Criminal Procedure
Course
Court Systems
and Practices
Unit X
Pre-trial
Essential
Question
What are the
steps in
criminal
procedure?
TEKS
§130.296(c)
(4)(A)(B)
Prior Student
Learning
Explore roles
and
responsibilities
of the
courtroom
workgroup;
Understand the
impact of the
U.S.
Constitution on
criminal trial
process
Estimated
Time
2 hours
Rationale
There are many steps in the criminal trial process. Students need to be familiar
with the guidelines that impact the pretrial, trial, adjudication, and appeal
processes. Students must also understand the delicate relationships that impact
these steps.
Objectives
The student will be able to:
1. Identify key terms
2. Examine the interaction between police and prosecutor in filing complaints
and making a decision to charge
3. Explain pretrial court proceedings such as rules of discovery, challenges
to evidence, and the bail process
Engage
Do an Internet search for Cold case resulted in heated relationship between
police chief, prosecutor. Read the article you find as a class. Then use the
following questions for discussion and the Discussion Rubric for assessment.
 What events caused the friction between police and prosecutors? What
could police have done better to alleviate this friction?
 What could prosecutors have done better?
 Why is it important for prosecutors to work with police?
 What do police need to better understand about the prosecutor’s job in
order to ease friction between the two?
Key Points
I. Key Terms
A. Bail-jumping – defaulting on one’s own bail
B. Bail bondsman – one who provides bail as a surety for a criminal
defendant’s release
C. Bail bond – a bond given to a court to guarantee the defendant will
appear in court; obtains the defendant’s release from confinement
D. Excessive bail – bail that is unreasonably high considering the offense
and the risk that the defendant will not appear
E. Surety – the person primarily liable for the payment of another’s debt or
the performance of another’s obligation
II. Police and Prosecutor Interactions
A. Role of the Prosecutor
1. Supervise the legality of the procedures during the investigation
and bring the criminal action to court
2. Impact police work by returning cases for further investigation and
refusing to sign warrants that are lacking probable cause
3. Check police investigations against due process
4. Give instructions on certain acts or decisions concerning particular
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matters
B. Joint Roles
1. Police and District Attorney (DA) investigators may both be
responsible for the investigation
2. Prosecutors without police cooperation will have problems
investigating and presenting evidence in court
3. Police and prosecutors often have conflicting views about the
dispositions of cases
4. Both parties want justice for the victims
5. Both parties present evidence at the trial
C. Role of the Police
1. Investigate the crime
2. Protect the victim
3. Provide evidence and testimony in court
4. Depend on prosecutors to advise them on legal issues and hold
them accountable in regards to constitutional rights
5. Criticize prosecutors when they choose not to prosecute
6. Lack of shared common goals can lead to police developing
practices that are not compatible with prosecutorial purposes, such
as relying on evidence that is inadmissible in court
III. Pre-trial Proceedings
A. Rules of Discovery
1. Discovery is the formal process by which the defense and
prosecution exchange information relevant to a criminal
investigation
a. Provides pertinent information
b. Aids in adequate preparation for the trial
c. Helps the criminal justice system reach reliable outcomes
d. Evidence can be appropriately scrutinized and then give the
accused a meaningful opportunity to challenge and test it
2. Code of Criminal procedure (CCP, Art. 39.14)
B. Rules of Evidence
1. General purpose
a. Restricts the content and manner of presentation
b. Ensures that the trial runs smoothly
c. Protects against unfair trials
d. It is the role of the prosecutor and defense to challenge rule of
evidence violations
2. Rules Regulating Testimony
a. Purpose is to influence opinion of the judge and jury
b. Testimony must be logically connected to the issue and
deemed admissible
c. Testimony that is logical to issues is not always admissible
d. The witness must testify only on firsthand information
(Personal Knowledge Rule)
e. Testimony of character by the defendant or others (The Mercy
Rule)
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f. “Bad character” evidence may not be submitted unless “good
character” evidence is presented first
g. Witness credibility can be challenged by attacking honesty and
criminal activity
h. If no good character evidence is entered, then the defendant’s
past convictions cannot be entered
i. Rape victims are shielded from attacks on their sexual history
under the Rape Shield laws
j. Hearsay rules prevent testimony that is not firsthand from
being admitted
k. Statements not subjected to cross-examination are not
permitted
l. Expert testimony may include opinions and references to
previous witness’ testimony. Expert testimony may be paid
m.The “Chain of Custody” rule regulates the admissibility and
credibility of evidence to ensure evidence is not tampered with
or somehow altered prior to the trial
3. Rules Regarding Scientific Evidence
a. Includes scientific or forensic evidence
b. Scientific evidence entered by both sides
i. DNA
ii. Fingerprints
iii. Ballistics
c. Polygraph results are not considered reliable and are not
admissible
d. Other forms of altered consciousness statements are not
accepted
e. The judge determines admissibility by considering
i. Validity of the evidence
ii. Credibility of the science behind it
iii. How influential the evidence may be
4. Rules Regarding Confidential Information
a. Privileged relationships prevent the disclosure of private
information. Privileged relationships include
i. Spouse
ii. Medical doctors and patients
iii. Attorneys and clients
iv. Ministers and church members
a. Private information cannot be released without the consent of
the holder
b. Confidentiality Exceptions
i. A client telling his or her attorney he or she will commit a
crime in the future
ii. The holder of privileged information also elects to include
a third party in the communication
C. Bail Process
1. Order of Process
a. Arrest
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b. Booking (jail)
c. Arraignment
i. The judge determines if the subject is eligible for bail and
the cost
ii. The judge takes into account
a) Seriousness of the crime
b) Flight risk
c) Criminal history
d) Ties to the community
e) Danger to others
2. Types of Bail
a. Cash Bail – the accused pays the full amount of bail in cash.
The court may accept checks or credit cards
b. Surety Bond (Bail Bond)
i. The bail bondsman pledges to pay the full value of the
bond if the accused does not appear in court. The bail
bondsman charges 10–20% and collects some sort of
collateral that usually involves a friend or a relative
ii. If the defendant fails to appear before the court, the bail
bondsman is responsible for paying the entire bail
amount
iii. A bounty hunter is then contracted to locate the
defendant and bring him or her before the court
a. Release on Citation – the suspect is issued a citation to
appear before a court at a later date
b. Release on Own Personal Recognizance – the suspect is
responsible for showing up to court dates and does not pay
bail. It is highly unlikely the person will flee and not appear for
court
c. Property Bonds – the defendant provides property as a bond
and a lien is placed on the property. If the defendant fails to
show for court the property is foreclosed on to recover the bail
Activities
Texas Code of Criminal Procedure. Give each student a Texas Code of
Criminal Procedure (CCP, Art. 39.14) handout. Have the students read over
the Rules for Discovery as outlined in this article of the CCP. Have students
make a list of all the items that must be disclosed according to this rule. Then
have students write a brief interpretation of the rules of discovery. Use the
Writing Rubric for assessment.
Assessments
Criminal Procedure Exam and Key
Criminal Procedure Brochure Rubric
Discussion Rubric
Individual Work Rubric
Writing Rubric
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Materials
Criminal Procedure computer-based presentation
Texas Code of Criminal Procedure (CCP, Art. 39.14) handout
Internet access
Supplies to make brochures or desktop publishing software
Resources
Texas Code of Criminal Procedure (CCP, Art. 39.14)
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm
Do an Internet search for the following:
 Cold case resulted in heated relationship between police chief,
prosecutor
 Lawfirms evidence in criminal trials
 How bail works
 Relationship between the Prosecution Service and the Police
Accommodations for Learning Differences
For reinforcement, bring in two guest speakers, one police officer and one
prosecutor (either city or county), and have them talk about their
relationship in the criminal justice system. Before the speakers come, but
after completing this lesson, have students write five questions for each
speaker. The questions must be submitted to the instructor for review. The
most worthy questions will be selected to ask the guest speakers during
their presentation. Use the Individual Work Rubric for assessment.
For enrichment, have students prepare a brochure explaining the bail process.
The brochure should include the five types of bail, an outline of the bail
process, and specific information about how bail is granted. The brochure
should be tri-fold and easy to read. Use the Criminal Procedure Brochure
Rubric to assess student understanding.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(4)
The student examines the steps by which a criminal charge is
processed through pretrial, trial, adjudication, and the appellate
stages. The student is expected to:
(A)
examine the interaction between police and prosecutor in
filing complaints and making a decision to charge;
(B)
explain pretrial court proceedings such as rules of
discovery, challenges to evidence, and the bail process;
College and Career Readiness Standards
English/Language Arts Standards
II. Reading
B Understand new vocabulary and concepts and use them accurately
in reading, writing and speaking.
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1. Identify new words and concepts acquired through study of their
relationships to other words and concepts.
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Texas Code of Criminal Procedure (CCP Article 39.14)
Art. 39.14. DISCOVERY.
(a) Upon motion of the defendant showing good cause therefore and upon notice to the other
parties, the court in which an action is pending shall order the State before or during trial of
a criminal action therein pending or on trial to produce and permit the inspection and
copying or photographing by or on behalf of the defendant of any designated documents,
papers, written statement of the defendant, (except written statements of witnesses and
except the work product of counsel in the case and their investigators and their notes or
report), books, accounts, letters, photographs, objects or tangible things not privileged,
which constitute or contain evidence material to any matter involved in the action and
which are in the possession, custody or control of the State or any of its agencies. The
order shall specify the time, place and manner of making the inspection and taking the
copies and photographs of any of the aforementioned documents or tangible evidence;
provided, however, that the rights herein granted shall not extend to written
communications between the State or any of its agents or representatives or employees.
Nothing in this Act shall authorize the removal of such evidence from the possession of the
State, and any inspection shall be in the presence of a representative of the State.
(b) On motion of a party and on notice to the other parties, the court in which an action is
pending may order one or more of the other parties to disclose to the party making the
motion the name and address of each person the other party may use at trial to present
evidence under Rules 702, 703, and 705, Texas Rules of Evidence. The court shall specify
in the order the time and manner in which the other party must make the disclosure to the
moving party, but in specifying the time in which the other party shall make disclosure the
court shall require the other party to make the disclosure not later than the 20th day before
the date the trial begins.
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Name________________________________
Date__________________________
Criminal Procedure Exam
1)
Under the Rules of Regulating Testimony, "bad character" evidence may not be entered
unless:
a) Witness credibility can be challenged
b) The "Mercy Rule" is enacted
c) Good character evidence is entered first
d) Testimony is logical to issue
2)
Witnesses must testify only to firsthand information. This guideline comes from which
rule?
a) Personal Knowledge Rule
b) The Mercy Rule
c) Rape Shield Law
d) Good Character Rule
3)
Which rule regulates admissibility and credibility of evidence to ensure evidence was
not tampered with or somehow altered prior to trial?
a) Personal Knowledge Rule
b) The Mercy Rule
c) Chain of Custody
d) Good Character Rule
4)
Expert testimony may include which of the following?
a) Character testimony
b) Opinion about and references to previous witness testimony
c) Illogical testimony that is inadmissible
d) Bad character evidence along with the criminal history of the defendant
5)
Rape Shield laws protect against which of the following?
a) Testimony that is not first-hand but is being admitted
b) Bad character evidence that is being admitted prior to good character evidence
c) Victims being attacked based on their ethnicity
d) Rape victims being attacked about their sexual history
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6)
Which of the following is not a form of scientific evidence?
a) Polygraph
b) DNA
c) Ballistics
d) Fingerprints
7)
Which is not a factor that the judge uses in determining admissibility of scientific
evidence?
a) Validity of evidence
b) If evidence is scientific or forensic
c) Credibility of the science behind it
d) How influential the evidence may be
8)
Under the Rule of Confidentiality, which of the following is not considered a privileged
relationship?
a) Spouse
b) Attorney and a client that says he will commit another crime
c) Medical doctors and patients
d) Ministers and members
9)
Defaulting on one’s bail is called what?
a) Bail-jumping
b) Bail bondsman
c) Surety
d) Bail bond
10)
One who provides bail as a surety for a criminal defendant’s release is called?
a) Bail-jumping
b) Bail bondsman
c) Bail bond
d) Property bond
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11)
A bond that is given to a court to guarantee that the defendant will appear in court and
obtains the defendant’s release from confinement is called what?
a) Cash bail
b) Surety bond
c) Recognizance bail
d) Bail bond
12)
The person primarily liable for the payment of another’s debt or for the performance of
another’s obligation is called?
a) Surety
b) Bail bond
c) Bail bondsman
d) Cash bail
13)
Which is not a type of bail?
a) Cash bail
b) Property bond
c) Surety
d) Own personal recognizance
14)
When the accused pays the full amount of bail with cash, check or credit card it is
called what?
a) Surety bond
b) Cash bail
c) Property bond
d) Release on citation
15)
The bail bondsman pledges to pay the full value of the bond if the accused does not
appear in court. A bounty hunter is contracted if the defendant does not appear for
court. This describes which of the following?
a) Cash bail
b) Bail bond
c) Surety bond
d) Property bond
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16)
Suspects who are issued citations must do what?
a) Pay a bail bond
b) Be booked into jail
c) Appear before a judge immediately
d) Appear before the court at a later time
17)
The suspect is responsible for showing up for the court date and does not have to pay
bail is called what?
a) Release on citation
b) Surety Bond
c) Own Personal recognizance
d) Property Bond
18)
The defendant provides the property as a bond and a lien is placed on the property. If
the defendant fails to appear for court, the property will be foreclosed. This describes
which of the following?
a) Own personal recognizance
b) Surety bond
c) Cash bail
d) Property bond
19)
The formal process by which the defense and the prosecution exchange information
relevant to a criminal investigation is called what?
a) Challenge of evidence
b) Discovery
c) Rule Regulating testimony
d) Rule regarding scientific evidence
20)
The Rule of Discovery does all of the following except:
a) Provides pertinent information
b) Appropriately scrutinizes evidence
c) Resists adequate preparation for trial
d) Helps the criminal justice system reach reliable outcomes
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21)
Criminal cases can be investigated by whom?
a) Police
b) Prosecutor's investigator
c) Prosecutor’s investigator and/or the police
d) None of the above
22)
Which of the following is a main job of the prosecutor?
a) Dismiss cases
b) Supervise legality of procedures
c) Arrest suspects
d) Determine the amount of bail
23)
Police depend on prosecutors to advise them about which of the following?
a) Legal issues
b) Hold them accountable on constitutional issues
c) Both a and b
d) None of the above
24)
Which of the following is not a stressor in the relationship between police and
prosecutors?
a) Prosecutors decide not to prosecute a case
b) Both prosecutors and police work together to bring criminal action to court
c) Relying on evidence that is inadmissible
d) Cases are returned for lack of probable cause
25)
Which of the following is not true regarding evidence?
a) Restricts the content and the manner of the presentation
b) It is the role of the police to challenge rule of evidence violations
c) Ensures that the trial runs smoothly
d) Protects against an unfair trial
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Criminal Procedure Exam Key
1. C
2. A
3. C
4. B
5. D
6. A
7. B
8. B
9. A
10. B
11. D
12. A
13. C
14. B
15. C
16. D
17. C
18. D
19. B
20. C
21. C
22. B
23. C
24. B
25. B
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Name_______________________________________
Date_______________________________
Criminal Procedure Brochure Rubric
Objectives
Attractiveness and
Organization
Content Accuracy
Knowledge Gained
4 pts.
Excellent
The brochure has
exceptionally
attractive formatting
and well-organized
information.
Includes:
-The five types of
bail
-An outline of the
bail process
-Specific
information about
how bail is granted
Students can
accurately answer
all questions
related to the facts
in the project and
the processes used
to create the
project.
3 pts.
Good
The brochure has
attractive formatting
and well-organized
information.
2 pts. Needs Some
Improvement
The brochure has
well-organized
information.
Includes all but one:
-The five types of
bail
-An outline of the
bail process
-Specific information
about how bail is
granted
Students can
accurately answer
most questions
related to facts in
the project and
processes used to
create the project
Includes all but two:
-The five types of bail
-An outline of the bail
process
-Specific information
about how bail is
granted
Student can
accurately answer
some of the
questions related to
facts in the project
and processes used
to create a project.
1 pt. Needs Much
Improvement
The brochure's
formatting and
organization are
confusing to the
reader.
Excludes all but one:
-The five types of bail
-An outline of the bail
process
-Specific information
about how bail is
granted
N/A
Pts.
Student appears to
have insufficient
knowledge about the
facts or processes
used in the project.
Total Points (12 pts.)
Comments:
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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