This document outlines the key procedures and rights involved in a criminal trial process from arrest through appeal. It begins with an overview of the rights of an arrested person under the 5th, 6th, and 8th amendments of the US Constitution, including the right to remain silent, use of an attorney, fair trial, etc. It then describes the booking process upon arrival at the jail, including fingerprinting and mugshots. Finally, it discusses options for pre-trial release like cash bail, surety bail bonds, property bonds, release to parents for juveniles, and own recognizance. The document provides a high-level summary of the criminal trial process and rights of defendants from arrest through potential pre-trial release.
This document outlines the key procedures and rights involved in a criminal trial process from arrest through appeal. It begins with an overview of the rights of an arrested person under the 5th, 6th, and 8th amendments of the US Constitution, including the right to remain silent, use of an attorney, fair trial, etc. It then describes the booking process upon arrival at the jail, including fingerprinting and mugshots. Finally, it discusses options for pre-trial release like cash bail, surety bail bonds, property bonds, release to parents for juveniles, and own recognizance. The document provides a high-level summary of the criminal trial process and rights of defendants from arrest through potential pre-trial release.
This document outlines the key procedures and rights involved in a criminal trial process from arrest through appeal. It begins with an overview of the rights of an arrested person under the 5th, 6th, and 8th amendments of the US Constitution, including the right to remain silent, use of an attorney, fair trial, etc. It then describes the booking process upon arrival at the jail, including fingerprinting and mugshots. Finally, it discusses options for pre-trial release like cash bail, surety bail bonds, property bonds, release to parents for juveniles, and own recognizance. The document provides a high-level summary of the criminal trial process and rights of defendants from arrest through potential pre-trial release.
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Trial Procedures Outline 1. Arrest 2. Booking and Bail 3. Arraignment 4. Discovery 5. Preliminary hearing or Grand Jury 6. Prosecutor information or Grand Jury indictment 7. Plea bargaining 8. Trial 9. Jury verdict 10. Sentencing 11. Appeal 3 ARREST A person is deprived of their freedom. 4 ARREST Rights of an arrested person are found in the 5 th , 6 th , and 8 th amendments of the U.S. Constitution 5 5 th amendment 6 The police and the prosecutor are trying to convict you. You are not required to help them.
6 th amendment 7 Informed of the nature and cause of the accusation Speedy and public trial Impartial jury Assistance of counsel Confront witnesses In toate cazurile penale acuzatul trebuie s aib dreptul la o judecat public rapid de ctre un juriu imparial din statul i districtul unde crima va fi fost comis, care district va fi fost stabilit n prealabil dupa preceptele legale; acuzatul trebuie s fie informat cu privire la natura i motivul acuzaiei; s fie confruntat fa n fa cu martorii care depun mrturie mpotriva lui; s existe o procedur obligatorie pentru a obine martori n favoarea sa i s aib asistena unui avocat pentru apararea sa. 8 th amendment 8
No excessive bail No excessive fines No cruel or unusual punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARREST Rights of an arrested person: Cannot be forced to be a witness against themselves. 9 ARREST Rights of an arrested person: Cannot be deprived of life, liberty, or property without due process of law. 10 ARREST Rights of an arrested person: Know the charges 11 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) 12 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent 13 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent Use the telephone 14 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent Use the telephone Bail 15 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent Use the telephone Bail Have an attorney during questioning 16 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent Use the telephone Bail Have an attorney during questioning Fair trial 17 ARREST Rights of an arrested person: Know the charges Names of arresting officer(s) Remain silent Use the telephone Bail Have an attorney during questioning Fair trial Presumed innocent 18 BOOKING AND BAIL 20 BOOKING AND BAIL Arrested person brought to jail 21 BOOKING AND BAIL Arrested person brought to jail Booking is the jail intake procedure 22 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons 23 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained 24 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained Fingerprinted 25 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained Fingerprinted Mug shot 26 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained Fingerprinted Mug shot Check for warrants 27 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained Fingerprinted Mug shot Check for warrants Data entered into computer system 28 BOOKING AND BAIL Arrested person brought to jail Booking Searched for weapons Personal belongings catalogued and retained Fingerprinted Mug shot Check for warrants Data entered into computer system Bail set 29 6 ways to get out of jail while waiting for your court date: Cash bail Surety bail Property bond Custody of your parents (for juveniles) O.R. Release on citation (Cite Out) 30 BOOKING AND BAIL After booking, the arrested person may not have to stay in jail until their trial. They may be released on bail. 31 BAIL Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial. 32 BAIL Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial. Bail amount is different for different crimes. 33 BAIL Each county sets an amount of money (bail) someone can pay to the court as a promise that you will return for your trial. Bail amount is different for different crimes. (see Felony and Misdemeanor Bail Schedule) 34 http://www.saccourt.ca.gov/criminal/docs/felony-misdemeanor-bail-schedule.pdf 35 36 37 38 39 BAIL Two major types of bail: Cash Bail Surety Bail Bond 40 CASH BAIL Someone pays the entire amount of the bail in cash, for example $50,000 41 CASH BAIL Someone pays the entire amount of the bail in cash, for example $50,000 This $50,000 will be kept by the court if the accused does not return to court for all of his/her court dates until the conclusion of the case. 42 CASH BAIL Someone pays the entire amount of the bail in cash, for example $50,000 This $50,000 will be kept by the court if the accused does not return to court for all of his/her court dates until the conclusion of the case. If the accused returns to all court dates, the $50,000 is returned to the person who submitted it. 43 BAIL Two major types of bail: Cash Bail Surety Bail Bond 44 SURETY BAIL BOND If you dont have $50,000 in cash, you can get a bail bond agency to pay it for you 45 46 SURETY BAIL BOND Someone pays a bail bond agency 10% of the bail and gives the bail bond agency ownership of some collateral for the rest of the bail. 47 48 SURETY BAIL BOND Someone pays a bail bond agency 10% of the bail and gives the bail bond agency ownership of some collateral for the rest of the bail. Collateral: 49 SURETY BAIL BOND The bail bond agency pays the entire bail for you. You get out of jail. 50 SURETY BAIL BOND If you show up for all your court dates, the person who put up the collateral gets ownership of the collateral back from the bail bond agency. Collateral: 51 SURETY BAIL BOND They never get their money back from a bail bond agency. 52 SURETY BAIL BOND They never get their money back from a bail bond agency. The 10% belongs to the bail bond agency. 53 SURETY BAIL BOND They never get their money back from a bail bond agency. The 10% belongs to the bail bond agency.
54 PROPERTY BOND Rarely used The court puts a lien on the arrestees house If arrestee does not appear in court, the house is sold at auction. 55 PARENT CUSTODY If you are under 18 years old, you can be released to the custody of your parents or legal guardian. In some US counties, there is no bail for juveniles. 56 O.R. You may not have to stay in jail until your trial. At your arraignment (first time in front of a judge), you may be released on your own recognizance, nicknamed O.R. 57 O.R. You or your attorney asks the judge to release you from jail on your own recognizance You promise to return to court on your trial date Judges look at Whether the you pose a threat to public safety The seriousness of the crime Your criminal history Your flight risk You are trusted to return to court on your court date. 58 CITATION RELEASE CITE OUT Instead of being arrested (for trespassing, for example) the police may just give you a citation (a ticket) telling you to pay a fine or appear in court. You are immediately released. 59 6 ways to get out of jail while waiting for your court date: Cash bail Surety bail Property bond Custody of your parents (for juveniles) O.R. Release on citation (Cite Out) 60 Charge/Warrant Request After booking and bail it set, police fill out a charge/warrant request and send it to the District Attorneys office to start the prosecution. 61 COMPLAINT The district attorneys office takes the police charge and creates a complaint A complaint is a piece of paper that shows what crimes you are accused of. 62 ARRAIGNMENT A court proceeding. (First time in front of a judge in a courtroom) 63 ARRAIGNMENT If in custody, must happen within 2 court days of your arrest 64 ARRAIGNMENT If you are bailed out of jail, may be weeks after your arrest. 65 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) 66 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights 67 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights Attorney assigned 68 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights Attorney assigned No witnesses or evidence; no arguments 69 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights Attorney assigned No witnesses or evidence; no arguments Released on O.R. (Own Recognizance) or bail is set, adjusted, or revoked. 70 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights Attorney assigned No witnesses or evidence; no arguments Released on O.R. (Own Recognizance) or bail is set, adjusted, or revoked. Enter a plea of guilty, not guilty or no contest (Nolo contendere). 71 PLEAS 72 Guilty Not Guilty No Contest PLEAS Guilty means you admit you did exactly what the complaint says you did and that youre ready to receive your punishment. 73 PLEAS Not Guilty means you deny that you did what the complaint says you did. 74 PLEAS No contest - a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain. 75 ARRAIGNMENT First appearance before a judge Charges explained (Charging document = complaint) Advised of rights Attorney assigned Plea bargain? No witnesses or evidence; no arguments Released on O.R. (Own Recognizance) or bail is set, adjusted, or revoked. Enter a plea of guilty, not guilty or no contest. 76 ARRAIGNMENT--Melissa Huckaby http://www.youtube.com/watch?v=89PSY7vUZNM 77 DISCOVERY Both sides get time to discover the truth by: 78 DISCOVERY Both sides get time to discover the truth by: Conducting depositions (interviewing witnesses face-to-face under oath) Sending out interrogatories (written questionnaires) Ordering lab tests on physical evidence Ordering medical examinations Ordering mental examinations Obtaining documents (subpoena, if necessary) 79 SUBPOENA A court order for a person to arrive at a certain place at a certain time A court order to supply documents 80 SUBPOENA 81 DEPOSITION 82 The sworn testimony of a witness DEPOSITION 83 DEPOSITION Court Reporter 84 DEPOSITION Witness Court Reporter 85 DEPOSITION Court Reporter Witness Witness Attorney 86 DEPOSITION Court Reporter Witness Witness Attorney Opposing Attorney (Questioner) 87 DEPOSITIONTupac (3min clip) http://www.youtube.com/watch?v=9DBAcZpY90k 88 The sworn testimony of a witness taken before trial, usually in a lawyers office DEPOSITION 89 The sworn testimony of a witness taken before trial, usually in a lawyers office not testimony taken in a courtroom no judge present witness is placed under oath questions and answers are recorded lawyers for one party may ask questions If the witness is unavailable to testify at trial, the deposition of that person may be used Part of the pre-trial discovery (fact-finding) process DEPOSITION 90 INTERROGATORIES 91 Written questions to the other party (NOT to a third party) A way to discover the truth before a trial Written responses to an interrogatory are given under oath and can be used in court INTERROGATORIES Interrogatory 1: Please identify all persons known to you to have personal knowledge of the facts pertaining to the occurrence, and indicate those who were eye witnesses, and state the substance of their knowledge and articulate their expected testimony. 92 PRELIMINARY HEARING or GRAND JURY 93 PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial? 94 PRELIMINARY HEARING Happens within 14 days of the arraignment. 95 PRELIMINARY HEARING Lawyers, witnesses, evidence, and a judge 96 PRELIMINARY HEARING No jury at a preliminary hearing 97 PRELIMINARY HEARING Prosecutor presents enough evidence to convince the judge that a crime probably took place and the defendant probably did it. 98 PRELIMINARY HEARING Judge decides if the defendant should be: bound over for trial case should be dismissed charge should be reduced to a misdemeanor. 99 2 nd ARRAIGNMENT If the case is bound over, the defendant is again arraigned (given formal notice of the charges against him or her). The charging document is now called an Information. 100 An INFORMATION A piece of paper prepared by the prosecutors office that contains the charges that will be used in a court jury trial. 101 An INFORMATION 102 An INFORMATION 103 PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial? 104 Grand Jury 105 They are ordinary citizens. They dont have to have any experience with the law. Grand Jury 106 The members of the Grand Jury volunteer to work for one year (no pay). Grand Jury 107 Be 18 years old Be a citizen of Sacramento County Not be a felon Read and speak English
YOU can volunteer to be on Sacramento Countys Grand Jury (a very good idea if youre serious about a career in law). To be on the Grand Jury, you need to: 108 Citizens apply for a position online in January and, if selected, take a seat on the Grand Jury from July 1 to June 30. Grand Jury 109 Two duties:
1.Investigate public officers, offices and transactions within the county. Grand Jury 110 Two duties:
1.Investigate public officers, offices and transactions within the county. 2.Consider criminal matters brought by the District Attorney to determine if sufficient evidence exists to support the case going to trial (just like a Preliminary Hearing does, except the Grand Jury meets in secretnot open to the public). Grand Jury 111 If the Grand Jury finds that there is enough evidence to have a trial, they create a charging document called an Indictment. Grand Jury 112 An INDICTMENT A piece of paper prepared by the Grand Jury that contains the charges that will be used in a court jury trial. 113 An INDICTMENT 114 An INFORMATION Do you remember what this is and who prepares it? 115 An INFORMATION A piece of paper prepared by the prosecutors office that contains the charges that will be used in a court jury trial. 116 An INDICTMENT A piece of paper prepared by the Grand Jury that contains the charges that will be used in a court jury trial. 117 PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial? 118 Plea Bargaining 119 120 Plea Bargaining Anytime before the verdict is read by the judge, plea bargaining may take place. Plea Bargaining Plea bargaining means the arrested person is willing to plead guilty to a lesser charge. 121 Anytime before the verdict is read by the judge, plea bargaining may take place. The arrested person and their attorney will bargain with the prosecutor: If youll drop the charges, Ill plead guilty to a lesser crime. Is it a deal? 122 Plea Bargaining Avoids all the hassle of a jury trial. the possibility of being convicted of a more serious crime and being sentenced more harshly. Plea Bargaining 123 For example, a person charged with first-degree murder may be sentenced to death if convicted by a jury.
The person may be willing to plead guilty to second-degree murder to avoid the jury and the possibility of the death penalty. Plea Bargaining 124 For example, an arrested person may be willing to plead guilty to trespassing instead of going to trial for burglary. Plea Bargaining 125 Its completely up to the prosecutors office and the judge to accept a plea bargain.
Plea Bargaining 126 Its completely up to the prosecutors office to accept a plea bargain.
Plea Bargaining If they think the evidence is strong, they dont have to accept a guilty plea to a lesser charge. 127 JURY TRIALS 128 2 Types of Juries 129 2 Types of Juries Petit Jury 130 2 Types of Juries Petit Jury Grand Jury 131 Petit Jury 132 The ordinary trial jury of twelve people the kind you see on TV shows and the movies. Petit Jury 133 Duty: Find out the facts. Petit Jury 134 A new jury is formed for each court case. Petit Jury 135 Federal criminal juries consist of 12 people, who must all agree on a verdict (a unanimous verdict). Petit Jury 136 Federal civil juries may consist of six people. Petit Jury 137 California state civil juries consist of 12 people, but only 9 of them have to agree. Petit Jury 138 7 Steps in a Jury Trial 139 7 Steps in a Jury Trial 1. Jury selection 2. Opening statements 3. Introduction of evidence 4. Closing arguments 5. Jury instructions 6. Jury verdict 7. Court sentencing 140 7 Steps in a Jury Trial 1. Jury selection 141 7 Steps in a Jury Trial 2. Opening statements 142 7 Steps in a Jury Trial 3. Introduction of evidence 143 7 Steps in a Jury Trial 4. Closing arguments 144 7 Steps in a Jury Trial 5. Jury instructions 145 7 Steps in a Jury Trial 6. Jury verdict 146 7 Steps in a Jury Trial 7. Court sentencing 147 7 Steps in a Jury Trial 1. Jury selection 2. Opening statements 3. Introduction of evidence 4. Closing arguments 5. Jury instructions 6. Jury verdict 7. Court sentencing 148 Sentencing (ordering punishment) If a defendant has been found guilty at trial or has plead guilty, a new court hearing is set to determine the imposition of a sentence (a punishment) TRIAL IN COURT SENTENCING IN COURT 149 Sentencing Witnesses (such as family members) may bring compounding or mitigating information to the judge at the sentencing hearing. 150 Sentencing Compounding information: the punishment should be harsh examples: previous convictions, heinous crime
Mitigating information: the punishment should be lenient examples: payment of restitution, first offence 151 Sentencing (ordering punishment) Probation Fine Jail/Prison 152 Appeal Appeal: Ask for a new trial. Reasons for an appeal: The trial was unfair. The judge made a mistake. The law is unconstitutional. NOT I didnt like the decision of the lower court Brown v. Board of Education 153