chapter 8 notes
chapter 8 notes CRM 210
Popular in introduction to the american criminal justice system
Popular in Criminology and Criminal Justice
This 7 page Class Notes was uploaded by Leah Notetaker on Monday October 5, 2015. The Class Notes belongs to CRM 210 at Missouri State University taught by Patrick Gartin in Summer 2015. Since its upload, it has received 35 views. For similar materials see introduction to the american criminal justice system in Criminology and Criminal Justice at Missouri State University.
Reviews for chapter 8 notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/05/15
Ch8 Pretrial Procedures Plea Bargaining and the Criminal Trial System From Arrest to Trial of Plea The There are a number of processes that occur between arrest and trial or plea These include 0 Booking initial appearance arraignment and pretrial motions Arraignment the formal court appearance in which the charges against the defendant are read and the defendant enters a plea of guilty or nonguilty usually the rst formal meeting between the prosecutor and the defendant Motions an application to a court requesting that an order be issued to bring about a speci c action Innocent people can be arrested based on mistaken identi cation or misinterpreted evidence Pretrial processes force prosecutors and judges to review evidence and dismiss charges against people 0 Stem from due process Booking after arrest includes taking photographs and ngerprinting forms the basis of the case record Within 48 hours of a warrantless arrest the defendant s taken to court for the initial appearance 0 Charges being pursued their rights opportunity for bail judge con rms evidence of the crime committed At the time of arraignment prosecutors begin to evaluate the evidence the accused persons fate rests largely on the prosecutors discretion Pretrial Release Bail a sum of money or property that defendants present to the court as a condition of pretrial release 18th amendment forbids excessive bail and state bail laws are usually designed to prevent discrimination in setting bail Congress and some states have passed laws that permit preventive detention of defendants because they pose a threat while awaiting trial Reality of the Bail System Involves a speedy decisionmaking process based on the judges view of the seriousness of the crime the speed of processing may result in differential treatment as people who can afford to pay bail are released and those who cannot remain in custody police officers set bail amounts in minor offenses a judge sets bail in court for serious offenses bail is determined 2448 hours after an arrest the overlap of racial minority status and poverty in American society can produce de nite disparities in regard to who s actually subjected to pretrial detention those who cannot make bail must remain in jail awaiting trial unless they can obtain enough money to pay a bail bondsman s fee Bail Agents private businesspeople who in exchange for a fee pay the bail for defendants who cannot pay it themselves bondsmen may build relationships with police and jailers to obtain referrals bail agents can pose ethical and practical problems for the system only 2 countries use commercial bail bond systems 0 US and Philippines 4 states have abolished private bail bond systems and rely on courts instead 0 Illinois Kentucky Oregon Wisconsin Setting Bail minor offenses have standard bail fees paid at the station house in serious cases the amount and conditions of release are a result of interactions between the judge prosecutor and defense attorney the prosecutor may stress the seriousness of the crime the defendants record and negative characteristics the defense attorney may stress the defendants job responsibilities and place in community the amount of bail may re ect on social class or racial or ethnic discrimination of the defendant Reforming the Bail System critics of the system focus on judges discretion with bail the fact that social class affects bail the negative aspects of bail agents and jail conditions while awaiting trial citation written order or summons issued by a officer directing an offender to appear in court at a certain time to answer a charge release on recognizance RORl pretrial release granted on the defendants promise to appear in court because the judge believes that the defendants ties to the community guarantee that heshe will appear percentage bail defendants may deposit a percentage of the full bail with the court usually 10 The full amount of bail is required if the defendant fails to appear The percentage of bail is returns after disposition of the case although the court often retains 1 percent for administrative costs poor people who are represented by the Bronx Defenders a nonpro t organization that handles defense for indigent defendants can receive loans from the fund in order to post bail and gain pretrial release to deal with the problem of unequal treatment reformers have written guidelines for setting bail the guidelines take into account the seriousness of the offense and the defendants prior record in an effort to protect the community and ensure that released suspects will likely return for court appearances for federal criminal charges congress enacted the Bail Reform Act of 1984 which authorizes preventive detention o holding a defendant for trial based on a judges nding that if the defendant were released on bail heshe would endanger the safety of any other person and the community or would ee the preventive detention provisions were upheld in the US V Salerno and Cafero 1987 Pretrial Detention defendants who aren t released before trial remain in jail and they re poor on pretrial detention or serving sentences Urban jails contain the mentally ill and drug addicts Defendants in jail may be experiencing stress fear anxiety depression withdrawal and they may be more likely to plead guilty in order to hasten their release American jails hold almost 600000 people on any one day Michael Welch calls the process in which police remove socially offensive people from certain areas quotsocial sanitationquot The period just after arrest is the most frightening and difficult time for suspects Plea Bargaining Negotiating a settlement copping a plea or copping out Most important step Most defendants accept plea bargains 0 Used by the courtroom workgroup to dispense of cases quickly Santobello v New York 1971 when a guilty plea rest on a promise of a prosecutor the promise must be ful lled chiefjustice was Warren Burger Exchange relationships in plea bargaining Plea bargaining results from exchanges between the prosecutor defense attorney defendant and the judge Reaching a plea may require numerous exchanges through the judicial process Tactics Prosecutors and defense attorneys are open with each other in plea neganUons Prosecutors may bring multiple charges to the bargaining table whereas defense attorneys may threaten to ask for a jury trial to strengthen the defendants position Pleas without bargaining As many guilty pleas as do other courts 0 Guilty pleas emerge after the prosecutor defense attorney and judge quotsettle the factsquot 0 The prosecution wants the defense to believe that strong evidence proves its version of events 0 The defense attorney wants to convince the prosecution that the evidence isn t solid and that there s a risk of acquittal if the case is heard by a jury Once they agree on the facts they ll decide the appropriate charge and agree on a sentence Called quotimplicit plea bargainingquot Legal issues in plea bargaining Boykin v Alabama 1969 before a judge may accept a plea of guilty defendants must state that they re making the plea voluntarily Missouri v Frye 2012 criminal defendants 6th amendment right to counsel includes protection ineffective assistance of counsel in the plea bargaining process such as defense attorney s failures to inform their clients about plea bargain offers 0 North Carolina v Alford 1970 a plea of guilty by a defendant who maintains hisher innocence may be accepted for the purpose of a lesser sentence Picketts v Adamson 1978 defendants must uphold the plea agreement or suffer the consequences Bordenkircher v Hayes 1978 a defendants rights weren t violated by a prosecutor who warned that refusing to enter a guilty plea would result in a harsher sentence Criticisms of Plea Bargaining o2 primary criticisms o Plea bargaining is unfair because defendants give up some of their constitutional rights like the right to jury o Sentencing policy and plea bargaining reduces society s interest in appropriate punishments for crimes 0 Center on the issues of fairness appropriate punishments lack of judicial scrutiny punishment for going to trial and innocent pleading guilty Exceptional Trails A number of factors determines in cases go to trial 0 Most important factor is seriousness of the charge 0 Most cases aren t determined by the trial but when they are the outcome can be determined either by a judge or a jury trial 0 Bench trials trails conducted by a judge who acts as fact nders and determines issues of law no jury participates ury a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty Jury trial 0 ln trials the prosecution and defense attorney compete as adversaries in front of a judge and jury with the goal of nding the truth 0 The judge ensures that the rules are followed and the jury decides the outcome juries perform 6 vital functions 0 Prevent government oppression by safeguarding citizens against arbitrary law 0 Determine whether the accused is guilty on the bases of the evidence presented 0 Represent diverse community interests so that no one set of values or biases dominates Serve as a buffer between the accuses and the accuser 0 Promote knowledge about the criminal justice system by learning about it through the juryduty process 0 o Symbolize the rule of law and the community foundation that supports the criminal justice system 0 Williams v Florida 1970 juries of fewer than 12 members are constitutional The trial process 0 8 steps 0 Selection ofjury Opening statements Presentation of prosecutors evidence and witnesses Presentation of defenses evidence and witnesses Presentation of rebuttal witnesses Closing arguments Instruction to jury by judge 0 Decision by jury Voir dire a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict Challenged for cause removal of a prospective juror by showing that heshe has become bias or some other legal disability The number of such challenges available to attorneys is unlimited Peremptory challenges removal of a prospective juror without giving a reason Attorneys are allowed limited number of such challenges 0 Real evidencephysical evidence Demonstrative evidence evidence that isn t based on witness testimony but that demonstrates information relevant to the crime Testimony oral evidence provided by a legally competent witness Direct evidence eyewitness accounts Circumstantial evidence evidence provided by a witness from which a jury must infer a fact Reasonable doubt the standard used by a jury to decide if the prosecution has provided enough evidence for conviction OOOOOO Evaluating the jury system 0 Men are more active participants than women whites more active than minorities and better educated people more active than the less educated people 0 Most jury and bench trials end in convictions Appeals 0 Appeal a request to a higher court appeal that review actions taken in a trial court Following a conviction the defendant typically has the right to appeal and the right to an attorney through the rst appeal Appeals are based on procedural questions rather than guilt A conviction overturned on appeal may result in a new trial Most appeals do not succeed State courts decide almost 45 of all appeals Habeas Corpus Habeas corpus a writ or judicial order requesting the release of a person being detained in a jail prison or mental hospital if a judge nds that the person is being held improperly the write may be granted and the person released about 1 percent of habeas corpus petitions succeed Antiterrorism and Effective Death Penalty Act placed restrictions on habeas corpus petitions Once appeals have been exhausted a writ of habeas corpus may be perused Ra rely successful Evaluating the Appellate Process Public believes that the appeals process lets offenders go free Due to the large number of plea bargains appeals probably represent a very small number of cases The appeals process is important in ensuring consistency in judicial proceedings righting wrongs and in uencing the daily processes of the courts
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'