0131389033 ppt07

CJ 2011James A. Fagin

Chapter 7:Courtroom Participants

and the Trial


© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights

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After completion of this chapter, students should be able to:

Describe the basic legal philosophy of a criminal trial

Understand how court jurisdiction is determined

Identify major pretrial proceedings Explain the Sixth Amendment requirement for a speedy trial

Know the roles of the participants in a criminal trial



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The concept that a trial is a ‘battle’ between the state and a legal ‘champion’ who represents the defendant

Trials are complex because many criminal justice agencies and personnel must interact in the pursuit of justice: police, prosecutors, judges, jurors, victims and offenders



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Police and the prosecutor work together to bring charges

This serves as a check and balance

Police arrest does not guarantee the prosecutor will prosecute

Thus the phrase ‘Prosecutorial Discretion’



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Three other important decisions that are made before the trial are:1. setting bail,2. determining the competency of the defendant to stand trial

3. plea bargaining



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Eighth Amendment of the Constitution recognizes the concept of bail:Bail may be set by a scheduleAmount is typically based upon possible fineCan be denied if defendant is a flight riskCan be denied for reasons of community safety



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Manhattan Bail Project Release on Recognizance (ROR)

Conditional Release

Property Bond

Signature Bond



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The controversy over bail has centered on:1. What is excessive bail?

2. When can bail be denied?

3. Does the bail system discriminate against the poor?



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Reduces time and cost associated with court case

Keeps back-logged dockets moving

Over 90% of defendants receive a plea bargain

Plea can surround the charges or the range of sentencing



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A criminal case must assure defendant the right to a speedy trial under the Sixth Amendment

Federal prosecutor has 30 days to seek an indictment

Federal prosecutor has 70 days to start trial



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Motion for discovery

Motion for suppression

Motion for change of venue

Motion for continuance continued…



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Motion for dismissal

Motion for a bill of particulars

Motions for severance of charges or defendants



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Prosecutor

Defense Attorney

Judge

Jury continued….



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Court reporter

Clerk of the court

Witness

Bailiff



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Pretrial motions Jury Selection Opening Statements Prosecutor’s Case Defense Case Rebuttalcontinued…



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Surrebuttal Closing Arguments Charge to the Jury Deliberation Verdict Sentencing



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Selecting fair citizen jurors has been a major challenge for courts

‘Jury of One’s Peers’ requires a broad base of citizens who represent the community

Jury size of ‘12’ is a tradition, not a constitutional requirement

0131389033 ppt07

Economy & Finance

criminal trial

speedy trial

concept of bail

bail system

excessive bail

court case

criminal case

suppression motion