CJS 220 wk 6 checkpoint pretrial procedu

Pretrial Procedures : 

Pretrial Procedures By MaryLouise Maddox

The Steps leading to a Trial : 

The Steps leading to a Trial Booking Initial Appearance Grand Jury Preliminary Hearing indictment Information Arraignment Plea Bargain Guilty Plea Trail

Slide 3: 

Booking After arrest, at the police station. The suspect is searched, photographed, fingerprinted, then allowed one phone call. Then after being booked the suspect goes over the charges and if not dropped a complaint is filed. Then a magistrate examines the files for any probable cause. Initial Appearance The suspect appears before a judge, then is informed of the charges brought against them. The suspect at this time may request for a lawyer. The judge also sets bail.

Slide 4: 

Grand Jury A grand jury determines if there is probable cause to believe that the defendant committed the crime. The federal government and about half of the states require grand jury indictments for at least some felonies. Preliminary Hearing A court proceeding in which the prosecutor present evidence and the judge determines whether there is probable cause to hold the defendant over for trail

Slide 5: 

Indictment An indictment is the charging instrument issued by the grand jury. Information An information is the charging instrument issued by the prosecutor. Arraignment The suspect is brought before the trial court, informed of the charges, and asked to enter a plea.

Slide 6: 

Plea Bargain A plea bargain is a prosecutor’s promise of concessions in return for the defendant’s guilty plea. Concessions include a reduced charge and/or a lesser sentence. Guilty Plea In most jurisdictions, most cases that reach the arraignment stage do not go to trail but are resolved by a guilty plea, often as the results of a plea bargain. The judge sets the case for sentencing.

Slide 7: 

Trail If the defendant refuses to plead guilty, he or she proceeds to either a jury trail or a bench trail.

The Sixth Amendment : 

The Role The role for the sixth amendment is to have the right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed. Importance This role is important because once counsel has been provided for the suspect then law enforcement must go through the suspects counsel to talk with the suspect. It also protects the suspect from any injustice. The Sixth Amendment

Jury Selection : 

Jury Selection Jurors must be: Citizens of the United States Over eighteen years of age Free of felony convictions Good health to function in a jury setting Sufficiently intelligent to understand the issues of a trail Able to read, write, and comprehend the English language To get a jury selection besides the six must be able list. The list will be made up from voter- registration list or driver’s license rolls that have the ability to be timely and easily available. After the list is generated then the next step is to draw together the venire. Those selected are to be part of the venire and are ordered to report to the courthouse on the date that has been specified on their jury summons.

Procedures of a jury trial : 

Procedures of a jury trial Opening statements The role of evidence The prosecution’s case Cross-Examination The defendant’s case Rebuttal and surrebuttal Closing Arguments Final steps of the Trail Jury Deliberation The Verdict Appeals Habeas Corpus These are the procedures to a jury trail.