C9: Pretrial Procedures and Criminal Trial
 Who is Susan Polk?
 What were the issues with her trial?
 What do you think happened to her?
C9: Pretrial Procedures and Criminal Trial
 Define:
 Initial appearance p.221
 Bail p.221
 Release on Recognizance p.222
 Bail Bondsperson p.223
 Preventive detention p.223
C9: Pretrial Procedures and Criminal Trial
 Purpose of Bail
 Bail is guaranteed under 8th Amendment
 Not all jurisdictions have the same guidelines
for bail
 Prohibited in capital crimes
 Reasonable compared to the crime, not
compared to defendant’s ability to pay
C9: Pretrial Procedures and Criminal Trial
 Purpose of Bail
 Bail also protects community from the
defendant
C9: Pretrial Procedures and Criminal Trial
 Gaining Pretrial Release
 Release on recognizance (ROR) was introduced
by Manhattan Bail Project in 1960s
 Less than 5% fail to show for trial
 Not used for felonies
C9: Pretrial Procedures and Criminal Trial
 Gaining Pretrial Release
 Defendants may post bail with property
 Property must be double the cost of the bail
 Bondsperson can be used, but the defendant
must have collateral
C9: Pretrial Procedures and Criminal Trial
 Preventive Detention
 Judges are allowed to act “in the best interests of
the community”
 Bail Reform Act of 1984: Can set bail high to keep
suspects in jail
 16% of released are rearrested before trial
 Federal offenders can be held without bail
 Is this fair under the Constitution?
 Page 224: Innocent on Bail?
C9: Pretrial Procedures and Criminal Trial
 Define:
 Discovery p.225
 Information p.225
 Indictment p.225
 Case attrition p.226
C9: Pretrial Procedures and Criminal Trial
 Book Questions: Copy and Answer on
separate paper using pages 220 – 228
After an arrest and booking has been made,
what is the next step towards determining
guilt or innocence?
2. At what stage does a judge or magistrate
decide if there is sufficient evidence to
proceed to trial?
3. What is the formal investigation, prior to trial,
where the defense obtains information from
the prosecution?
1.
C9: Pretrial Procedures and Criminal Trial
 Book Questions: Copy and Answer on
separate paper using pages 220 – 228
4. Find the word “perfunctory” on page 225.
Write what you think it means.
5. How long does a preliminary hearing usually
last?
6. What states REQUIRE Grand Jury indictment
to charge an individual with any type of crime?
7. What is an indictment called if it comes from
a Preliminary Hearing?
C9: Pretrial Procedures and Criminal Trial
 Define:
 Nolo Contendere p.228
 Acquittal p.232
 Venire p.234
 Voir Dire p.235
 Challenge for Cause p.236
 Peremptory Challenge p.236
C9: Pretrial Procedures and Criminal Trial
 Prosecutorial Screening Process
 After an initial charge, prosecutors can add
more charges
 P. 227, fig. 9.4:
 How many arrests?
 How many prosecuted?
 How many incarcerated?
C9: Pretrial Procedures and Criminal Trial
 Case Attrition
 About half of felony cases are dismissed through
a nolle prosequi
 Why? Resources.
C9: Pretrial Procedures and Criminal Trial
 How do you decide when to prosecute?
 Look at pages 226 – 228 and put the 5 deciding
factors for prosecution into your own words
C9: Pretrial Procedures and Criminal Trial
 Prosecutorial Charging and the Defense
Attorney
 The pretrial motions are a defense attorney’s
tools to help their client.
 In your notes, copy the list of motions on page
228 and write an expected effect of each motion.
C9: Pretrial Procedures and Criminal Trial
 Steps to a Trial Diagram
 Using the flow chart on page 222, create your
own Steps Leading to a Trial on a white sheet of
paper
 Summarize or paraphrase the steps in your own
words
 Create illustrations for 5 of the steps that you
think are most interesting / important
C9: Pretrial Procedures and Criminal Trial
 Define:
 Real Evidence p. 237
 Direct Evidence p. 237
 Circumstantial Evidence p. 237
 Relevant Evidence p. 238
C9: Pretrial Procedures and Criminal Trial
 Define:
 Lay Witness p. 237
 Expert Witness p. 237
C9: Pretrial Procedures and Criminal Trial
 Jury Selection
 Requirements:
1. U.S. Citizen
2. 18 y.o.
3. No felony convictions
4. Sufficiently intelligent
5. Read, write, comprehend English
C9: Pretrial Procedures and Criminal Trial
 Jury Selection
 Jurors come from a master jury list, or jury pool,
created with DMV or voter records
 Step 1: Venire – Bring potential jurors to the
courthouse
 Step 2: Voire Dire – Jurors are given written and
oral questions to determine bias
 Step 3: Challenging potential jurors –
 For cause: Don’t speak English, have link to
defendant, etc.
C9: Pretrial Procedures and Criminal Trial
 Jury Selection
 Step 3: Challenging potential jurors:
 Peremptory: Given a limited number of them
 Issues:
 Race – Minorities were often excluded from earlier
juries
 Women – Allowed to serve since the 19th
Amendment, but given a choice until the 1970’s
C9: Pretrial Procedures and Criminal Trial
 Assignment (Part 1) p. 235:
 On a sheet of paper:
 Write the name of the trial People v. Carter(2011)
 Create a list of 5 potential Yes/No questions that
would be on a juror questionnaire for this trial
C9: Pretrial Procedures and Criminal Trial
 The Trial:
 Define:
 Hearsay p. 239
 Charge p. 242
 Hung Jury p. 243
 Allen Charge p. 244
C9: Pretrial Procedures and Criminal Trial
 The Trial:
 Plea Bargaining
 Removes the risk for the prosecution
 Sometimes the best case for the defense
 Gives the defendant a level of control over their
fate
C9: Pretrial Procedures and Criminal Trial
 Special Features of Criminal Trials
 A Speedy Trial
 Guaranteed under Sixth Amendment
 Must prove that delays are prejudicial if you want
to claim injustice
 Federal level: Speedy Trial Act of 1974:
 No more than 30 days from arrest to indictment
 Ten days from indictment to arraignment
 Sixty days from arraignment to trial
C9: Pretrial Procedures and Criminal Trial
 Special Features of Criminal Trials
 An Impartial Jury
 Duncan v. Louisiana (1968) guaranteed this for
felonies
 Most juries have 12 people
 Most votes for acquittal must be unanimous
C9: Pretrial Procedures and Criminal Trial
 Special Features of Criminal Trials
 Privilege Against Self-Incrimination
 Fifth Amendment says you cannot be compelled
to testify against yourself
 Jury must not be prejudiced against this
 Adamson v. California (1947)
C9: Pretrial Procedures and Criminal Trial
 Special Features of Criminal Trials
 Presumption of Innocence
 Innocent until proven guilty
 Media can make this difficult
 Scott Peterson’s case was moved from Modesto to
San Mateo due to fear of bias
C9: Pretrial Procedures and Criminal Trial
 Special Features of Criminal Trials
 Standard of Proof
 Guilt beyond a reasonable doubt
 Prosecution must prove it
 Is it worse to convict an innocent person or let a
guilty person go free?
C9: Pretrial Procedures and Criminal Trial
 The Trial
 Opening Statements
 Prosecution
 Defense
 Direct Evidence of Prosecution
 Cross Examination of Prosecution
 Direct Evidence of Defense
 Cross Examination of Defense
 Prosecution Rebuttal
 Defense Surrebuttal
 Closing Statements
 Defense
 Prosecution
C9: Pretrial Procedures and Criminal Trial
 The Trial
 Evidence
 Testimonial Evidence
 Lay witness v. expert witness
 Direct evidence v. circumstantial
 Circumstantial only makes a connection, direct is
enough to convict
C9: Pretrial Procedures and Criminal Trial
 The CSI Effect:
 Read page 244
 On a sheet of paper to hand in, answer in one or
two paragraphs:
 What effect has popular culture and TV such as
CSI had on the criminal justice process? Are these
effects good or bad? Why?
C9: Pretrial Procedures and Criminal Trial
 The Trial
 Prosecution’s case
 More difficult task, must present corpus delicti
 Must utilize witnesses, but cannot lead
 Witness answers must be based on their own
knowledge, not hearsay
 Sixth amendment allows for cross-examination
C9: Pretrial Procedures and Criminal Trial
 The Trial
 Rebuttal and Surrebuttal
 Prosecution can bring forth new witnesses after
the defense finishes - rebuttal
 Defense can then cross examine the new witness
and introduce new witnesses - surrebuttal
C9: Pretrial Procedures and Criminal Trial
 Final Steps
 Jury Deliberation
 Given instructions by the judge
 In extreme cases, will be sequestered – removed
from the public
C9: Pretrial Procedures and Criminal Trial
 Final Steps
 The Verdict
 Commonly, guilty or not guilty
 Can have varying degrees if instructed
 Hung jury can lead to an Allen Charge – Allen v.
United States (1896)
C9: Pretrial Procedures and Criminal Trial
 Appeals
 Only available to defense, prosecuting again
would put the defendant in double jeopardy
 Civil suit can be filed against the defendant
(Like O.J.)
 State and Federal trials can be separate
C9: Pretrial Procedures and Criminal Trial
 Why Appeal?
 1. Correct an error made during trial
 2. Review policy (laws can become outdated)
C9: Pretrial Procedures and Criminal Trial
 Habeas Corpus
 Latin for “you have the body”
 A petition that allows a prisoner to challenge
treatment during trial or imprisonment as
unconstitutional
C9: Pretrial Procedures and Criminal Trial
 Chapter 9 Assignment:
 Read “Rape Shield Laws” p. 248-250
 Answer questions 1-3 in complete sentences
 Due Tomorrow