ch 7

CHAPTER 7COURT PROCESS

CJ 101

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PRETRIAL ACTIVITIES

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First Appearance/Arraignment

Before judge:-jurisidction -charges

-rights

-lawyer

-bail

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4First Appearance

McNabb v. U.S. (1943):

-“without unnecessary delay”

-48-72 hours

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RISKS: -flight/safety

Consider: -charges/record/history/release options

Pretrial Release

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Bail: -bond/pledge

Purposes: -reassure return/prevent detention

Pretrial Release

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Mini trial:

-detention -charges/rights -prosecution case/not defense -Prima facie

Preliminary Hearing

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8Plea Bargaining

-prosecution/defense/victim/judge

-guilty pleas-conviction

-90%

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THE CRIMINAL TRIAL

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The Nature and Purpose of the Criminal Trial:

Formalized:

-due process

-rules (formal/informal)

-guilt/innocence

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Pearson Prentice Hall

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Stages in a Criminal Trial

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Trial Initiation and the Speedy Trial

6th Amendment:-speedy/public trial

Klopfer v. North Carolina (1967) fundamental guarantee

Baker v. Wingo (1972) violated even w/o objection

Strunk v. U.S. (1973) dismissal of all charges

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6th Amendment:

-impartial /unbiased

-voir dire

Jury Selection

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14Challenge to the Array

-pool not representative of community

-motion before voir dire

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15Challenge for Cause

-juror not impartial/fair

-unlimited number

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16Peremptory Challenge

-without reason

-limited

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© 2009 Pearson Education, Inc

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17Jury Selection and Race

Batson v. Kentucky (1986):

-purposeful discrimination

-violation of impartial jury

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Judge:

-relative

-probative value v. inflammatory

The Evaluation of Evidence

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6th Amendment:

-right to face accuser

-direct/cross

The Testimony of Witnesses

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37 states: videotape

32 states: CCTV

6th Amendment

Child Witnesses

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Foreperson

deliberate

verdict

laws/rules

Judge’s Charge to the Jury

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Unanimous

Hung jury (deadlock)

Jury Deliberations and the Verdict

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ignorant of law/precedent

problems with objectivity

CSI effect

retaliation

Problems with the Jury System

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7.5

25

7.5

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7.5

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7.5

7.5

Public Defende

r

Public Defende

r

Court-Assigne

dCounsel

Court-Assigne

dCounsel

Private Attorne

y

Private Attorne

y

7.5

Prosecution Prosecution Defense Defense

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7.5

Major Provisions of the Justice for All Act of 2004(The Act amends the federal criminal code to grant crime victims specified rights.)1. The right to be reasonably protected from

the accused.

2. The right to be reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused.

3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

5. The reasonable right to confer with the attorney for the Government in the case.

6. The right to full and timely restitution as provided in law.

7. The right to proceedings free from unreasonable delay.

8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.

7.5

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7.5

DefenseCounselDefenseCounselProsecutionProsecution

Judges Judges SheriffsSheriffs ClerksClerks

StenographersStenographers WitnessesWitnesses

7.5

7.1

7.2What are the guidelines for determining which court

has limited jurisdiction over a crime?

What are the major pretrial proceedings?

CHAPTER SUMMARY

How do the Sixth Amendment and the Speedy Trial Act of 1974 affect a trial?

7.3

What is the basic legal philosophy of a trial in the U.S. legal system?

7.4

What are the roles of the various people involved in a criminal

trial?7.5