Understanding the Understanding the Criminal Justice SystemCriminal Justice System

CJUS 101CJUS 101

Chapter 9: The Court ProcessChapter 9: The Court Process

From First Appearance through TrialFrom First Appearance through Trial

ProcessProcess1.1. The court processThe court process

- business of the court- business of the court

a. a. Arrest is madeArrest is made - issue citation and release- issue citation and release - booking process and then release- booking process and then release - book into jail awaiting court appearance- book into jail awaiting court appearance

(1) (1) Bail isBail is set set- ensure court appearance- ensure court appearance- bail cannot be excessive (8- bail cannot be excessive (8 thth Amend.) Amend.)

ProcessProcess- not to punish- not to punish

(a) Washington state(a) Washington state- bail schedule- bail schedule- homicide excluded- homicide excluded

(2) (2) Judge considersJudge considers::- seriousness of crime- seriousness of crime- criminal record- criminal record- state’s case- state’s case- chance of fleeing / threatening - chance of fleeing / threatening

witnesses witnesses

ProcessProcessb. b. Release on bail / bondRelease on bail / bond

(1) (1) BailBail- judge can require cash bail- judge can require cash bail- according to bail schedule- according to bail schedule- extreme circumstances set by judge- extreme circumstances set by judge- warrant issued for ‘fail to show’- warrant issued for ‘fail to show’

(2) (2) BondBond- no cash required- no cash required- bail bond can be posted- bail bond can be posted

ProcessProcess- issued by private companies- issued by private companies- paper document / no cash exchanged- paper document / no cash exchanged- surety deposit- surety deposit- paid 10% of bail amount- paid 10% of bail amount- hire bounty hunters for fail to appear- hire bounty hunters for fail to appear

(3) (3) Problems generatedProblems generated- discriminates- discriminates- becomes discretionary- becomes discretionary- unknown risks- unknown risks- preventive detention - preventive detention

ProcessProcess- uncollected bonds- uncollected bonds- collection process- collection process

c. c. Pretrial detentionPretrial detention- held for trial- held for trial- insures availability- insures availability- attorney access- attorney access- protects community- protects community

(1) (1) Preventive detentionPreventive detention- US Supreme Ct (1951) - US Supreme Ct (1951)

ProcessProcess- not used for punishment- not used for punishment- not to protect society- not to protect society

(2) (2) Bail Reform ActBail Reform Act (1984) (1984)- assess danger potential- assess danger potential- posed threat- posed threat- did not violate 5- did not violate 5thth / 8 / 8thth Amendments Amendments

(3) (3) Release on recognizanceRelease on recognizance- community ties / background- community ties / background- proper ID / confirm local address- proper ID / confirm local address

ProcessProcessd. d. Grand juryGrand jury

- protect citizens from unfair accusations- protect citizens from unfair accusations

(1) (1) DefinitionDefinition: : “Consists of twelve or more“Consists of twelve or morepersons, is impaneled by a superior courtpersons, is impaneled by a superior courtand constitutes a part of such court. Theand constitutes a part of such court. Thefunctions of a grand jury are to hear, functions of a grand jury are to hear, examine, and investigate evidence concern-examine, and investigate evidence concern-ing criminal activity and corruption and toing criminal activity and corruption and totake action with respect to such evidence.take action with respect to such evidence.The grand jury shall work as a whole.”The grand jury shall work as a whole.”

ProcessProcess(1) (1) Functions of the grand juryFunctions of the grand jury::

- investigative body- investigative body- accusatory body- accusatory body- indictment returned- indictment returned

(2) (2) ProceduresProcedures- no due process- no due process- private / secret- private / secret- no cross examination- no cross examination- no transcripts- no transcripts- “- “true billtrue bill” / “” / “no billno bill””

ProcessProcess- indict on hearsay - indict on hearsay - illegally obtained evidence admissible- illegally obtained evidence admissible- Ex Parte- Ex Parte- immunity can be used- immunity can be used- contempt power can be used- contempt power can be used

e. e. PleasPleas- guilty / not guilty- guilty / not guilty- nolo contendere / standing mute- nolo contendere / standing mute- insanity / statutory limitations- insanity / statutory limitations- Alford / double jeopardy- Alford / double jeopardy

ProcessProcessf. f. Pretrial motionsPretrial motions (3.5 hearings) (3.5 hearings)

- motion for discovery- motion for discovery- change of venue- change of venue- motion for suppression- motion for suppression- bill of particulars- bill of particulars- motion for severance- motion for severance- motion for continuance- motion for continuance- motions for dismissal- motions for dismissal- motion for exclusion- motion for exclusion

g. g. Speedy / public trialSpeedy / public trial (6 (6thth Amendment) Amendment)

ProcessProcess- federal: 100 days- federal: 100 days

- state: 60 days in custody / 90 days out- state: 60 days in custody / 90 days out

h. h. JuryJury

- 1968: US Supreme Ct. required states- 1968: US Supreme Ct. required states

- 1970: non-capital crimes = jury of six- 1970: non-capital crimes = jury of six

- “- “motor votermotor voter” registration” registration

- selected at random- selected at random

- attorneys question: “- attorneys question: “voir direvoir dire””

- challenge for cause / peremptory challenge- challenge for cause / peremptory challenge

TrialTrial2.2. The criminal trialThe criminal trial

a. a. Opening statementsOpening statements

- prosecution: overview of case- prosecution: overview of case - defense: why client not guilty- defense: why client not guilty

b. b. State’s case-in-chiefState’s case-in-chief (prosecutor) (prosecutor) - calls witnesses / presents evidence- calls witnesses / presents evidence - defense can object to statements / - defense can object to statements /

evidenceevidence - defense can cross-examine- defense can cross-examine - state rests- state rests

TrialTrialc. c. Defense case-in-chiefDefense case-in-chief

- calls witnesses / presents evidence- calls witnesses / presents evidence- prosecutor can object to statements / - prosecutor can object to statements /

evidenceevidence- prosecutor can cross-examine- prosecutor can cross-examine- defense rests- defense rests

d. d. Rebuttal / surrebuttalRebuttal / surrebuttal- attorneys can recall witnesses- attorneys can recall witnesses- clarify / emphasize certain points- clarify / emphasize certain points

e. e. Closing statementsClosing statements (arguments) (arguments)

TrialTrial- prosecutor reviews case for jury- prosecutor reviews case for jury- defense attorney explains why case not made- defense attorney explains why case not made- prosecutor has last remarks (- prosecutor has last remarks (burden of proofburden of proof))

f. f. Charging the juryCharging the jury- judge explains rules jury must follow- judge explains rules jury must follow- what they can and cannot do in deliberations- what they can and cannot do in deliberations

(1) (1) Jury moves to deliberation roomJury moves to deliberation room- select one juror to be foreperson- select one juror to be foreperson- begin deliberations- begin deliberations

TrialTrial(2) (2) VerdictVerdict

- guilt or innocent- guilt or innocent

g. g. SentencingSentencing- 2 weeks / one month- 2 weeks / one month- probation / parole officers conduct - probation / parole officers conduct

backgroundbackground

3.3. Rules of evidenceRules of evidence

a. a. Real evidenceReal evidence - physical objects- physical objects

TrialTrialb. b. Testimonial evidenceTestimonial evidence

- sworn statements- sworn statements- to police / in court- to police / in court

c. c. Direct evidenceDirect evidence- eyewitness accounts- eyewitness accounts- fingerprints / DNA- fingerprints / DNA

d. d. Circumstantial evidenceCircumstantial evidence- fact can be reasonable inferred- fact can be reasonable inferred- no direct evidence- no direct evidence

TrialTriale. e. Hearsay evidenceHearsay evidence

- that which is told to another- that which is told to another- “- “dying declarationdying declaration””

4.4. Evidence must beEvidence must be::

a. a. CompetentCompetent - legally fit for presentation in court- legally fit for presentation in court - expert witness- expert witness

b. b. MaterialMaterial

TrialTrial- it has a legitimate bearing on the case- it has a legitimate bearing on the case

c. c. RelevantRelevant

- it is applicable to the issue in question - it is applicable to the issue in question