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Chapter 13
Proceedings Before Trial -Booking -Formal process of making a police record of an arrest -Record suspect information -Fingerprint, photograph -Sometimes, drug test, breathalyzer test -Initial Appearance -Accused appears before judge -Judge explains rights, explains charges -Misdemeanor -Enters plea -Felony -Does not enter plea until arraignment hearing -Sometimes can have preliminary hearing -Bail -Can be released from custody by making bail -Purpose: To ensure accused will return for trial -Paid directly to court -Sometimes full amount; other times a percentage -If person does not return, lose bail money -If person returns, money is returned -Bail bondsman -Can pay someone 10% (usually) to pay your bail -They keep 10% no matter what -Most are recognized by the courts -Have almost unlimited rights to ensure you return -If you don’t returnàmore powers than police -Released on “personal recognizance”1 -Accused promises to return -No money is put up for bail -Can also place other restrictions -Surrender of passport, reside at particular address, keep a job, etc. -Bail does NOT have to be given in all cases
Preliminary Hearing -Used in felony cases to decide if there’s enough evidence to even continue -Prosecutor lays out general outline of case -If no probable cause is found, case dismissed -Prosecutor can resubmit cases (sometimes)
Grand Jury -Group of 12-23 people charged with determining whether there is sufficient cause that a person has committed a crime and should be charged with a crime -“Indicts” a suspect (formal charges of a crime) -Missouri has grand jury proceedings -Prosecutor presents evidence -Convince jury -No judge present -Accused not present, but allowed to testify -Grand Jury can indict for lesser/more severe crime than prosecutor wants
Pleas -Guilty -Not Guilty -Nolo contendere -Accused does not admit guilt but also does not contest the charges -Advantage is that plea cannot be used as evidence in a civil trial -No trial
Exclusionary Rule -Pretrial motion -Formal request that a court make a ruling or take some action -Motion for discovery of evidence -Request by defense to examine prosecution’s evidence -Motion for a continuance -Seeks more time to prepare -Motion for change of venue -Request to move case to another jurisdiction -Motion to suppress evidence -Invalid search warrant; illegal search, etc. -Exclusionary rule (last unit)
Plea Bargaining -Only approximately 10% of all crimes are brought to trial -Admitting guilt to a crime in exchange for a lesser sentence -Cheaper, faster
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