges against them
and their rights.

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Arrest Warrant
A written order directing law enforcement
officers to arrest a person. The charge or
charges against a suspect are specified on
the warrant.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
From Arrest Through Initial Appearance
For felonies, a hearing is held to determine
whether the defendant should be released or
held for a preliminary hearing.
 If the defendant is to be held, bail may be set.

Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
From Arrest Through Initial Appearance
The U.S. Supreme Court has held that a
“prompt” judicial hearing is required in a
warrantless arrest to determine if the officer
had probable cause to make the arrest.
 In 1991 (County of Riverside v. McLaughlin),
the Court ruled that anyone arrested without a
warrant may be held no longer than 48 hours
before a judge decides whether the arrest
was justified.

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Bail and Other Methods of Pretrial Release
A bail bond or bail allows suspects or
defendants to remain free while awaiting the
next stage in the adjudication process.
It is not a fine, but an incentive to appear.
Bail Bond or Bail
Usually a monetary guarantee deposited with
the court that is supposed to ensure that the
suspect or defendant will appear at a later stage
in the criminal justice process.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Bail and Other Methods of Pretrial Release
The amount of bail generally depends on:
The likelihood that the suspect or defendant will
appear in court as required.
 The seriousness of the crime.
 The suspect’s prior criminal record.
 Jail conditions and overcrowding.

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Bail and Other Methods of Pretrial Release
If a judge believes that a suspect or
defendant would pose a threat to the
community, the judge can refuse to set bail.
This is called preventive detention.
Preventive Detention
Holding suspects or defendants in jail without
giving them an opportunity to post bail,
because of the threat they pose to society.
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Bail and Other Methods of Pretrial Release
For people who cannot afford to post bail,
professional bonds people are available to
post it for them for a nonrefundable fee,
typically 10% of the required amount.
•Bonds people are under no obligation to
post a bond if they believe someone is a
bad risk.
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Bail and Other Methods of Pretrial Release
In practice, most bail bonds people assume
little risk.
Bonds people secure surety bonds from
insurance companies to cover their financial
liability.
 Judges have the ability to vacate outstanding
bonds, reliving bonds people of their financial
obligations.

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Bail and Other Methods of Pretrial Release
Suspects who post their own bail get it all
back after they appear.

If the suspect or defendant does not appear, the
bail is forfeited and the judge issues a bench
warrant or capias authorizing the person’s arrest.
They cannot be released on bail again.
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Bench Warrant or Capias
A document that authorizes a suspect’s or
defendant’s arrest for not appearing in court
as required.
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Bail and Other Methods of Pretrial Release
When the crime is minor and suspects or
defendants have ties to the community, they
are generally released on their own
Recognizance (ROR).
Released on their own Recognizance (ROR)
A release secured by a suspect’s
written promise to appear in court.
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Bail and Other Methods of Pretrial Release
Other nonfinancial releases are:
 Conditional release

Unsecured bond
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Conditional Release
Unsecured Bond
Conditional Release
A form of release that requires that a
suspect/defendant maintain contact with
a pretrial release program or undergo
regular drug monitoring or treatment.
Unsecured Bond
An arrangement in which bail is set but no
money is paid to the court.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Information
If the decision is made to prosecute a
defendant, in states that do not use grand
juries, the prosecutor drafts a document
called an information. The information
outlines:
The charge or charges.
 The law or laws violated.
 The evidence to support the charge or charges.

Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Preliminary Hearing
A pretrial stage used in about half of all
states and only in felony cases. Its purpose is
for a judge to determine whether there is
probable cause to support the charge or
charges imposed by the prosecutor.
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Preliminary Hearing
A preliminary hearing is both similar to a
criminal trial and different.
It is similar because:
Defendants can be represented by counsel.
Defendants can call witnesses.
It is different because:
The judge must only determine that there is
probable cause that the defendant committed
the crime.
There is no right to a jury.
Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Grand Jury
The alternative to filing an information is a
grand jury.
Grand Jury
Generally a group of 12 to 23 citizens
who meet in closed sessions to investigate
charges coming from preliminary hearings
or to engage in other responsibilities.
A primary purpose of the grand jury is to
determine whether there is probable cause
to believe that the accused committed the
crime or crimes.
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Grand Jury
Before appearing before a grand jury, the
prosecutor drafts an indictment.
Indictment
A document that outlines the charge
or charges against a defendant.
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Grand Jury
Because the grand jury has to determine
only probable cause:
Only the prosecution’s evidence and witnesses
are heard.
 In most jurisdictions, the defendant does not
have a right to be present.
 Prosecutors are allowed to present hearsay or
illegally obtained evidence.

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Grand Jury
In addition, prosecutors have the authority to
subpoena witnesses.
Subpoena
A written order to testify issued by
a court officer.
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Grand Jury
After hearing the prosecutor’s evidence and witnesses,
the grand jury makes its probable cause determination
and, usually, on a majority vote, either indicts (issues a
true bill) or fails to indict (issues no bill).
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Grand Jury
In practice, the grand jury system is criticized
for merely providing a rubber stamp for
whatever the prosecutor wants to do.
•Suspects waive the right to a grand jury
hearing in about 80% of cases. Defendants
may also waive the right to a grand jury hearing
to speed up their trial date.
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Arraignment
At an arraignment, the most common plea is
“not guilty.” Defendants may also plead
“guilty.” In some jurisdictions, defendants
may plead:
Nolo Contedere.
 Not guilty by reason of insanity.
 Or stand mute.

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Arraignment
Nolo Contedere
Arraignment
A pretrial stage; its primary purpose is
to hear the formal information or
indictment and to allow the defendant
to enter a plea.
Nolo Contedere
Latin for “no contest.” When defendants plead
nolo, they do not admit guilt, but are willing
to accept punishment.
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Plea Bargaining
Justice in the U.S. is dispensed mostly
through plea bargaining. There are three
basic types of plea bargains:
The defendant may be allowed to plead guilty to
a lesser offense.
 A defendant who pleads guilty may receive a
lighter sentence.
 A defendant may plead guilty to one charge in
exchange for the prosecutor’s promise to drop
another charge.

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Plea Bargaining
The bargain a prosecutor will strike generally
depends on three factors:
The seriousness of the offense.
 The defendant’s criminal record.
 The strength of the prosecutor’s case.

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Plea Bargaining
There is neither a constitutional basis nor a
statutory basis for plea bargaining.
Plea bargaining developed out of custom, but
has been upheld by the Supreme Court.
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Plea Bargaining
Plea bargaining is widely used because of
several factors:
It reduces uncertainty in the criminal justice
process.
 It serves the interests of the participants:

 Prosecutors get high conviction rates.
 Judges reduce their caseload.
 Defense attorneys spend less time on each case
and avoid expensive trials.
 Defendants get lighter sentences than they might
have gotten from juries, and can avoid conviction
on stigmatizing crimes such as child abuse.
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Plea Bargaining
Two types of criminal defendants are not
served by plea bargaining:
Innocent, indigent, highly visible defendants who
fear being found guilty of crimes they did not
commit.
 Habitual offenders. Prosecutors use “three
strikes” laws as bargaining chips to force repeat
offenders to accept guilty pleas.

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The Criminal Trial
One of the distinctive features of criminal
justice in the U.S. is trial by a jury of one’s
peers.
 A jury trial is an adversarial process in which
the state must show, beyond a reasonable
doubt, that the defendant is guilty.
 The judge or jury must determine and assign
guilt.

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The Criminal Trial
Only about 5% of cases are resolved through
a jury trial.
 90% are resolved through a guilty plea.
 5% are decided by a judge in a bench trial.

Bench Trial
A trial before a judge without a jury.
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The Jury
The purposes of trial by jury are:
1.
2.
3.
To protect citizens against arbitrary law
enforcement.
To prevent government oppression.
To protect citizens from overzealous or corrupt
prosecutors and from eccentric or biased
judges.
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The Jury
Jury trials are relatively rare.
When jury trials are used, seldom is the jury
composed of peers.
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The Jury
Jury pools are often drawn from voter roles,
which exclude people not registered to vote,
often including:
The poor.
 The poorly educated.
 The young.
 People of color.

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The Jury
Today, some jurisdictions use multiple
source lists for obtaining jurors.
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The Jury
From the master list of all eligible jurors,
people are randomly chosen for the venire.
Those chosen are summoned for service.
Many will be eliminated because they do not
meet basic requirements for citizenship, etc.
 Many will be excused for financial hardship or
other reasons.

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Venire
The pool from which jurors are selected.
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The Jury
From the venire, as many as 30 people are
randomly selected by the court clerk for the
jury panel from which the actual trial jury is
selected.

Potential trial jurors go through voir dire, during
which the defense, prosecution, and judge
question jurors about their backgrounds and
knowledge of the case.
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Voir Dire
The process in which potential jurors who
might be biased or unable to render a fair
verdict are screened out.
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The Jury
Potential jurors can be eliminated by either
the defense or prosecution in two ways:
“for cause”—the juror appears to be biased or
unable to render a fair verdict.
 By use of a peremptory challenge—the
prosecutor or defense can excuse jurors without
having to provide a reason.

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The Jury
Traditionally, a jury in a criminal trial consists
of 12 citizens plus one or two alternates who
will replace any jurors unable to continue.
Recently, primarily to reduce expenses, some states
have gone to six-, seven-, and eight-member juries in
noncapital criminal cases.
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The Trial Process
Before a criminal trial formally begins,
attorneys in about 10% of felony cases file
pretrial motions. Common motions ask for:
Discovery of evidence.
 Suppression of evidence.

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The Trial Process
The prosecution must establish beyond a
reasonable doubt each element of the crime.
•If the defense feels the prosecution has
not made its case, it can rest and
ask for a directed verdict or make a
motion for dismissal.
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The Trial Process
If the case is not dismissed, and the
defendant at that point is not acquitted, the
defense presents its case.
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The Trial Process
Both the prosecution and defense have the
opportunity to:
Offer rebuttals.
 Cross-examine witnesses.
 Re-examine witnesses.

Finally, both prosecution and defense
summarize their case in a closing statement.
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Stages in a Criminal Trial
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The Trial Process
The judge normally instructs the jury on:
What principles of law to consider in judging the
case.
 The charges.
 The rules of evidence.
 Possible verdicts.

The jury then withdraws and deliberates.
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The Trial Process
If the jury cannot agree beyond a reasonable
doubt that the defendant has committed the
crime, it acquits.
If the jury cannot reach a unanimous verdict,
the result is a hung jury.
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Hung Jury
The result when jurors cannot agree on a
verdict. The judge declares a mistrial. The
prosecutor must decide whether to retry the
case.
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The Administration of Justice