Criminal Procedure
Court Systems and Practices
Copyright and Terms of Service
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Key Terms
 Bail-jumping – defaulting on one’s own bail
 Bail bondsman – one who provides bail as a
surety for a criminal defendant’s release
 Bail bond – a bond given to a court to
guarantee the defendant will appear in
court; obtains the defendant’s release from
confinement
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Key Terms
(continued)
 Excessive bail – bail that is unreasonably
high considering the offense and the risk
that the defendant will not appear
 Surety – the person primarily liable for
the payment of another’s debt or the
performance of another’s obligation
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Police and Prosecutor
Interactions
 Role of the Prosecutor
 Supervise the legality of the procedures during the
investigation and bring the criminal action to court
 Impact police work by returning cases for further
investigation and refusing to sign warrants that are
lacking probable cause
 Check police investigations against due process
 Give instructions on certain acts or decisions
concerning particular matters
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Police and Prosecutor
Interactions (continued)
 Joint Roles
 Police and District Attorney (DA) investigators may
both be responsible for the investigation
 Prosecutors without police cooperation will have
problems investigating and presenting evidence in
court
 Police and prosecutors often have conflicting views
over the dispositions of cases
 Both parties want justice for the victims
 Both parties present evidence at trial
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Police and Prosecutor
Interactions (continued)
 Role of the Police
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Investigate the crime
Protect the victim
Provide evidence and testimony in court
Depend on prosecutors to advise them on
legal issues and hold them accountable in
regards to constitutional rights
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Police and Prosecutor
Interactions (continued)
 Role of the Police (continued)
 Criticize prosecutors when they choose not
to prosecute
 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
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Pre-trial Proceedings:
Rules of Discovery
 Discovery is the formal
process by which the
defense and prosecution
exchange information
relevant to a criminal
investigation
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Pre-trial Proceedings:
Rules of Discovery (continued)
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Provides pertinent information
Aids in adequate preparation for trial
Helps criminal justice system reach reliable outcomes
Evidence can be appropriately scrutinized and give the
accused a meaningful opportunity to challenge and test
evidence
 http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3
9.htm
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Pre-trial Proceedings:
Rules of Evidence
 General Purpose
 Restricts the content and manner of
presentation
 Ensures that the trial runs smoothly
 Protects against unfair trials
 It is the role of the prosecutor and defense to
challenge rule of evidence violations
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regulating Testimony
 Purpose is to influence opinion of the judge and jury
 Testimony must be logically connected to the issue
and deemed admissible
 Testimony that is logical to the issue is not always
admissible
 The witness must testify on firsthand information
only (Personal Knowledge Rule)
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regulating Testimony (continued)
 Testimony of character by defendant or others (The Mercy
Rule)
 “Bad character” evidence may not be submitted unless “good
character” evidence is presented first
 Witness credibility can be challenged by attacking honesty and
criminal activity
 If no good character evidence is entered, then the defendant’s
past convictions cannot be entered
 Rape victims are shielded from attacks on their sexual history
under the Rape Shield laws
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regulating Testimony (continued)
 Hearsay rules prevent testimony that is not firsthand
from being admitted
 Statements not subjected to cross-examination are
not permitted
 Expert testimony may include opinions and
references to previous witness’ testimony. Expert
testimony may be paid
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regulating Testimony (continued)
 The “Chain of Custody” rule regulates admissibility
and credibility of evidence to ensure evidence is not
tampered with or somehow altered prior to the trial
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regarding Scientific Evidence
 Include scientific or forensic evidence
 Scientific evidence entered by both sides
 DNA
 Fingerprints
 Ballistics
 Polygraph results are not considered reliable and
are inadmissible
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regarding Scientific Evidence
(continued)
 Other forms of altered consciousness
statements are not accepted
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regarding Scientific Evidence
(continued)
 The judge determines admissibility by
considering
 Validity of the evidence
 Credibility of the science behind it
 How influential the evidence may be
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regarding Confidential Information
 Privileged relationships prevent the
disclosure of private information. Privileged
relationships include
 Spouse
 Medical doctors and patients
 Attorneys and clients
 Ministers and church members
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Pre-trial Proceedings:
Rules of Evidence (continued)
 Rules Regarding Confidential Information
(continued)
 Private information cannot be released
without consent of the holder
 Confidentiality Exceptions
 Client telling his or her attorney he or she will
commit a future crime
 Holder of privileged information elects to also
include a third party in the communication
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Pre-trial Proceedings:
Bail Process
 Order of Process
 Arrest
 Booking (jail)
 Arraignment
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Pre-trial Proceedings:
Bail Process (continued)
 Order of Process (continued)
 Arraignment (continued)
 The judge determines if the subject is eligible for
bail and the cost
 The judge takes into account
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Seriousness of the crime
Flight risk
Criminal history
Ties to the community
Danger to others
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Pre-trial Proceedings:
Bail Process (continued)
 Cash Bail – the accused
pays the full amount of bail
in cash. The court may
accept checks or credit
cards
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Pre-trial Proceedings:
Bail Process (continued)
 Surety Bond (Bail Bond)
 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
 If the defendant fails to appear before the court, the
bail bondsman is responsible for paying the entire
bail amount
 A bounty hunter is then contracted to locate the
defendant and bring him or her before the court
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Pre-trial Proceedings:
Bail Process (continued)
 Release on Citation – the suspect is issued a
citation to appear before a court at a later date
 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
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Pre-trial Proceedings:
Bail Process (continued)
 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
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Resources
 Texas Code of Criminal Procedure (CCP, Art. 39.14)
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.3
9.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
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