CHAPTER 13 (CONT)
CRIMINAL JUSTICE PROCESS:
PROCEEDINGS BEFORE TRIAL
INFORMATION
 Proceed to trial for misdemeanor on prosecutor’s
information

Details nature and circumstances of the charge

Filed with court

No preliminary hearing or grand jury
 Based on info collected by prosecutor during
investigation
PRELIMINARY HEARING
 Screening device
 Is there enough evidence to require defendant to stand
trial
 Crime probably committed and defendant probably did it
 If judge finds no probable cause, case may be dismissed

May still submit case to grand jury for further review
GRAND JURY
 16-23 people who determine if sufficient cause to
believe that a person has committed a crime and
should stand trial
 5th Amendment requires grand jury indictment
before can proceed to trial for serious crime in
federal court
 Presents evidence that crime committed and
probable cause that defendant committed it
GRAND JURY (CONT)
 Neither defendant nor his attorney have right to
appear at grand jury
 No judge; no rules of evidence
 Not required to present all evidence or witnesses
FELONY ARRAIGNMENT AND PLEAS
 After indictment, required to appear and enter plea
 If plead guilty: set date for sentencing
 If plead not guilty: set date for trial and whether jury or
non jury
 Nolo contendre: don’t admit guilt but don’t contest
charges

Cannot be used at a later civil trial for damages
PRE-TRIAL MOTIONS
 Motion is formal request that court make a ruling or take action
 Motion to dismiss the case or seek advantage
 MOTION FOR DISCOVERY OF EVIDENCE
 Examine, before trial, evidence in possession of D.A.
 MOTION FOR A CONTINUANCE
 Seeks more time
 MOTION FOR CHANGE OF VENUE
 Change location to avoid community hostility, convenience of witnesses
 MOTION TO SUPRESS EVIDENCE
 Request certain evidence not to be allowed to be presented
PRE-TRIAL MOTIONS (CONT)
 Exclusionary rule gives teeth to 4th amendment
 Evidence illegally seized can’t be used to convict Defendant at trial

Includes evidence gained from illegally questionning
 File Motion to Supress
 Extended to state courts by Mapp v. Ohio
 Two arguments in support of rule:


1. Judicial Integrity
2. Deterrence
 GOOD FAITH EXCEPTION: does not apply to bar evidence obtained by
police acting in reasonable reliance on a search warrant, issued by a
detached and neutral magistrate, that is later found to be invalid
PLEA BARGAINING
 Involves granting certain concessions to defendant in
exchange for plea of guilty

Less serious charge, recommend lighter sentence
 Judge decides if made freely, voluntarily and with
knowledge of all the facts