Criminal Justice Process:
Proceedings
Before Trial
Chapter 13
Street Law Text
pp. 155-165
• Before a criminal case is scheduled for trial, several
pretrial actions must take place, that are usually standard
in every case
Booking and Initial Appearance
• Booking- Formal process of making a
police record of the arrest– In
Processing–
•
•
Name, address, birthday, employment, previous
arrests, fingerprinting, mug shots
Possibly DNA [from fingernails or hair], urine or blood
tests for drugs/alcohol
• Usually there is an initial hearing before
a judicial officer where the defendant is
given information on their rights and the
charges against them
• Arraignment- usually in a felony case
where the defendant enters a plea
[guilty, not guilty, or nolo contendere]
Bail and Pretrial Release
• Bail- Amount of money posted by a defendant to be
released from jail prior to their trial
• The purpose of bail is to assure the court that the defendant will
return for trial
• Bail is usually set by the crime committed, the likely hood
of fleeing, and the safety of society in general.
– Usually a bond of 10% [of total bail] is required to be released
from jail
– If the defendant cannot come up with that amount they usually go to a bail
bondsman who posts the 10% for a fee or may have to pay the entire amount
of bail
– If a defendant skips out on the bail the bondsman will send a bounty hunter
after the defendant to offset his losses!
• Personal Recognizance-Personal bond, a person must
promise to return for court. Usually this person must be of
low risk of fleeing, and not a threat to society at all
• Conditional Release- is when a defendant is released prior
to trial with one or more conditions [Drug/Alcohol
treatment, House arrest, Work release, etc]
• Pretrial Detention- No release at all prior to trial
You Be
the
Judge
p. 159
Information
• Information- Formal accusation of the defendant, detailing the nature
and circumstances of the charge
• Used when there is enough evidence to show the court the defendant should be
tried [in place of indictment, or a preliminary hearing]
Preliminary Hearing
• Preliminary Hearing- Screening process in felony case to determine if there is
enough evidence to try a defendant
During the hearing the defendant may have an attorney, present evidence, and cross examine
witnesses.. If the judge dismisses the case the prosecution may request a grand jury
Grand Jury
• Grand Jury- Group of 16-23 that review evidence to see if
there is enough to charge a person with a crime
• Indictment- Formal charge brought by a grand jury
Felony Arraignment and Pleas
• After an indictment, information, or preliminary hearing the
defendant is required to appear in court and enter a plea– Guilty, Not
Guilty, or
• Nolo Contendere- No Contest- The defendant does not admit guilt but
does not challenge the charges [treated like a guilty plea, no trial]
Pretrial Motions
• Pretrial Motion- Formal request prior to a trial that
the court must rule on or take some action on
– Motion for discovery of Evidence
• Request to examine evidence gathered by prosecutor
– Motion for a Continuance
• Request to have more time to prepare for trial
– Motion for Change of Venue
• Request to move the trial to another jurisdiction, usually
because an impartial jury can not be found
– Motion to Suppress Evidence
• Request that certain evidence not be allowed during the trial
– Motion to Dismiss
• Request to have the case dismissed by the Judge, prior to trial,
because of lack of evidence [as seen by the defense]
The Exclusionary Rule
• The 4th Amendment protects citizens against
“unreasonable searches and seizures”. The
Supreme Court has put “teeth” in this by creating
and enforcing the:
• Exclusionary Rule-Evidence that is illegally seized
cannot be used at trial to convict a person
• The rule does not stop a person from being arrested or tried but
may cause difficulty in proving guilt
• Judicial Integrity-Courts should not be a party to
lawbreaking by police or prosecutors
• Deterrence-Measures taken to discourage criminal
actions usually by punishment of some sort……
• In the case of the Exclusionary Rule it attempts to deter police
from violating the 4th Amendment
Plea Bargaining
• Only about 10% of all criminal cases go to trial
• Most people plead Guilty or Nolo Contendere
• The most common of these are those that sign a traffic
citation and send their fine to the court, this is usually a
separate class of crime [traffic violations] but can be a
misdemeanor
• Plea Bargaining-Accused agreeing to plead guilty
or Nolo Contendere in exchange for a lesser
charge
• Plea Bargaining is obviously very common, it
saves tax payers money, and ensures that there is
a conviction, even if it is for a lesser charge