University of Houston Law Center



Chapter 13 Criminal Justice Process: Proceedings Before Trial Goals Understand the pre-trial processState the relationship between bail and the 8th amendment Evaluate arguments for and against the use of plea-bargaining.Methodology and timingStart discussion: After a person is arrested, what happens?They are taken to a police station for booking.Booking is the formal process of making a police record of an arrest. Police officer records information about the suspect (name, address, birthday, appearance) and alleged crime. The police officer will also conduct a background check, takes the suspect’s fingerprint and mugshot and seizes and inventories any personal property, which will be returned when the suspect is released. The suspect is then checked to see if he or she is intoxicated and is usually allowed to make 1 phone call. Initial Appearance:For less serious crimes, a suspect may be allowed to post bail immediately after being booked. Otherwise, the suspect will have to wait (usually less than 48 hours) for an initial hearing, where the judge will decide whether the accused is eligible for bail and at what cost.For misdemeanors case, the defendant is asked at the initial appearance to enter plea or guilty or not guilty. But for felonies, the defendant does not enter a plea until a later state in the criminal process. Bail:What is bail? Money posted by a defendant to be released from jail prior to trial.What is the purpose? To assure the court that the defendant will return to trial. Bail is usually set by the crime committed, the likely hood of fleeing, and the safety of society in general. Usually a bond of 10% [of total bail] is required to be released from jailIf the defendant cannot come up with that amount they usually go to a bail bondsman who will require a percentage of the money required to pay bail. The initial fee is not refundable. The bail bondsman will take a security of individual’s assets.If you don’t show up, the bail will be lost and a new warrant will be issued for your arrest. What might be a problem with bails? Not everybody can afford them. Some courts and legislatures have developed programs to release defendants without requiring any money.In order to be eligible for release on personal recognizance, the defendant must promise to return and must considered a low risk of failing to show up. Usually, offered for minor crimes.However, there can be disadvantages to setting people free on bail before trial. Because of this we have the Bail Reform Act, which can prevent someone from being freed on bail if he or she is charged with a federal felony and believed to be dangerous. But there must be a hearing for this. However, most states have not adopted similar legislation.Preliminary Hearings: Used in felony cases to determine if there is enough evidence for the defendant to stand trial (if there is not enough evidence the defendant can be released)Both sides can call witnesses and present evidenceGrand Jury: Can be used in serious felony cases instead of a preliminary hearing. Some states utilize both procedures.16-23 people decide if there is sufficient evidence to indict the defendant. Arraignment: Once the charges are filed, in a felony case, the defendant will enter a plea. The Court will give the accused a copy of the charging instrument (complaint, information or indictment), and she will have an opportunity to:Have the charges read in open court, Enter a plea, and Request a continuance, if needed. Pre-trial Motions: Motion: a request that the court make a ruling or take some actionMotion for Discovery of Evidence: request by the defendant to examine certain evidences of the prosecution before the trialMotion for a Continuance: request for more time to prepare the caseMotion for Change of Venue: request to change trial location to avoid community hostility.4. Motion to Suppress Evidence: request that certain evidence not be allowed to be presented 6. Plea Bargain Exercise: Announce we will be reading the case of Joey and Alex.Hand out a copy of the rules of The Plea Bargain Game.Ask for volunteers to read each paragraph out loud. (5-7 minutes)Tell the students that they will be broken into groups of four. One person will play the role of Joey (the accused). Another person will play the role of Joey’s Lawyer. The other two people will play the role of prosecutors. Count off students 1-4. Assign the groups to different areas of the classroom.Explain that they have 5-7 minutes to brainstorm arguments with their partners. Joey and Joey’s attorney will talk in private. The prosecutors will also talk in private.We instruct the role-players to formulate the best arguments for their respective side. Joey and Joey’s attorney will then meet with the prosecutors and have a negotiation.We will give them 7-10 minutes to negotiate, during which we will be checking with the groups to make sure that they are on track.We’ll encourage the students to think about moral, economic, and practical arguments.The groups are allowed to come up with a plea agreement but do not have to come to an agreement.After 10 minutes of negotiation we will call time. Then we will go around to each group and have them explain to the class how their plea bargain went. (allow 7-10 minutes total) If they did not come to an agreement we will simulate a 50-50 jury decision and determine Joey’s guilt or innocence and Joey’s jail sentence. Even if they did come to an agreement we will still simulate a 50-50 jury decision to show what would have happened if an agreement wasn’t reached.Rearrange the desks back to normal and have a class follow-up discussion.7. If time permits, Follow Up DiscussionWhether they thought that this was a real case or not.What did they find challenging about their roles (prosecutor, defense, and judges)Were they satisfied with the agreements they made or didn’t make.Explain that this is how many cases are resolved and that many cases don’t make it through the trial process. Ask the students the pros and cons of this type of system.MaterialsPlea Bargain HandoutChart: Sequence of Events in the Criminal Justice System Evaluation Evaluate students understanding of plea-bargaining through the class exercise. ................
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