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Matthew McCarty

Chapter 8: Pretrial Procedures and

the Criminal Trial

Pretrial Detention Process

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The initial appearance is the first step after arrest.

During the appearance, the defendant is:

– Informed of the charges

– Advised of right to counsel

– Told the amount of bail (If required)

– Given a date for the preliminary hearing

Pretrial Detention

Bail- The amount or conditions set by the court to ensure that the defendant will appear for further criminal proceedings.

Bail is provided for under the Eighth Amendment.

Bail can be paid by the person or a bonds company for a fee.

Bail is generally prohibited in capital cases.

Pretrial Detention

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Other Release

Release on Recognizance (ROR): A release with out the requirement of Bail or other restrictions.

The Preliminary Hearing – An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he/she is charged

– The Preliminary Hearing Process

– Waiving the Hearing

The Grand Jury – The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she/he has been charged (7 person Grand Jury in Iowa). – May grant Indictment

Establishing Probable Cause

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Case Attrition – Process through which prosecutors, by deciding whether to prosecute each person arrested, effect an overall reduction in the number of persons prosecuted

– Scarce Resources

– Screening Factors

The Prosecutorial Screening Process

Screening Factors:

– Belief in the guilt of the suspect

– Case priorities

– Uncooperative victims

– Unreliability of victims

– Defendant who is willing to testify against other offenders

The Prosecutorial Screening Process

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The Prosecutorial Screening Process

At the arraignment, defendants must file a plea:

Guilty: “I did it”

Not Guilty: “I did not do it”

Nolo Contendre: “I will not contest it”

– Consequences are the same in a criminal trial, but the latter plea cannot be used in a subsequent civil trial as an admission of guilt.

Pleading Guilty

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Motivations for Plea Bargaining

– Prosecutors and Plea Bargaining - want a conviction

– Defense Attorneys and Plea Bargaining - want the best outcome for the defendant

– Defendants and Plea Bargaining - want some measure of control over the outcome and a lighter sentence

– Victims and Plea Bargaining – about half of the states permit for victim participation in plea bargaining

Pleading Guilty

Speedy Trial:

Required by the Sixth Amendment: – In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by

an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Barker vs. Wingo (1972): “Speedy” not defined only that in situations in which the delay is unwarranted and proved to be prejudicial.

Special Features of the Criminal Trial

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Special Features of the Criminal Trial

All 50 states have their own speedy-trial statutes

Iowa:

– "If a defendant indicted for a public offense has not waived the defendant's right to a speedy trial the defendant must be brought to trial within 90 days after indictment is found or the court must order the indictment to be dismissed unless good cause to the contrary be shown." Iowa also has a 1 year right to speedy trial above and beyond the 90 day rule.

The Speedy Trial Act of 1974 (Federal Court System)

– No more than 30 days between arrest and indictment

– No more than 10 days between indictment and arraignment

– No more than 60 days between arraignment and trial

The Privilege Against Self-Incrimination:

Provided for in the Fifth Amendment

– No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Adamson vs. California (1947), the decision to “take the Fifth” should not prejudice the jury

Special Features of the Criminal Trial

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Special Features of the Criminal Trial

Defendants are presumed innocent until proven guilty.

The standard of proof in criminal court is beyond a reasonable doubt.

Role of the Jury:

Sixth Amendment guarantees an “impartial” jury

Duncan vs. Louisiana (1968)- Right to trial by jury in all Felony Cases but leaves decision in misdemeanor trials to the states.

– Bench Trial: Judge alone decides outcome of case.

Jury size: Almost all states, including Iowa, have 12 person juries.

Unanimous Decision: Most states, including Iowa, require a unanimous verdict by Jurors.

Special Features of the Criminal Trial

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All those chosen from the master list are summoned to appear. This group, from which the jury will be selected, is called the Venire.

The attorneys then determine the suitability of each potential juror through a questioning period called Voir Dire.

Metro jury pools vs. rural jury pools.

Jury Selection

There are two ways jurors are excluded:

Challenges for Cause

– The attorney must provide a sound, legally justifiable reason why a juror cannot serve

Example: Person does not understand English or knows the defendant.

Peremptory Challenges

– The attorney can remove a juror without showing and supporting reason or cause. Only limited number of this type of challenge allowed.

– Batson vs.. Kentucky (1986)- You can not use this challenge based solely on race.

Jury Selection

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Iowa Jury Information

May I be excused from jury service?

State law limits the circumstances for which the court may excuse a person from jury duty. A person has the right to be excused from service if the person submits written documentation to the court's satisfaction that

The person is solely responsible for the daily care of a person with a permanent disability living in the person's home and that performance of jury service would cause substantial risk of injury to the health of the disabled person; or

The person is breast feeding her child and is not employed outside the home.

Also, the court has discretion to excuse someone from jury service upon a finding of hardship, inconvenience, or public necessity.

If you want to be excused from jury service, you should file a written request with the clerk of court as soon as possible after you receive the summons to serve.

Jury service is an important responsibility. A person who makes a false claim for the purpose of getting excused or helping someone else get excused may be found in contempt of court and could be punished by the court.

Iowa Jury Information

Are jurors paid?

Pursuant to Iowa law, jurors receive $30 a day for serving up to seven days and are entitled to reimbursement for travel to and from the courthouse and for parking expenses. Jurors receive $50 per day for each day that exceeds seven days of service. While employers are not required to pay the salaries of employees on jury duty, many do so in recognition of the importance of jury service.

What if jury service interferes with my job?

Iowa law prohibits an employer from threatening or coercing an employee or terminating the employment of a person due to serving or being called to serve as a juror. An employer who violates the law is subject to contempt of court and is also subject to a lawsuit by the employee.

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Opening Statements:

The first step of the trial process.

The prosecutor speaks first, followed by defense counsel.

Each side attempts to construct a “road map” of their case for the jury to follow by outlining their evidence.

The Trial

The Prosecution’s Case:

Burden of proof is on the state.

Attempts to establish corpus delicti.

Calls witnesses for direct examination.

– Establishes relevance and competency of witnesses.

– Avoids hearsay.

– After cross-examination, prosecutor will have one more opportunity during redirect examination.

The Trial

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The Trial

Testimony: Verbal evidence given by a witness under oath.

Real Evidence: Brought into court and seen by the jury, as opposed to evidence that is described for the jury.

The Trial

Lay witnesses: Those who can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness.

Expert witnesses: Those with professional training or substantial experience qualifying her/him to testify on a certain subject.

– In Iowa you must prove the expert knows more than an average person on the subject.

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The Trial

Direct Examination: Questioning of a witness called to the stand to testify.

Cross-Examination: Questioning of an opposing witness during a trial.

Hearsay: Testimony given in court about a statement made by someone other than the person testifying.

Confrontation Clause: Part of the 6th Amendment that guarantees all defendants the right to confront witnesses testifying against them during a trial.

The Trial

Direct evidence: is evidence that establishes the existence of a fact that is in question without relying on inference.

Circumstantial evidence: is indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question.

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Defense Strategies:

The defense can simply rest

Create reasonable doubt

Present an alibi defense

Present an affirmative defense

– Self defense

– Insanity

– Duress

– Entrapment

The Trial

Rebuttal and Surrebuttal

Closing Arguments

– Defense first then prosecution

Jury Deliberation

The Verdict

– Guilty or Not Guilty

Acquittal: Person accused of the crime is found to be innocent.

Hung Jury: Divided jury and no unanimous decision can be made.

Appeals

The Trial

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Double Jeopardy: The Fifth Amendment prohibits a second prosecution in the same court for the same criminal offense

– The Possibility and Risk of Retrial – a state’s prosecution of a crime will not prevent a separate federal prosecution of the same crime, and vice versa, if the act is also defined as a crime under federal law; different states may also prosecute the same person for multiple crimes that take place in different jurisdictions

– You may still be sued civilly after the conclusion of the criminal trial.

The Final Steps of the Trial and Post Conviction Procedure

Appeal Process