CSI: Chapter 13 Notes

Procedures Before Trial

1. Booking:
a. Fingerprinted, photo, ..
b. DNA (if necessary)

2. Initial Appearance: Appear before a _______________ *most

important part: deciding if defendant will be released from custody and
under what conditions.
a. Nature of charges given
b.
c. Bail (possible)
i. Bail:
Purpose:
8th Amendment:
Release on personal recognizance:

Problems with letting defendants out while awaiting

trial:

Denial of bail:
*Must have a hearing * violent crime or drug
offense

3. Preliminary Hearing:
Used in _______________ cases, to :
Prosecutor required to establish
a.
b.
Outcomes:
a) On to grand jury OR b)
dismissed

Grand Jury: (can be in place of preliminary hearing) group of _____

to _____ people who determine:
4. Indictment (5th Amendment):
Prosecutor presents evidence to a grand jury. ______________ or
______________ DO NOT appear before the jury. Have to prove
probable cause
5. Arraignment: After indictment, defendant issues a plea
i. Guilty= a date will be set for
_______________
ii. Not Guilty= a date will be set for
________________
Nolo Contendere:
 6. Pretrial Motions: (4)

** 90% of criminal cases never go to trial. Why?

7. Plea Bargaining: can save prosecutors time and money. Why

is plea bargaining controversial?

CSI: Chapter 14 Notes:

The Trial
Due Process:
Accused people are entitled to:
a. Trial by jury without undue delay
b.
c. To confront and cross examine witnesses
d. Refuse to:
e.

A. Trial by Jury: 6th Amendment

Not used very often
Defendants can ___________ (give up) this right and have a
bench trial
Jury Selection:
Federal juries consist of __________ people and must reach a
unanimous verdict. States must have at least 6.
Voir Dire:

For Cause Challenge:

Each side has a limited number of peremptory

challenges:

B. Speedy Trial -6th Amendment, no definition of speedy

C. Compulsory Process for obtaining a witness

1. Subpoena:
2. Right to confront a witness and cross examine (an
exception would be due to contempt of court)
D. Freedom from Self Incrimination
1. Right to testify or not
2. Immunity:
 E. Right to an Attorney 6th amendment
Gideon v Wainwritght (1963):

Public defender vs private attorney

Not guilty verdict: usually the end of the case. Prosecution cannot
appeal
Double jeopardy:
Guilty verdict:
Mistrial
Appeal

Trial courts determine:

Appellate courts determine:

Petitioner/Appellant:
Writ of habeas corpus: