Chapter 13 notes
-Before a criminal case reaches the court room.
- Severalpreliminary take places.
- Charges may be dropped off defendant May plea guilty.
- If charges are dropped or the accused pleads guilty there will be no trial.
- Booking and initial appearance
- After and arrest the accused is taken to a police station for booking.
- Booking- is formal process of making a police record of arrest.
- Accused provides information
- Name, address, date of birth, place of employment and details of pervious arrest.
- Accused also is fingerprinted and photographed.
- Fingernail clipping, hand written work or blood samples and urine tests are also becoming booking requirements.
- Within a period of time the accused must appear before a judicial officer.
- To have rights told against him/she.
- Defendant may have a public attorney appointed or he/she as their own lawyer.
- Judge may also set bail.
Bail- An arrested person can usually be released after putting up an amount of money.
-poor people unable to raise money for bail could be detained in jail before trial or conviction.
- Personal recognizance – defendant must promise to return and must be considered a low risk of failing to show up for trial.
Preliminary hearing- is a screening device used in more than half of the states.
-it is I used in felony cases to determine if there is enough evidence to require the defendant to stand trial.
Grand jury- is a group of 16 to 32 people charged with determining weather there is sufficient cause to believe that a person has committed a crime and should be made to stand trial.
-Fifth Amendment to the U.S. constitution requires that before anyone can be tried for a serious crime in federal court there must be a grand jury indictment.
Indictment - a grand jury’s formal change or accusation or criminal action.
-A prosecutor presents evidence designed to convince members of the grand jury that a crime has been committed. And that there is probable cause believe that the defendant committed it.
-Felony arraignment and pleas
-after indictment of information is issued the defendant is required to appear in court to enter a plea.
-if plea is accepted date will be set for sentencing
-if plea is not accepted defendant will be asked if he/she wants a jury trial or trial before a judge alone called a (bench trial)
Noto confentendere- is a plea in which the defendant does a lot plea guilty but also does not contest the charges.
-pretrial motions the exclusionary rule
-Important preliminary proceeding is the pretrial motion.
Pretrial motion- a motion is a formal equal that a court makes a ruling or takes some other action.
Motion for discovery of evidence- this is a request by the defendant to examine, before trial certain evidence in the possession of the prosecutor.
Motion for a continuance- this request seeks more time to prepare the case.
Motion for change of venue- This request to change the location of the trial to avoid community hostility for the convince of witnesses or for other reasons.
Motion to suppress evidence- This is perhaps the most important and controversial pretrial motion. It is a request that certain evidence not be allowed to be presented.
Exclusionary rule- This rule states that any evidence illegally seized by law enforcement officials cannot be used to convict the accused at trial. It also applies to evidence obtained from illegal questioning of the accused.
Judicial integrity- is the idea that court should not be parties to law breaking by police.
Deterrence- means that police well be less likely to violate a citizen’s rights if they know that illegally seized evidence will be thrown out of court.
-Plea bargaining
- Most defendant who are convicted plead guilty before trial
- In major cases guilty pleas from a process of negotiation among the accused the defense attorney and the prosecutor. This process is known as plea bargain.
Plea bargaining- Involves granting certain concessions to the defendant in exchange for a plea of guilty.
Problem 13.1
a)What is the purpose of the constitutional right not to be subjected to excessive bail? Should it apply to all people who are arrested?
b)Can you think of any circumstances in which a person should be released without any bail requirements? Explain.
c)Can you think of any circumstances under which a person should not be released on bail of any kind? Explain.
d)Do you think the bail system in the United States needs reforms? If so, how?
Problem 13.2
a)What is the exclusionary rule? How does it work?
- It’s the legal rule that generally prohibits the use of illegally obtain evidence against the defendant. It doesn’t allow the government to use any unreasonable search or seizure meaning they cannot violate the 4th amendment.
b)Why do you think the Supreme Court adopted the exlusionary rule? What are some arguments in favor of the rule? Against the rule? Do you favor or oppose the the rule? Explain.
- The Supreme Court may have adopted the exclusionary rule to protect the defendants 14th amendment. Those in favor of the exclusionary rule say it is necessary to safeguard our rights and to prevent police misconduct. Those against it say that it is a legal loophole that allows dangerous criminals to go free.
c)What is the good faith exception to the exclusionary rule? What are some arguments in favor of the good faith exception? Should it be extended to warrantless searches?
- A good faith exception to the exclusioanry rule is that even of a plice goes to the wrong address and finds something there not allowed to be arrested at the time.
Problem 13.3
a)Many believe that a plea bargain should not be allowed. They think that those that are poor and uneducated are taken advantage of.
b)The prosecutor has the power that the criminal justice system gives them
c)If the defendant is charged with a serious felony and declines it and then receives a harsher punishment they are not being unfairly punished.
d)The poor and uneducated can be forced to plea a bargain because it is expensive to get support.
e)The defense counsel should advice the defendant what could be better for them.
f)If we were Marty I would plea guilty because 1 year isn’t as long as in 10 years. But if the judge pleas a longer sentence Marty really can not do anything because he already convicted himself guilty.
g)It depends on the evidence they have towards them and the chance of them being convicted.