Pre-trial ProcessThe defense’s goal is to protect people from getting convictedThe prosecution want the maximum punishment for the defenseProsecutorsThey have a lot of discretionThey have the authority to choose to or not to charge the suspectThey can choose to dismiss the case once they get itThey have the ability to choose what charge to actually charge you withThey can pick the most severe or less severe chargeThey can decide if they want to plea bargain at allThey decide when and to who they grant immunityAll this discretion is limitedEqual protection in the 14th amendment and due processThey can not make up their mind based on unjustifiable factorsRaceReligionSexualitySelective ProsecutionWhen a defendant is singled out to charge on unfair grounds like race, political affiliation, religion etcViolates equal protection (14th amendment)Vindictive ProsecutionWhen new or more serious charges are brought just because a defendant exercises his constitutional rightsUsually happens after a defendant wins on appealThe prosecution gets mad when the court turns the case overThat means they made a mistake in the caseThe prosecution beefs everything upEx. If someone was charged with aggravated assault, they’ll then make the charge attempted murder using the same factsPre-Trial ReleaseBailExcessive bail should not be requiredCourt does not care if the bail is excessive for you but they judge the bail on the chargeSo a shoplifting charge can not get a $30,000 bailWhen bail is paid you get out on bondIt much easier for the personThey can meet with their lawyers a lot easierGet some money for the trialGet witnesses before the trialReasons to deny bondWhen it’s a death penalty case- they can easily runWhen you’re charged with burglaryWhen you have a lot on your recordWhen the defendant is likely to run when on bond (flight risk)The defense will try and make it obvious that you wont run because everything you have is in one placeWhen the defendant is likely to intimidate other witnessesIf the suspect will likely commit crimes when they’re out on bondSure set a bond, but they might commit another crimeIt isn’t for sure but they cant hold someone on something that isn’t solidTypes of bondsPR BondSign and leaveNo money to oweCash or property bondCourt will tell you to put up a piece of property that is up to whatever amount it isYou can sell some property and bring the money to courtDeposit bondAka 10%If you go in front of the judge and they tell you you have $1000 and 10% (or whatever percent depending on the judge)Bonding companyIt will put up money and get you outThey will charge you a feeYou won’t get your money back (unlike court)CRJU 203 1st Edition Lecture 12Outline of Current Lecture I. Pre-trial process II. Prosecutors III. Selective Prosecution IV. Vindictive Prosecution V. Pre-Trial Release VI. Types of bonds Current Lecture Pre-trial Process - The defense’s goal is to protect people from getting convicted - The prosecution want the maximum punishment for the defense  Prosecutors - They have a lot of discretion - They have the authority to choose to or not to charge the suspect - They can choose to dismiss the case once they get it - They have the ability to choose what charge to actually charge you with o They can pick the most severe or less severe charge - They can decide if they want to plea bargain at all - They decide when and to who they grant immunity - All this discretion is limited - Equal protection in the 14th amendment and due process - They can not make up their mind based on unjustifiable factors o Race o Religion o Sexuality  Selective Prosecution - When a defendant is singled out to charge on unfair grounds like race, political affiliation, religion etc - Violates equal protection (14th amendment) These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Vindictive Prosecution - When new or more serious charges are brought just because a defendant exercises his constitutional rights - Usually happens after a defendant wins on appeal - The prosecution gets mad when the court turns the case over o That means they made a mistake in the case o The prosecution beefs everything up  Ex. If someone was charged with aggravated assault, they’ll then make the charge attempted murder using the same facts Pre-Trial Release - Bail o Excessive bail should not be required o Court does not care if the bail is excessive for you but they judge the bail on the charge o So a shoplifting charge can not get a $30,000 bail o When bail is paid you get out on bond o It much easier for the person  They can meet with their lawyers a lot easier  Get some money for the trial Get witnesses before the trial - Reasons to deny bond o When it’s a death penalty case- they can easily run o When you’re charged with burglary o When you have a lot on your record o When the defendant is likely to run when on bond (flight risk)  The defense will try and make it obvious that you wont run because everything you have is in one place o When the defendant is likely to intimidate other witnesses o If the suspect will likely commit crimes when they’re out on bond  Sure set a bond, but they might commit another crime  It isn’t for sure but they cant hold someone on something that isn’t solid  Types of bonds - PR Bond o Sign and leave o No money to owe - Cash or property bond o Court will tell you to put up a piece of property that is up to whatever amount it is o You can sell some property and bring the money to court - Deposit bond o Aka 10% o If you go in front of the judge and they tell you you have $1000 and 10% (or whatever percent depending on the judge)- Bonding company o It will put up money and get you out o They will charge you a fee o You won’t get your money back (unlike