The Trial

The Trial

The Trial Chapter 9 in Your Text John Massey Criminal Justice After the arrest has been made The Initial Appearance Occurs after an arrest has been made -brief, informed of charges -given date for Preliminary hearing Do you release or detain? Bail

Amount of money paid by defendant to court until defendants return A promise to return Reasonable Three Factors in Setting Bail Uncertainty Risk Overcrowded Jails Released on Recognizance Bail Bondsman Preventive Detention Preliminary Hearing & Grand Jury Preliminary Hearing

Grand Jury Defendant appears before the judge Is there sufficient evidence to proceed to trial? Some cases dropped Group of citizens Determine probable cause Federal Government and Some States Decides whether or not a case should continue Indictment (charge that probable cause does in fact exist) Factors to Consider When Deciding to Further Prosecute

1) Sufficient evidence? 2) Case priorities 3) Uncooperative victims 4) Unreliability of victims 5) Is defendant willing to testify against others? Pretrial Motions & The Arraignment Defense can request specific actions Arraignment 1) suppress evidence gained illegally 2) change of venue 3) invalidate a search warrant 4) obtain evidence that prosecution may be withholding

5) dismiss because of delay Formal charge with crime stated in indictment Suspect enters plea (guilty, not guilty, nolo contendre) Plea Bargaining After arraignment, before trial begins Defense & Prosecution agreement Most cases stop here Cuts down caseloads, saves time, moves process along and efficient Should be mutually beneficial Unique Features of a Criminal Trial Speedy Trial Right to Jury Trial

States decide (in misdemeanor cases) Sometimes bench trials Right Against Self-Incrimination 6th amendment 5th Amendment No person is required to be a witness against him/herself The Burden of Proof Beyond a reasonable doubt Guilt is clear and unquestionable The Jury Jury Selection

Citizen of the U.S. 18 & up in age No felonies Pulled from community Voir Dire DMV lists, Voter Registration, Welfare Lists to tell the truth -jurors provide info, attorneys ask questions Screening process Preemptory challenges

Each attorney allowed a certain number of challenges Can exclude jurors from serving w/out any reason/cause Some states 5 or 6 challenges, some as many as 10 Virginia has 4 The Trial Opening Statement Both attorneys give general facts of the case Evidence Used to prove the existence or lack of a fact Three main types Direct witnessed by person giving testimony Circumstantial indirect, can create an inference/likelihood Relevant proves or disproves fact in question (DNA/forensics)

Witnesses Two types Lay Witnesses turthfully and accurately testify on a fact in question without an special training or knowledge (ordinary witness) Expert Witnesses witness with professional training or experience in certain area Witness Questioning Two types Direct Examination and Cross Examination Direct: Cross:

Defense will question the prosecutions witness Hearsay: Prosecutor calls witness to stand to testify Questions that witness Testimony given about a statement made by someone else Usually not admissible Defense is challenged with creating reasonable doubt in order to get their clients found not guilty Later Stages of the Trial Defense closes case Prosecution can bring in new evidence (rebuttal stage) Defense has same opportunity

Closing Arguments In most states, defense goes first, then prosecution Shifting the Power to the Jury Judge informs jury of charges/crimes and guides them Jury goes into deliberation, decides outcome Verdict issued by jury (usually guilty or not guilty) If unable to agree on unanimous verdict hung jury Appeals Appeals Two Reasons for Appeals

Correct error made in trial Review policy Double Jeopardy Defendant can appeal Higher court reviews lower courts decision Must question Constitutional issue or illegality No individual should be tried twice for same offense Habeas Corpus you have the body Judicial order Writ of Habeas Corpus only Constitutional Issues

Recently Viewed Presentations

  • Six Traits of Writing - Kyrene School District

    Six Traits of Writing - Kyrene School District

    The principal, who just happened to be walking by Word Choice Memorable moments Strong verbs, precise nouns-no modifier overload-very, so, like "Just right" language-suits the topic, the audience, and the purpose Simple language used well-not written to impress Do not...
  • ePortfolio - Newcastle University

    ePortfolio - Newcastle University

    Researcher Development Framework. RDF: integrated with Training Programme, ePortfolio Skills & Training Needs Analysis. The Joint Skills Statement has now been replaced by one framework which is intended to be useful for the professional development of researchers at all levels.
  • How to Use This Presentation

    How to Use This Presentation

    How to Use This Presentation ... It is the smallest of known planets and is even smaller than Earth's moon. Pluto is very cold and may be best described as an ice ball that is made of frozen gases and...
  • FODAVA-Lead Education, Community Building, and Research: Dimension Reduction

    FODAVA-Lead Education, Community Building, and Research: Dimension Reduction

    Haesun Park and Guy Lebanon School of Computational Science and Engineering Georgia Institute of Technology ... (Eric E Monson, Rachael Brady, Guangliang Chen & Mauro Maggioni) VAC Consortium Meeting Poster/Demo Session " (Eric E Monson, Rachael Brady, Guangliang Chen &...
  • MAIN TITLE - Red Squirrels United

    MAIN TITLE - Red Squirrels United

    Grey Squirrel Management Sessions - David Bavin, Julie Bailey, Peter Armstrong, Rachel Cripps, Ryan Greenwood, Mike Green. LUNCH. Addressing Squirrel Pox Virus and Biosecurity. Early Warning System. COFFEE. Measuring Success. People and Squirrels. Lesson learning
  • HEAL Conference 2015 Presented by: LaDonna Patton, MSN,

    HEAL Conference 2015 Presented by: LaDonna Patton, MSN,

    Delegation of Insulin & Glucagon Administration in the School Setting. Act 2014-437 made this LAW. This was the best collaborative effort that could be achieved. Documentation in the IHP (Individualized Health Plan) is more important than ever before!!! Delegation for...
  • Optimizing Similarity Computations for Ontology Matching ...

    Optimizing Similarity Computations for Ontology Matching ...

    Concepts with attributes (name, synonym) Possible match strategy in GOMMA* Compare name/synonym values of concepts by a string similarity function, e.g., n-gram or edit distance. Two concepts match if one value pair is highly similar
  • Weekly World Watch

    Weekly World Watch

    Weekly World Watch. Bell Ringer 2/8/2017. To NOT lose your points, within 23 seconds after the bell you should: Be SITTING in your assigned seat. Silent. Have your . pink bell ringer . sheet OUT. Be COMPLETING your . bell...