The TrialThe Trial

Chapter 9 in Your TextChapter 9 in Your Text

John MasseyJohn Massey

Criminal JusticeCriminal Justice

After the arrest has been After the arrest has been mademade The Initial AppearanceThe Initial Appearance

Occurs after an arrest has been madeOccurs after an arrest has been made -brief, informed of charges-brief, informed of charges -given date for Preliminary hearing-given date for Preliminary hearing

Do you release or detain?Do you release or detain?

BailBail Amount of money paid by defendant to court until defendant’s returnAmount of money paid by defendant to court until defendant’s return A “promise” to returnA “promise” to return ReasonableReasonable

Three Factors in Setting BailThree Factors in Setting Bail UncertaintyUncertainty RiskRisk Overcrowded JailsOvercrowded Jails

Released on RecognizanceReleased on Recognizance Bail BondsmanBail Bondsman Preventive DetentionPreventive Detention

Preliminary Hearing & Grand Preliminary Hearing & Grand JuryJury

Preliminary HearingPreliminary Hearing Defendant appears before the judgeDefendant appears before the judge Is there sufficient evidence to proceed to trial?Is there sufficient evidence to proceed to trial? Some cases droppedSome cases dropped

Grand JuryGrand Jury Group of citizens Group of citizens Determine probable causeDetermine probable cause Federal Government and Some StatesFederal Government and Some States Decides whether or not a case should continueDecides whether or not a case should continue Indictment (charge that probable cause does in fact exist)Indictment (charge that probable cause does in fact exist)

Factors to Consider When Deciding to Further ProsecuteFactors to Consider When Deciding to Further Prosecute 1) Sufficient evidence?1) Sufficient evidence? 2) Case priorities2) Case priorities 3) Uncooperative victims3) Uncooperative victims 4) Unreliability of victims4) Unreliability of victims 5) Is defendant willing to testify against others?5) Is defendant willing to testify against others?

Pretrial Motions & The Pretrial Motions & The ArraignmentArraignment

Defense can request specific actionsDefense can request specific actions 1) suppress evidence gained illegally1) suppress evidence gained illegally 2) change of venue2) change of venue 3) invalidate a search warrant3) invalidate a search warrant 4) obtain evidence that prosecution may be withholding4) obtain evidence that prosecution may be withholding 5) dismiss because of delay5) dismiss because of delay

ArraignmentArraignment Formal charge with crime stated in indictmentFormal charge with crime stated in indictment Suspect enters plea (guilty, not guilty, nolo contendre)Suspect enters plea (guilty, not guilty, nolo contendre)

Plea BargainingPlea Bargaining After arraignment, before trial beginsAfter arraignment, before trial begins Defense & Prosecution – agreementDefense & Prosecution – agreement Most cases stop hereMost cases stop here Cuts down caseloads, saves time, moves process along and efficientCuts down caseloads, saves time, moves process along and efficient Should be mutually beneficial Should be mutually beneficial

Unique Features of a Criminal Unique Features of a Criminal TrialTrial

Speedy TrialSpeedy Trial 66thth amendment amendment

Right to Jury TrialRight to Jury Trial States decide (in misdemeanor cases)States decide (in misdemeanor cases) Sometimes bench trialsSometimes bench trials

Right Against Self-IncriminationRight Against Self-Incrimination 55thth Amendment Amendment No person is required to be a witness against him/herselfNo person is required to be a witness against him/herself

The Burden of ProofThe Burden of Proof Beyond a reasonable doubtBeyond a reasonable doubt Guilt is clear and unquestionableGuilt is clear and unquestionable

The JuryThe Jury Jury SelectionJury Selection

Citizen of the U.S.Citizen of the U.S. 18 & up in age18 & up in age No feloniesNo felonies Pulled from communityPulled from community

DMV lists, Voter Registration, Welfare ListsDMV lists, Voter Registration, Welfare Lists

Voir DireVoir Dire ““to tell the truth”to tell the truth” -jurors provide info, attorneys ask questions-jurors provide info, attorneys ask questions Screening processScreening process

Preemptory challengesPreemptory challenges Each attorney allowed a certain number of challengesEach attorney allowed a certain number of challenges Can exclude jurors from serving w/out any reason/causeCan exclude jurors from serving w/out any reason/cause Some states 5 or 6 challenges, some as many as 10Some states 5 or 6 challenges, some as many as 10 Virginia has 4Virginia has 4

The TrialThe Trial Opening StatementOpening Statement

Both attorneys give general facts of the caseBoth attorneys give general facts of the case

EvidenceEvidence Used to prove the existence or lack of a factUsed to prove the existence or lack of a fact Three main typesThree main types

Direct – witnessed by person giving testimonyDirect – witnessed by person giving testimony Circumstantial – indirect, can create an inference/likelihoodCircumstantial – indirect, can create an inference/likelihood Relevant – proves or disproves fact in question (DNA/forensics)Relevant – proves or disproves fact in question (DNA/forensics)

WitnessesWitnesses Two typesTwo types

Lay Witnesses – turthfully and accurately testify on a fact in question Lay Witnesses – turthfully and accurately testify on a fact in question without an special training or knowledge (ordinary witness)without an special training or knowledge (ordinary witness)

Expert Witnesses – witness with professional training or experience in Expert Witnesses – witness with professional training or experience in certain areacertain area

Witness QuestioningWitness Questioning Two typesTwo types Direct Examination and Cross ExaminationDirect Examination and Cross Examination

Direct:Direct: Prosecutor calls witness to stand to testifyProsecutor calls witness to stand to testify Questions that witnessQuestions that witness

Cross:Cross: Defense will question the prosecution’s witnessDefense will question the prosecution’s witness

Hearsay:Hearsay: Testimony given about a statement made by someone elseTestimony given about a statement made by someone else Usually not admissibleUsually not admissible

Defense is challenged with creating reasonable doubt in order to Defense is challenged with creating reasonable doubt in order to get their clients found not guiltyget their clients found not guilty

Later Stages of the TrialLater Stages of the Trial Defense closes caseDefense closes case Prosecution can bring in new evidence (rebuttal stage)Prosecution can bring in new evidence (rebuttal stage) Defense has same opportunityDefense has same opportunity

Closing ArgumentsClosing Arguments In most states, defense goes first, then prosecutionIn most states, defense goes first, then prosecution

Shifting the Power to the JuryShifting the Power to the Jury Judge informs jury of charges/crimes and guides themJudge informs jury of charges/crimes and guides them Jury goes into deliberation, decides outcomeJury goes into deliberation, decides outcome VerdictVerdict – issued by jury (usually guilty or not guilty) – issued by jury (usually guilty or not guilty)

If unable to agree on unanimous verdict – hung juryIf unable to agree on unanimous verdict – hung jury

AppealsAppeals AppealsAppeals

Defendant can appealDefendant can appeal Higher court reviews lower court’s decisionHigher court reviews lower court’s decision Must question Constitutional issue or illegalityMust question Constitutional issue or illegality

Two Reasons for AppealsTwo Reasons for Appeals Correct error made in trialCorrect error made in trial Review policyReview policy

Double JeopardyDouble Jeopardy No individual should be tried twice for same offenseNo individual should be tried twice for same offense

Habeas CorpusHabeas Corpus ““you have the body”you have the body” Judicial orderJudicial order Writ of Habeas Corpus – only Constitutional IssuesWrit of Habeas Corpus – only Constitutional Issues