Importance of Pretrial Procedures

Importance of Pretrial Procedures

Pretrial procedures are importantcomponents of the justice processbecause the great majority of all

criminal cases are resolved informallyat this stage and never come

before the courts.

Arrest Booking Initial

Appearance Grand Jury /

Preliminary hearing- indictment- information

Arraignment Pretrial Motions

Definition Reality of Bail

System Bail Bondsperson

Setting Bail Reforming Bail Issues

Preventive Detention

Bail and Equity Issues

Holding a defendant for trial based on a judge’s finding that, if the defendant were released on bail, he or she would endanger the safety of any other person and/or the community or would flee

Preventative Detention:

The Controversy

• Based on the notion that certain offenders will commit crime while on release

• Society has the right to be protected from future criminal acts

• It is a form of punishment which is not based on a guilty verdict and is based on something that MIGHT happen

FOR AGAINST

United States v. Salerno (1987)

• The Supreme Court held that the preventive detention act had a legitimate and compelling regulatory purpose and did not violate the due process clause.

• Preventative detention was not designed as a punishment, but to prevent danger to the community which is a legitimate societal goal.

Plea Bargaining and Trials

• Case disposition • Relationships involved• Legal issues• Pros and Cons• Reform

• Case disposition• Juries• Trial process• Evaluating the jury

system• Appeals

Pleas Trials

Plea Bargaining

90%of all

convictions

Defined: a defendant’s agreement to plead guilty with the reasonable expectation of receiving some consideration from the state for doing so

Blackledge v. Allison (1976) – Supreme Court acknowledges mutual advantage

Trial or Plea – which is best bet for a given defendant?

Players involved Incentives involved Tactics Remember Going

Rate Implicit vs. Explicit

Plea Bargaining Slow Plea – more

likely as time goes onStrength of each side’s

case: bluff or real deal?

Voluntary – Boykin v. Alabama (1969)

Prosecutors – Santobello v. New York (1971)

Defendants – Ricketts v. Adamson (1987)

Threats - Bordenkircher v. Hayes (1978)

Supreme Court on Plea Bargains

Pros and Cons of Plea BargainingPros and Cons of Plea Bargaining

Improves efficiencyReduces costsAllows concentration

on serious casesAvoids pretrial

detention and delays

Individualized justice

• Encourages defendants to waive constitutional rights

• Results in lesser sentences and sentencing disparity

• May coerce innocent to plead guilty

• Low visibility• Breeds disrespect for the

law – a “game show”

ProPro ConCon

Length of Sentence: Pleas vs. TrialsLength of Sentence: Pleas vs. Trials

Reforming Plea BargainingReforming Plea Bargaining• Make it more:

– visible– understandable– fair

• Create specific guidelines.• Require judicial supervision over the process.• Place limits on the process.• Alaska ban 1975 – no great effects• California 1982 – moves to preliminary stage

Only 5% of allcases are heardby a jury trial.

TRIALS

Prevent government oppression

Determine guilt (facts)

Represent community

Serve as buffer Educate citizens Symbolize rule

of law

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...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.

Sixth Amendment

The Right to Confront Witnesses

• Provides for a control over hearsay evidence and allows the veracity of witnesses to be challenged

• Helps the accused in preparation of a defense to know who will present testimony for the state

• Does not necessarily mean a face-to-face confrontation

Right to a Jury Trial

• This right is guaranteed for all serious crime - not all crime

• Constitution does not require a 12 person jury, smaller juries may be permitted

• The Sixth and Fourteenth Amendments do not mandate a unanimous verdict in all cases

The Right to Counsel at Criminal Trials

Bill of Rights6th Amendment

Powell v.Alabama

In Re Gault

FourteenthAmendment

Gideon v.Wainwright

Argersinger v.Hamlin

1791 1932 19671868 1963 1972

Right to a Speedy Trial

• Improve the credibility of the trial

• Reduce defendant anxiety

• Avoid pretrial publicity

• Avoid adverse effects on the ability to present a defense

Purposes for this guarantee include:

Time Limits for Speedy Trials

• Constitution does not specify a time limit

• Most states have adopted statutes which define reasonable limits

• Federal Speedy Trial Act of 1974– provides time limits for various stages of the

adjudication process– provision for fining defense counsels causing

delays

Jury pool of 200Jury pool of 200to 1,000 citizensto 1,000 citizens

drawn each monthdrawn each monthfrom source listfrom source list



PanelPanel3030

PanelPanel3030

SelectedSelectedfor juryfor jury

1414


1414

JuryJury1414

JuryJury1414

ChallengedChallengedor not usedor not used

1616


1616

VoirVoirDireDire

Jury Selection ProcessJury Selection Process

Return to jury poolReturn to jury pool

Guilty plea or dismissedGuilty plea or dismissed

Guilty plea or dismissedGuilty plea or dismissed

TrialTrial






Most jurisdictions use a numberMost jurisdictions use a numberof sources for the names of potentialof sources for the names of potential

jurors. The lists are sorted and duplicatesjurors. The lists are sorted and duplicatesare discarded. The jury pool is thenare discarded. The jury pool is then

selected on a random basis. The termselected on a random basis. The termthat jury pools serve vary from jurisdiction that jury pools serve vary from jurisdiction

to jurisdiction.to jurisdiction.





PanelPanel3030

PanelPanel3030


A panel of potential jurors is randomlyA panel of potential jurors is randomlyselected for each jury trial. The size ofselected for each jury trial. The size ofthe panel may be increased dependingthe panel may be increased dependingon the possible difficulty of selecting aon the possible difficulty of selecting aqualified jury.qualified jury.

PanelPanel3030

PanelPanel3030


1414


1414


1616


1616

VoirVoirDireDire

The The voir direvoir dire is a process of selecting is a process of selecting potential jurors. Both prosecution andpotential jurors. Both prosecution and defense may object to jurorsdefense may object to jurors and challenge them and challenge them peremptorily or for cause.peremptorily or for cause.

Challenge for CauseChallenge for Cause• Purpose is to determine if someone is unfit to

serve.• Prosecution and defense want someone who is

sympathetic to their side of the case.• Judge and both sides ask questions.• Number of these challenges is unlimited.

Peremptory ChallengesPeremptory Challenges

• Enable attorneys to excuse jurors for no particular reason or for undisclosed reasons.

• Number of challenges are limited.

• Can’t be used to eliminate jurors on the basis of race, ethnicity or gender.





PanelPanel3030

PanelPanel3030


1414


1414

JuryJury1414

JuryJury1414


1616


1616

VoirVoirDireDire


Jurors that are notJurors that are notselected are returnedselected are returnedto the pool for possibleto the pool for possibleuse on another jury.use on another jury.

Steps in a Jury TrialSteps in a Jury Trial

Prosecutors opening statementto the jury

Defense attorney’s openingstatement to the jury

Prosecutor’s presentation of evidenceand direct examination

Voir Dire

Steps in a Jury Trial

Defense attorney’s cross-examination

Defense attorney’s presentation ofevidence and direct examination

Prosecutor’s cross-examination


Defense attorney’s closing statements to the jury

Prosecutor’s closing statementsto the jury (summation)

Judge’s instructions to the jury onthe rule of law, evidence and

standards of proof


Jury deliberation and voting

Pronouncement of the verdict

Judicial sentencing

Criminal Evidence• Testimonial evidence from witnesses

• Real or physical evidence

• Circumstantial or indirect evidence

Criteria of Admissibility of EvidenceCriteria of Admissibility of Evidence• Relevancy

• Probativeness

• Nonprejudicial

• Reliability

• Legally obtained

Instructions to the Jury• Judge’s responsibility• Provides jury with information

about the law– elements of the crime

– evidence required for proof

– burden of proof required

• Improper instructionsare often the basis foran appeal

The Verdict• Guilty

– judge will normally set a date for sentencing and ask for a presentence investigation report

• Not guilty– defendant is free to leave

• Hung jury– case may be retried

Proof Beyond a Reasonable Doubt:

What Does it Mean?

Proof Beyond a Reasonable Doubt:

What Does it Mean?• A doubt of 7 1/2 on a scale of 10.• A doubt based on reason and

common sense.• Not frivolous or fanciful doubt.• Substantial doubt.• Persuasion to a moral certainty.• A doubt that would cause prudent

persons to hesitate before acting in a matter of importance to themselves.

Sentencing• Normally after review of a

Presentence Investigation Report in felony cases

• Rules applying to discretionary decisions by judges regarding the kind and severity of sentence vary among jurisdictions

• One of the most important and visible decisions by the judge

Judges v. JuriesJudges v. Juries

Judges and juries do not always evaluateJudges and juries do not always evaluateevidence in the same way. Juries oftenevidence in the same way. Juries oftenlook at the nature of the victim, the actlook at the nature of the victim, the act(e.g. self defense) and whether the (e.g. self defense) and whether the defendant took the stand.defendant took the stand.

AppealsAppeals• Most are unsuccessful.• They are based on some “legal”

contention.Issues tend to deal with the introduction andsufficiency of evidence and jury instructions.

• Homicides and other serious crimes against persons account for more than 50% of all appeals.

• Most appeals arise from cases in which the sentence is five years or less.

Documents

Importance of Pretrial Procedures