The document discusses the pretrial and trial processes in the criminal justice system, including pretrial activities such as arraignment, bail determination, and plea bargaining. It also covers the roles of various participants in a criminal trial such as judges, prosecutors, defense attorneys, jurors, and witnesses. Key rights afforded to criminal defendants that can impact the trial process are also examined, such as the right to a speedy trial and the right to confront accusers.

1. CJ 101
CHAPTER 7
COURT PROCESS

2. 2
PRETRIAL ACTIVITIES
2009 Pearson
Education, Inc

3. First
Appearance/Arraignment
3
Before judge:
-jurisidction
-charges
-rights
-lawyer
-bail
CRIMINAL JUSTICE TODAY, 10E

4. First Appearance 4
McNabb v. U.S. (1943):
-“without unnecessary delay”
-48-72 hours
CRIMINAL JUSTICE TODAY, 10E

5. Pretrial Release
 RISKS:
 -flight/safety
 Consider:
 -charges/record/history/release options
5 CRIMINAL JUSTICE TODAY, 10E

6. Pretrial Release
 Bail:
 -bond/pledge
 Purposes:
 -reassure return/prevent detention
6 CRIMINAL JUSTICE TODAY, 10E

7. Preliminary Hearing
 Mini trial:
 -detention
 -charges/rights
 -prosecution case/not defense
 -Prima facie
7 CRIMINAL JUSTICE TODAY, 10E

8. Plea Bargaining 8
-prosecution/defense/victim/judge
-guilty pleas-conviction
-90%
CRIMINAL JUSTICE TODAY, 10E

9. 9
THE CRIMINAL
TRIAL
2009 Pearson
Education, Inc

10. The Nature and Purpose of
the Criminal Trial:
10
 Formalized:
-due process
-rules (formal/informal)
-guilt/innocence
CRIMINAL JUSTICE TODAY, 10E

11. Stages in a Criminal Trial
11
CRIMINAL JUSTICE TODAY, 10E

12. Trial Initiation and the Speedy
Trial 12
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) CRIMINAL JUSTICE TODAY, 10E

13. Jury Selection
 6th Amendment:
 -impartial /unbiased
 -voir dire
13 CRIMINAL JUSTICE TODAY, 10E

14. Challenge to the Array
14
-pool not representative of community
-motion before voir dire
CRIMINAL JUSTICE TODAY, 10E

15. Challenge for Cause 15
-juror not impartial/fair
-unlimited number
CRIMINAL JUSTICE TODAY, 10E

16. Peremptory Challenge
16
-without reason
-limited
CRIMINAL JUSTICE TODAY, 10E

17. Jury Selection and Race 17
Batson v. Kentucky (1986):
-purposeful discrimination
-violation of impartial jury
CRIMINAL JUSTICE TODAY, 10E

18. The Evaluation of Evidence
 Judge:
 -relative
 -probative value v. inflammatory
18 CRIMINAL JUSTICE TODAY, 10E

19. The Testimony of Witnesses
6th Amendment:
-right to face accuser
-direct/cross

19 CRIMINAL JUSTICE TODAY, 10E

20. Child Witnesses
 37 states: videotape
 32 states: CCTV
 6th Amendment
20 CRIMINAL JUSTICE TODAY, 10E

21. Judge’s Charge to the Jury
Foreperson
 deliberate
 verdict
 laws/rules
21 CRIMINAL JUSTICE TODAY, 10E

22. Jury Deliberations and the Verdict
 Unanimous
 Hung jury (deadlock)
22 CRIMINAL JUSTICE TODAY, 10E

23. Problems with the Jury System
 ignorant of law/precedent
 problems with objectivity
 CSI effect
 retaliation
23 CRIMINAL JUSTICE TODAY, 10E

24. 7.5
24

25. 7.5
25

26. 7.5
26

27. 7.5
27

28. 7.5
Court-
Court-
Private
Private Public
Public
Assigned
Assigned
Attorney
Attorney Defender
Defender
Counsel
Counsel

29. 7.5
Prosecution
Prosecution Defense
Defense

30. 7.5
30

31. 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.

32. 7.5
32

33. 7.5
Sheriffs
Sheriffs Clerks
Clerks
Judges
Judges
Defense
Defense
Prosecution
Prosecution Counsel
Counsel
Stenographers
Stenographers Witnesses
Witnesses

34. CHAPTER SUMMARY
What is the basic legal philosophy of a trial in the U.S. legal
7.1 system?
What are the guidelines for determining which court has limited
7.2 jurisdiction over a crime?
7.3 What are the major pretrial proceedings?
7.4 How do the Sixth Amendment and the Speedy Trial Act of 1974
affect a trial?
What are the roles of the various people involved in a criminal
7.5 trial?