The Trial

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					     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 defendant’s 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
        Defendant appears before the judge
        Is there sufficient evidence to proceed to trial?
        Some cases dropped

   Grand Jury
        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
       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

   Arraignment
       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
        6th amendment

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

   Right Against Self-Incrimination
        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
             DMV lists, Voter Registration, Welfare Lists

   Voir Dire
        “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:
        Prosecutor calls witness to stand to testify
        Questions that witness

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

   Hearsay:
        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
       Defendant can appeal
       Higher court reviews lower court’s decision
       Must question Constitutional issue or illegality

   Two Reasons for Appeals
       Correct error made in trial
       Review policy

   Double Jeopardy
       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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