1. Explain what happens during “Booking.” (155-156) # 1. Explain what happens during “Booking.” (155-156) Booking is the formal process of making a police.

• #1. Explain what happens during “Booking.” 1. Explain what happens during “Booking.” (155-156)(155-156)

• BookingBooking is the formal process of making a is the formal process of making a police record of the arrestpolice record of the arrest..

• At this time, the accused is asked to provide:At this time, the accused is asked to provide:–NameName–AddressAddress–Date of birthDate of birth–Place of employmentPlace of employment–And details about any previous And details about any previous

arrestsarrests

• #1 Continued#1 Continued::• Common Booking RequirementsCommon Booking Requirements::• FingerprintedFingerprinted• PhotographedPhotographed• In some cases police are allowed to In some cases police are allowed to

take fingernail clippings, handwriting take fingernail clippings, handwriting specimens, or blood samples for specimens, or blood samples for possible DNA analysis. Urine tests have possible DNA analysis. Urine tests have become more commonbecome more common

• #2. What happens after “Booking?” #2. What happens after “Booking?” (Explain initial appearance.) (156)(Explain initial appearance.) (156)• At this initial appearance the judgeAt this initial appearance the judge::• Explains the defendant’s rights;Explains the defendant’s rights;• Advises defendant of the exact nature of Advises defendant of the exact nature of

the charges;the charges;• The defendant has an attorney appointed The defendant has an attorney appointed

or is given the opportunity to obtain one; or is given the opportunity to obtain one; [and][and]• The judge may set bail.The judge may set bail.

• #3. How is initial appearance different #3. How is initial appearance different in a misdemeanor case compared to a in a misdemeanor case compared to a felony case? (156)felony case? (156)• In a misdemeanor caseIn a misdemeanor case: The : The

defendant is asked at the initial defendant is asked at the initial appearance to enter a plea of guilty or appearance to enter a plea of guilty or not guilty.not guilty.• In a Felony caseIn a Felony case: Defendant : Defendant DOES NOTDOES NOT

enter a plea until a later stage in the enter a plea until a later stage in the criminal process, known as criminal process, known as felony felony arraignment.arraignment.

• #4. What is the MOST important #4. What is the MOST important part of initial appearance? (156)part of initial appearance? (156)• THE MOST IMPORTANT PART THE MOST IMPORTANT PART

OF THE INITIAL APPEARANCEOF THE INITIAL APPEARANCE IS IS DECIDING WHETHER THE DECIDING WHETHER THE DEFENDANT WILL BE RELEASED DEFENDANT WILL BE RELEASED FROM CUSTODY AND, IF SO, FROM CUSTODY AND, IF SO, UNDER WHAT CONDITIONS.UNDER WHAT CONDITIONS.

•#5 What is the purpose #5 What is the purpose of bail? (157)of bail? (157)•The purpose of bail is to The purpose of bail is to

assure the court that the assure the court that the defendant will return for defendant will return for trial.trial.

• #6. Explain the 8#6. Explain the 8thth Amendment to the U.S. Amendment to the U.S. Constitution. (157)Constitution. (157)• ““Excessive bail shall not be Excessive bail shall not be

required, nor excessive fines required, nor excessive fines imposed, nor cruel and imposed, nor cruel and unusual punishments unusual punishments inflicted.”inflicted.”

• #7. What do judges consider #7. What do judges consider before releasing someone on before releasing someone on personal recognizance? (157)personal recognizance? (157)• Personal recognizancePersonal recognizance, or , or

personal bondpersonal bond, the defendant , the defendant must promise to return and must promise to return and must be considered a low risk must be considered a low risk of failing to show up for trial.of failing to show up for trial.

• #7 CONTINUED#7 CONTINUED• In determining the likelihood of a In determining the likelihood of a

defendant’s return the judge considers defendant’s return the judge considers factors such as:factors such as:

• The nature and circumstances of the The nature and circumstances of the offence;offence;

• The accused’s family and community ties;The accused’s family and community ties;• Financial resources;Financial resources;• Employment background;Employment background;• And prior criminal recordAnd prior criminal record

• ##8. What are some other non-8. What are some other non-monetary conditions used along monetary conditions used along with personal recognizance? with personal recognizance? (157)(157)

• Placing the defendant in the Placing the defendant in the custody of a third party; custody of a third party; • Requiring the defendant to Requiring the defendant to

maintain or get a job;maintain or get a job;

•#8. CONTINUED#8. CONTINUED•To reside at a certain To reside at a certain

address;address;•Or to report his or her Or to report his or her

whereabouts on a regular whereabouts on a regular basisbasis

•#9. What are some #9. What are some arguments against arguments against releasing defendants on releasing defendants on bail? (157)bail? (157)•Many times those who Many times those who

receive bail commit receive bail commit crimes while out on bail.crimes while out on bail.

• #9A. How has the Bail Reform Act solved the #9A. How has the Bail Reform Act solved the problem of those who are against releasing problem of those who are against releasing defendants on bail? (158defendants on bail? (158))• Some people argue that getting out on Some people argue that getting out on

bail should be more difficult…so bail should be more difficult…so Congress passed the Congress passed the Bail Reform Act in Bail Reform Act in 19841984::• The Bail Reform ActThe Bail Reform Act: Prevents someone : Prevents someone

from being released on bail if he or she from being released on bail if he or she is charged with a felony offense and is charged with a felony offense and believed to be dangerousbelieved to be dangerous

• #9A CONTINUED#9A CONTINUED::• the person being denied bail the person being denied bail

must have been charged must have been charged with a violent crime or a with a violent crime or a drug offense.drug offense.• In In addition, the individual must addition, the individual must

have been convicted of a felony have been convicted of a felony more than once.more than once.

• #10. What do supporters of pretrial #10. What do supporters of pretrial release state? (158)release state? (158)

• Pretrial release prevents punishment Pretrial release prevents punishment prior to conviction and gives prior to conviction and gives defendants the freedom to help defendants the freedom to help prepare their cases.prepare their cases.• High bail or holding a person in jail High bail or holding a person in jail

before the trial goes against the before the trial goes against the assumption “innocent until proven assumption “innocent until proven guilty.”guilty.”

• #11. Define and summarize all #11. Define and summarize all aspects of information (page 158).aspects of information (page 158).• information information – details of the nature – details of the nature

and circumstances of the charge.and circumstances of the charge.• The The informationinformation is a formal is a formal

criminal charge filed with the court criminal charge filed with the court by the prosecutor without the aid by the prosecutor without the aid of a preliminary hearing or a grand of a preliminary hearing or a grand jury.jury.

• #11 CONTINUED#11 CONTINUED• Information is based on the evidence Information is based on the evidence

a prosecutor collects during his or her a prosecutor collects during his or her preliminary investigation that preliminary investigation that suggests the defendant in custody suggests the defendant in custody committed the crime.committed the crime.• A defendant charged with a A defendant charged with a

misdemeanor is not entitled to a misdemeanor is not entitled to a preliminary hearing or a subsequent preliminary hearing or a subsequent grand jury review.grand jury review.

•#12. Is information used in felony or misdemeanor cases? (page 158)•Misdemeanor

• #13. Define and summarize all #13. Define and summarize all aspects of preliminary hearings aspects of preliminary hearings (page 160)(page 160)• Preliminary Hearing: is a screening

process used in about half of the states.• It is used in felony cases to

determine whether there is enough evidence to require the defendant to stand trial.

• #13. CONTINUED#13. CONTINUED

• The prosecutor is required The prosecutor is required to establish before the to establish before the judge that a crime probably judge that a crime probably has been committed and has been committed and that the defendant probably that the defendant probably did it. did it.

• #13 CONTINUED#13 CONTINUED

• In a preliminary hearing the In a preliminary hearing the defendant has the right to:defendant has the right to:–Be represented by an attorney;Be represented by an attorney;–To cross-examine prosecution To cross-examine prosecution

witnesses; [and]witnesses; [and]–To call favorable witnesses.To call favorable witnesses.

• #14. Define Grand Jury (page 160)#14. Define Grand Jury (page 160)• Grand JuryGrand Jury: (: (guardians of the guardians of the

rights of the innocentrights of the innocent) is a ) is a group of 16 to 23 people group of 16 to 23 people charged with determining charged with determining whether there is sufficient whether there is sufficient cause to believe that a person cause to believe that a person has committed a crime and has committed a crime and should stand trial. should stand trial.

• #15. What does the 5#15. What does the 5thth Amendment to the US Amendment to the US Constitution require? (page 160)Constitution require? (page 160)• Fifth AmendmentFifth Amendment: before anyone : before anyone

can be tried for a serious crime in can be tried for a serious crime in federal court, there must be a federal court, there must be a grand jury grand jury indictmentindictment, or formal , or formal charge of criminal action.charge of criminal action.

• #16. What must a prosecutor do to secure an #16. What must a prosecutor do to secure an indictment, indictment, or formal charge of criminal or formal charge of criminal actionaction? (page 160)? (page 160)

• To secure an indictment, a prosecutor: Presents evidence to convince members off the grand jury that a crime has been committed and that there is probable cause to believe that the defendant committed it

• #17. #17. Grand Jury Rules…complete Grand Jury Rules…complete each of the following statements each of the following statements belowbelow: (page 160): (page 160)• Neither the Neither the defendant nor his or defendant nor his or

her attorney has a right to appear her attorney has a right to appear before a grand jurybefore a grand jury• A judge is A judge is not present and rules of not present and rules of

evidence do not apply;evidence do not apply;

• #17 CONTINUED#17 CONTINUED……• The prosecutor isThe prosecutor is not required to present all not required to present all

the evidence or call all the witnesses as long as the evidence or call all the witnesses as long as the grand jury is satisfied that the evidence the grand jury is satisfied that the evidence presented amounts to probable cause;presented amounts to probable cause;

• IF a majority IF a majority of the grand jurors do not believe of the grand jurors do not believe that sufficient evidence has been presented, that sufficient evidence has been presented, no indictment will be issued, and the no indictment will be issued, and the complaint against the defendant will be complaint against the defendant will be dismissed.dismissed.

•#18. Do grand juries #18. Do grand juries happen in both state and happen in both state and federal cases, just federal federal cases, just federal cases, or just state casescases, or just state cases? ? (page 160)(page 160)•AnswerAnswer: Both Federal and : Both Federal and

State State

• #19. #19. What happens after a defendant What happens after a defendant pleads guilty pleads guilty (page 161)?(page 161)?• Answer: If a defendant pleads guiltyAnswer: If a defendant pleads guilty, the , the

judge will set a date for sentencingjudge will set a date for sentencing• #20. #20. What happens if a defendant pleads What happens if a defendant pleads

not guilty not guilty (page 161)?(page 161)?• Answer: If the defendant pleads not Answer: If the defendant pleads not

guiltyguilty, the judge will set a date for trial , the judge will set a date for trial and ask whether the defendant wants a and ask whether the defendant wants a jury trial or trial before a judge alone, jury trial or trial before a judge alone, called called BENCH TRIALBENCH TRIAL..

• ##21 21 What does nolo contendere What does nolo contendere meanmean? (page 161)? (page 161)• AnswerAnswer: is a plea in which the : is a plea in which the

defendant does not admit guilt but defendant does not admit guilt but also does not contest the charges.also does not contest the charges.• #21A. Is nolo contendere equivalent #21A. Is nolo contendere equivalent

to pleading guilty or not guilty? (page to pleading guilty or not guilty? (page 161)161)• AnswerAnswer: Guilty: Guilty

• #21B. #21B. What is the advantage of What is the advantage of pleading nolo contenderepleading nolo contendere? (page ? (page 161)161)• AnswerAnswer: : The only advantage of The only advantage of

this plea this plea to the defendant is that to the defendant is that it cannot be used as evidence in a it cannot be used as evidence in a later civil trial for damages based later civil trial for damages based on the same set of facts.on the same set of facts.

• #21c. What happens after a nolo contendere plea (page 161)?•ANSWER: After this plea,

there is no trial. Instead, the defendant proceeds directly to the sentencing phase.