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

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