Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 9

2. Pretrial Criminal Process • Initial appearance: Immediately after arrest (usually 48 hours) • Magistrate informs defendant of charge, rights, appoints counsel • Bail is set by magistrate • If unable to make bond, usually detained • Misdemeanor cases---Defendant may plead guilty at this stage

3. Bail • Definition: The amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings. If the accused provides bail, by cash or a bail bond, he is released from custody. • 8th amendment prohibits “excessive bail” • Must be reasonable • Two purposes of bail---Assure appearance of defendant, and prevent another crime by defendant • Jude could set bail at amount to assure defendant will not be released

4. Types of Bail Release • Release on Recognizance (ROR): Released at no cost; little risk • Initiated in 1960’s with Manhattan Bail Project (Less than 5% failed to appear) • Originally required only a phone and job • Aimed at ending the disparity of release opportunities for rich vs. poor • Felons rarely released on ROR

5. Other Types of Bail Release • Cash bond---Often defendant cannot make this • Property bond---usually requires double the bond amount set • Bond sometimes posted by bail bondsman (For 10% fee) • Several states have outlawed bail bondsmen (Is it an ethical practice?)

6. Preventative Detention • Definition: Allows judges to deny bail to suspects with prior records or violence, or non-appearance for trial • Federal courts---Bail Reform Act of 1984 allows defendant to be held without bond to assure “safety of any other person and the community.” • Critics say detaining people who have not yet been convicted is unconstitutional

7. Preliminary Hearing---Within a “Reasonable Time” • Judge decides if evidence is sufficient for case to proceed to trial • “Mini-trial” to evaluate the evidence of prosecution • Have to only prove “probable cause,” not definite guilt • Judge rarely dismissed case at this point— • Hearing is often waived

8. The Pretrial Stage • Grand jury: a group of citizens who decide if probable cause exists • 50% of states require a grand jury to determine if case should go to trial (Not Iowa) • Secret sessions, controlled by prosecutor • Indictment: Formal charge filed by grand jury declaring there are grounds for a trial

9. Pretrial Stage • Information: Filed by prosecutor as a formal charge---replaces police complaint (not approved by grand jury) • Discovery: Process whereby the prosecutor and defense counsel may review the evidence the other party has

10. Case Attrition • Prosecutor prioritizes cases---Screens some out • Do not have resources to prosecute every case; instead considers--- • Sufficient evidence for conviction? • Case priorities—May target certain crimes • Uncooperative, unreliable victims (Domestic) • May dismiss or reduce charge for cooperating defendant

11. Pretrial Motions • Usually filed by defense counsel to contest charges filed • Motion to suppress illegally seized evidence • Change of venue • Invalid search warrant employed • Undue delay in bringing case to trial • Motion to gain access to prosecutor’s evidence

12. Arraignment • Defendant is formally charged, and must plead guilty or not guilty • May also plead no lo contendere • Neither an admission or denial of guilt • Consequences are same as for guilty plea • Try to avoid stigma of an actual plea

13. Pleas of Guilty • Plea bargaining usually takes place before the beginning of a trial • Defendant agrees to plead guilty to a certain offense, usually in exchange for a specific sentencing recommendation from prosecutor • Save court resources • Prosecutors gain a certain conviction • Agreement always subject to court approval

14. Pleas of Guilty • Some prosecutors may avoid mandatory minimum sentences with plea bargains • May help prosecutor “save” questionable case • Favorable plea agreements often the best defense counsel can do for clients • Defendants usually receive more lenient sentence than if go to trial • Partially, because most cooperate

15. Criminal Trials • Sixth amendment guarantees defendants: • Speedy and public trial • Impartial jury • Informed of the charge against them • Confronted with witnesses • Present own witnesses (compulsory appearance) • Have assistance of counsel

16. Speedy Trial Requirements • 6th amendment is not specific as to time • States vary as to time requirements • “Unwarranted delay” is prohibited • Speedy Trial Act in Federal Court--- • No more than 30 days between arrest and indictment • No more than 10 days between indictment and arraignment • No more than 60 days between arraignment and trial • Statute of limitations sets requirement for filing a charge

17. Juries • In felony cases, defendant is entitled to a trial before a jury; generally 12 citizens • If defendant prefers, he may have a trial before a judge, or a bench trial • Jury verdicts must usually be unanimous (Iowa included) • A few states allow 1-3 dissenting votes

18. Fifth Amendment Right • Defendant cannot be compelled to be a witness against himself---Right not to testify • Witnesses have same right, unless given immunity • May not hold it against defendant that he chose not to testify

19. Defendant is Presumed Innocent • The prosecutor must prove him guilty • Must be proven “beyond a reasonable doubt” • Reduces the threat of convicting innocent people • Theory---worse to convict an innocent person than to allow a guilty one to go free • Worst case scenario---death penalty

20. Selection of Jury • Goal is to obtain a cross section of community on jury • Must be: • U. S. Citizens • 18 year of age • No felony convictions • Able to understand issues of a trial • Able to comprehend English

21. Jury Process • Jury pool comes from voters or drivers’ lists • Venire is a list of all those called to duty at one time • Voir Dire: where jurors are questioned by attorneys to determine biases • Trying to find jurors who identify with their respective cause (not impartial)

22. Jury Process • Attorneys may challenge a potential juror : • “For cause,” if they appear to be biased or otherwise unfit for service (incompetent) • “Peremptory challenge,” solely on lawyer’s subjective reasoning • 5-10 for felony trials • May not use challenges to screen out jurors because of race or gender • Challenges were historically used improperly

23. Trial Process • Opening statements: summary of what lawyer intend to present as their case • Presentation of evidence: • Anything used to prove the existence or non-existence of a fact • Testimony---live statements by witnesses • Real evidence---exhibits, physical items • Direct evidence: Does not rely on inference • Circumstantial evidence: Only established fact by inference

24. Evidence • Must be relevant to be admissible, tending to prove or disprove a fact • Prejudicial evidence: tends to distract the jury from the main issues of the case • Generally includes the prior record of defendant

25. Prosecutors’ Case • Needs to present corpus delicti (body of the offense) to jury, showing facts that crime was committed • Direct examination involves questioning witnesses favorable to your position • Hearsay is testimony about a statement made by someone else---not usually admissible

26. Cross Examination of Witnesses • Opposing attorney questions witness • May use leading questions, attempts to damage credibility of witness • Followed by redirect examination, and recross examination • Each side has two chances to question each witness • Testimony is anti-climactic

27. Defendant’s Case Presentation • Not required to offer any case whatsoever • Wants to expose weaknesses in the case presented by prosecution • Focus doubt on credibility of witnesses, victims • Often attack victim’s credibility in sexual assault cases (Duke Lacrosse example)

28. Other Strategies of Defense • Alibi defense: Accused was not at the scene of crime, was elsewhere • Affirmative defenses: • Self defense--- • Insanity • Duress • Entrapment • Defendant must prove his own case

29. Final Stages of Trial • Rebuttal: Prosecution may bring forward new evidence to refute defendant’s case • Surrebuttal: Defense may then have same opportunity regarding prosecution’s evidence • Closing arguments: Attorneys summarize their cases, and emphasize shortcomings in other side’s presentation

30. Judge’s Charge to Jury • Jury instructions: Judge sets forth rules of law jury must apply in reaching their verdict • Instructions are prepared during a special charging conference with judge & lawyers • Judge explains basic legal principles and what prosecution is required to prove • If cannot agree on a verdict, it is a hung jury • 30% of cases resulted in initial unanimous vote

31. Toward a Jury Verdict (Fig. 9.9) • Jury considers the evidence and instructions as a group in private • Submits a verdict based on vote of all jurors– Unanimous in most states • If cannot agree on verdict, it is hung jury • 30% of cases resulted in initial unanimous vote

32. Possibilities for Retrial • Federal charge, if offense is both a state and federal violation (Stacy Koon) • Civil case filed by victim for damages (O. J. Simpson)

33. Appeals: Process of Seeking a Higher Court’s Review of Lower Court Ruling • Generally available to only the defense • Prosecution cannot generally appeal acquittal, due to double jeopardy prohibition • Cannot try a person twice for same crime (5th amendment) • Used to correct an error made by the trial court

34. Process of Appeal • Can ask higher court to review a policy to determine if change is required • Example– Miranda v. Arizona • Appeals Court considers— • Written briefs– legal arguments and precedents • Oral arguments • Record from lower court • U. S. Courts Of Appeals cases are final, unless appealed to the U. S. Supreme Court

35. Habeas Corpus– “You Have the Body” • Commands corrections officials to bring a prisoner before a Federal Court to hear claim he is being illegally held • Can only address constitutional issues regarding his detention