3. Procedures Following
Arrest
Many important decisions about what happens to
a defendant are made prior to trial
Hearings, such as before the grand jury and the
preliminary hearing, are held to determine if
probable cause exists to charge the accused with a
crime
If so, the defendant is
arraigned, enters a plea,
is informed of his or her
constitutional rights, and
is considered for pretrial
diversion
4. Bail
Bail
A form of security, usually a sum of money
that is put up or exchanged to secure the
release of an arrested person before the
trial begins
Majority of criminal defendants are released
on bail prior to trial
The Eighth Amendment
Prohibits both cruel and unusual
punishment and excessive bail
5. Bail
Types of Bail
Full cash bail
Deposit bail (used in Illinois, post 10%)
Surety bail (bail bondsman – 3rd party)
Conditional bail (release with rules / no cash)
Unsecured bond (not common)
Release on recognizance (called: I-Bond –
used everyday in Cook County Illinois)
Technically if you fail to appear, the court takes
your bail… but this rarely happens…
6. Bail
Pretrial detainees
People who are either denied bail or
cannot afford to post bail before trial and
are kept in secure confinement
Explain Skokie Court Procedure…
According to text…
More likely to be convicted and get longer
sentences than those who commit similar
crimes but are released on bail
Stats may be skewed because the more
serious the crime… the more sure you did it…
the more likely you will be convicted…..
7. Bail
Bail has been heavily criticized as one of
the most unacceptable aspects of the
criminal justice system
Bail reform
Has resulted in the use of release on recognizance
to replace money bail for non-dangerous offenders
Also efforts to tighten bail on
the most dangerous offenders
11. Pretrial Services
Programs that provide a number of
services to those released into the
community prior to their trial dates
Determine which defendants can safely be
released on bail pending trial
Gather and verify information about arrestees
Assess likelihood of failure to appear/arrest
Provide supervision for defendants
Special needs
12. Charging the
Defendant
The Grand Jury
Presentment – (Used by special grand juries
like the one in Ferguson)
True Bill
Grand Jury saying YES - indict
Indictment
The formal charge the grand jury decides
No Bill
Very rare, but this is when the Grand Jury says
no.
13. Charging the Defendant
The Preliminary Hearing
(if we don’t use the grand jury)
Presided over and decided by a Judge
Prosecution presents Evidence
Defense can Cross-examination
Waiving the preliminary hearing
Sometimes a lawyer will waive if the
charge is disturbing… or if there is no
question as to guilt…..
15. Charging the Defendant
At arraignment the defendant is informed
of the charges against him/her and
appoints counsel if one has not yet been
retained
A plea is entered at arraignment:
Guilty
Not guilty
Nolo contendere (rare – not accepted in all areas)
17. Plea Bargaining
Most cases never go to trial but are
bargained out of the system
Bargains can be made for a plea of guilty in
exchange for:
A reduced sentence
Dropping charges
Lowering charges
Substituting a negative charge for one with more
socially acceptable connotations
18. Plea Bargaining
Pros of Plea Bargaining
The overall costs of the criminal prosecution are
reduced
The administrative efficiency of the courts is
greatly improved
The prosecution can devote more time to more
serious cases
The defendant avoids possible detention and an
extended trial and may receive a reduced
sentence
Resources can be devoted more efficiently to
cases that need greater attention
19. Plea Bargaining
Cons of Plea Bargaining
Defendants waive constitutional right to trial
Allow dangerous offenders to receive lenient
sentences
Danger that an innocent person will be
convicted of a crime
Prosecutors are given a free hand
Possible that innocent persons will admit guilt
20. Plea Bargaining
The Problem of False Confessions
Why do innocent people confess?
Duress
Coercion
Intoxication
Diminished capacity
Mental impairment
Ignorance of the law
Fear of violence
The actual infliction of harm
The threat of a harsh sentence
Misunderstanding the situation
21. Plea Bargaining
Legal Issues in Plea Bargaining
Effective assistance of counsel
Pleas must be made voluntarily
Prosecutor promises must be kept
Defendant promises must be kept
Due process rights must not be violated
Guilty pleas from persons who claim innocence is
valid
Use of plea bargaining statements at trial
22. Plea Bargaining
Few states have placed limits on the
discretion of prosecutors in plea
bargaining situations
A court will not accept a guilty plea unless:
The defendant has been properly advised by
counsel
AND
The court has determined that the plea is
voluntary and has a factual basis
23. Plea Bargaining
The role of the defense counsel in plea
bargaining
Advisory
Explanatory
Informative
Know the facts of the case and the law and and
advise your client of the available alternatives
24. Plea Bargaining
Although plea bargaining has been criticized,
efforts to control it have not met with much
success
Jurisdictional safeguards
Judge questions defendant
Cook County – Is this plea of your own free will? - was anything
promised in exchange for our plea? - are you being forced to plea?...
Defense counsel is present
Open discussion of plea
Cook County - Defendant states plea out loud
Full and frank information about defendant
Cook County - Defendant signs a jury waiver
26. Pretrial Diversion
Diversion programs
Offering a criminal defendant the ability to
enter a treatment program instead of a criminal
trial continue to be used throughout the United
States
Most diversion programs have a common goal
To constructively bypass criminal prosecution by
providing a reasonable alternative in the form of
treatment, counseling, or employment programs
Cook County States Attorney Drug School
Available to first time misdemeanor drug offenders
27. The Trial
An open and public hearing designed to
examine the facts of the case brought by
the state against the accused
Most formal trials are heard by a jury, although
some defendants request a bench trial.
(I believe this is FALSE)
Not open to witnesses such as police.
28. Legal Rights During Trial
Counsel
Speedy trial
Public trial
Convicted by
proof beyond a
reasonable
doubt
Impartial judge
Right to be competent
Confront witnesses
Compulsory process
Impartial jury
29. Jury Selection
Voir dire
The process in which a potential jury
panel is questioned to select jurors
Peremptory challenge
The dismissal of a prospective juror by
either the prosecution or the defense for
unexplained, discretionary reasons
30. Jury Selection
Challenge for cause
The dismissal of a prospective juror by
either the prosecution or the defense
because she/he is biased, has prior
knowledge, or for another reason is
unable to render a fair and
impartial judgment
31. The Trial Process
An established order of steps is
followed throughout a criminal trial:
Selection of a jury
Opening statements
Introduction of evidence (prosecution and
defense)
Closing arguments
Instructions to the jury
Juror deliberations
Verdict
32. The Trial
Jury nullification
A jury’s refusal to render a verdict
according to the law and fact regardless of
the evidence presented
Imposition of the sentence is the
responsibility of the trial judge
The defense may petition an appellate
court to review the procedures used
during the trial once a verdict has been
rendered
Editor's Notes
Learning Objective Two
Learning Objective One
Learning Objective Two
Learning Objective Three
Learning Objective Three
Learning Objective Four - Jails can be overcrowded and dangerous. Sometimes it takes a court order to improve conditions. Prisoners at Marion County Lockup in Indianapolis sleep on the floor. Many state prison systems have been using some form of early release to reduce the number of inmates. Despite early releases, crowding at the Marion County Lockup is still under scrutiny as its population continues to soar.
Figure 10.2 Released Felony Defendants Committing Misconduct, by Most Serious Arrest Charge
Figure 10.3 Percentage of People Out on Bail Who Are Rearrested for a Felony, by Charge and Arrest Type
Learning Objective Two
Learning Objective Five
Learning Objective Six
Learning Objective Six
Learning Objective Seven
Learning Objective Seven
Learning Objective Two
Learning Objective Eight
Learning Objective Nine
Learning Objective Nine
Learning Objective Nine
Learning Objective Nine - Mbarek Lafrem, 30, of Norwood, Pennsylvania, is escorted by officials after being charged with brutally beating a woman in a New York City bar after she allegedly rejected his advances. He pleaded guilty.
Learning Objective Ten
Learning Objective Ten
Learning Objective Ten
Learning Objective Two
Learning Objective Eleven - Drug courts are often active in the diversion process. In Austin, Texas, a judge presides over the weekly meeting of the Drug Diversion Court, a yearlong program for defendants who have been arrested for felony possession of a controlled substance. The program relies on frequent drug screening, offers classes and treatment referrals, and can result in dismissal of charges if the defendant completes the program successfully.
Judge Susan Criss of the Texas District Court in Galveston discovered on Facebook that a lawyer who had requested a trial delay because of a death was drinking, not grieving, after the funeral.
Learning Objective Twelve
Learning Objective Twelve
Death row inmate Marcus Robinson smiles toward his family after Cumberland County Senior Resident Superior Court Judge Greg Weeks found that racial bias played a role in his trial and sentencing on April 20, 2012, in Fayetteville, North Carolina. The historic ruling means Robinson’s sentence was immediately converted to life without possibility for parole. It was the first case to be decided under North Carolina’s Racial Justice Act.