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Chapter 8- Pretrial Procedures, plea Bargaining, and the Criminal Trial

These are the lecture notes for chapter 8 week 8
Course

Introduction To Criminal Justice (CRJU 2300)

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Students shared 14 documents in this course
Academic year: 2023/2024
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University of Arkansas Pulaski Technical College

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Chapter 8- Pretrial Procedures, plea

Bargaining, and the Criminal Trial

From Arrest to Trial or Plea ● Arraignment: court appearance of an accused person in which the charges are ready and the accused pleads ● Motion: Application to court requesting that an order be issued ○ Examples ■ Order seeking evidence from the prosecution ■ Order seeking exclusion of evidence based on an improper search or seizure

Bail: Pretrial Release ● Amount of money paid as condition of pretrial release to ensure the accused appears in Court ○ Eighth amendment forbids excessive bail but does not guarantee a realistic chance of release ● Bail system facilitates discrimination against the poor ○ Professional criminals and rich people always make bail ○ The average wait is twenty-three days in jail ○ Some people plead guilty just to get back to work ● Bail Agents ○ Only used by the United States and Philippines ○ Private business people who are paid feeds by defendants who lack the money to make bail ○ Licensed by the state and can choose their own clients ○ Build relationships with officers and jailers ○ Rife with corruption ● Setting Bail ○ Prosecutor may stress seriousness of crime, defendant’s record, and negative personal traits ○ Defense attorney may stress defendant’s good job, family responsibilities, and place in the community ○ None of these factors truly speak to dangerousness and there is great bias ● Reforming the bail system ○ Key Focus of many efforts is the elimination of cash bail ■ Citation

● Reduces amount of time police spend booking and waiting in arraignment ■ Release on Recognizance (ROR) ● See Washington, D. ■ Ten Percent Cash Bail ● See Illinois ■ Bail Fund ● See NYC ■ Bail Guidelines ■ Preventive Detention ● Hearing by judge ● United States v. Salerno and Cafero

Pretrial Detention ● People who are not released before trial must remain in jail ● American jails hold almost 600,000 people on any one day ● Thus, a “presumed innocent” pretrial detainee might spend weeks in the same confined space with troubles people or sentenced felons ● Although most have cases adjudicated within six months, 15 percent of felony defendants wait more than a year ● Some would rather plead guilty than have an indefinite stay in jail

Plea Bargaining ● Quick resolution of cases by negotiated guilty pleas ○ Upheld by Santobello v. New York (1971) ● Advantages for defendants, prosecutors, defense attorneys, and judges ● Defendants can have their cases completed more quickly and known what the punishment will be ● A process in which prosecutors and defense attorneys interact again and again as they move further along in the judicial process (exchange relationships) ● Tactics: multiple indictment, delay ● Not offered in all cases

● Boykin v. Alabama (1969): defendants must state that they are making the plea voluntarily ● Missouri v. Frye (2012): 6th amendment right to counsel includes protection against ineffective assistance of counsel in the plea bargaining process ● North Carolina v. Alford (1970): Guilty plea by defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence

Voir dire: “to speak the truth;” a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict ● Presentation of the prosecution’s evidence ● Real evidence ○ Physical evidence such as a weapons,records, fingerprints, and stolen property– involved in the crime ● Demonstrative evidence ○ Evidence that is not biased on witness testimony ○ Demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence ● Testimony ○ Oral evidence provided by a legally competent witness ● Direct evidence ○ Eyewitness accounts ● Circumstantial evidence ○ Evidence provided by a witness from which a jury must infer a fact Presentation of the defense’s evidence ● Defense is not required to answer the case presented, but normally one of the following occurs ○ Contrary evidence is introduced to rebut or cast doubt on the state’s case ○ An alibi is offered ○ An affirmative defense is presented ● Fifth amendment protection against self-incrimination means that the defendant does not have to testify ● Prosecutor may not comment on, nor can the jury draw inferences from, the defendant’s decision not to appear in his or her own defense Judge’s instructions to the jury ● Jury decides facts; judge decides law ● Judge instructs jury legal principles to guide their decision ○ One is reasonable doubt- the juror must “satisfied to a moral certainty” rather than wavering or uncertain ● Realistically, juries don’t understand much of these instructions ● There is great social group pressure in jury decision making Decision by the jury ● May be sequestered ● Jury may deadlock

Appeals ● Defendant typically has the right to appeal verdict to a higher court ○ May be limited in the case of a guilty plea ○ Based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or trial process ○ Questions of procedure, not guilt or innocence ● After apparels, habeas corpus ● Judicial order requesting that a judge examine whether an individual is being property detained in a jail, prison, or mental hospital ● Only 1 percent succeed ● No right to counsel

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Chapter 8- Pretrial Procedures, plea Bargaining, and the Criminal Trial

Course: Introduction To Criminal Justice (CRJU 2300)

14 Documents
Students shared 14 documents in this course

University: University of Arkansas Pulaski Technical College

Was this document helpful?
Chapter 8- Pretrial Procedures, plea
Bargaining, and the Criminal Trial
From Arrest to Trial or Plea
●Arraignment: court appearance of an accused person in which the charges are ready and
the accused pleads
●Motion: Application to court requesting that an order be issued
○Examples
■Order seeking evidence from the prosecution
■Order seeking exclusion of evidence based on an improper search or
seizure
Bail: Pretrial Release
●Amount of money paid as condition of pretrial release to ensure the accused appears in
Court
○Eighth amendment forbids excessive bail but does not guarantee a realistic chance
of release
●Bail system facilitates discrimination against the poor
○Professional criminals and rich people always make bail
○The average wait is twenty-three days in jail
○Some people plead guilty just to get back to work
●Bail Agents
○Only used by the United States and Philippines
○Private business people who are paid feeds by defendants who lack the money to
make bail
○Licensed by the state and can choose their own clients
○Build relationships with officers and jailers
○Rife with corruption
●Setting Bail
○Prosecutor may stress seriousness of crime, defendant’s record, and negative
personal traits
○Defense attorney may stress defendant’s good job, family responsibilities, and
place in the community
○None of these factors truly speak to dangerousness and there is great bias
●Reforming the bail system
○Key Focus of many efforts is the elimination of cash bail
■Citation

Students also viewed

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