CRM JST 271 1st Edition Lecture 24Chapter 10: Pretrial Proceedings- What are the two possible actions the begin the criminal court process? Arrest or complaint (citizen)- Charging decisions: Prosecutors decide, unlimited discretiono 4 office policies Legal Sufficiency (level of proof needed; leads to high rate of dismissals) Trial Sufficiency (level of proof needed; few charged and high rates of convictions) System Efficiency (Goal: deal with cases fast so divert or plea) Defendant Rehabilitation (Goal: treat defendant’s underlying needs, much more pre-trial diversion)- Initial Appearance:o What happens: charges & rights informed; bail decisiono Felony vs. Misdemeanor: who enters a plea now & who is unable to enter a plea- Bail decisions:o Purpose of bail: guarantee they will come to courto 5 types of bail (what they are)o Does everyone have the right to bail, or might certain types of people/crimes mean that people are denied bail? Why?o Bail Schedules: what factors matter when determining bail (ROR vs. cash or property) Severity of offense Prior Record Ties/Flight Risk Desire to protect communityo If don’t abide by bail conditions (e.g. test dirty, contact witness, don’t come to court) what can happen? Higher bail set, additional sanctions/conditions of bail, additional charges- 3 main routes of formally charging defendants (what they are & when used)o Criminal complaint – misdemeanorso Information – felonies (followed by preliminary hearing)o Indictment – felonies (from grand jury hearing)- Differences between preliminary hearing and grand jury hearingo Where is grand jury required? (federal or state) - what about WI?o What both do: determine probable cause that defendant probably committed a felonyo Differences: open vs. closed; adversarial vs. nonadversarial; judge determines vs. a jury of peers; defendant present vs. not present (know which hearing…)o What does a true bill mean? No bill?- Arraignment: FELONIESo Informed of chargeso Plea entered: types of pleas & what they mean Not guilty Guilty – allocates to the crime Nolo contendere – no allocution Alford plea – guilty but maintains innocence- Purpose of pretrial hearings: set boundaries of caseo Motion to Dismiss: Why? (no probable cause, or plea negotiations)o Discovery Motions: What happens/purpose? Brady Rule & Impeachment Evidence (US v. Bagley, 1985) What must a prosecutor disclose? What is likely for a defense attorney to disclose?o Motion to Suppress Evidence: based on exclusionary rule – goal to not admit evidence into trial. Exclusionary Rule (what it is) Mapp v. Ohio (1961)- Relates to: 4th Amendment & illegal searches- Illegal/coerced confessions (No Miranda Warning, physical coercion, etc.)- Any legal searches (with probable cause or when a warrant is not required = admissible in trial) Exceptions to the Rule:- Standing, Good Faith, Inevitable Discovery (what they are) Fruit of Poisonous Tree – definition- Guilty Pleas:o 4 forms of plea bargaining: (what they are/definitions & differences between each form) Charge Reduction Count Reduction Sentence Recommendations Ad Hoc Bargainingo Examples of arguments for and against plea bargaining E.g. necessary, coerciono Boykin v. Alabama (1969) – pleas must be made knowingly and voluntarilyChapter 11: Criminal Trials- Know the general steps/flow of a jury trial: 1. Opening Statements, 2. Prosecutor’s Case-in-Chief, 3. Defense’s Case-in-Chief, 4. Rebuttal by Prosecutor, 5. Closing Statements, 6. Jury Instructions- Know the general steps for a Case-in-Chief: Direct Exam (by that side), Cross-Exam, Re-Direct (by first side)- Opening Statements:o What it includes (e.g. preview of evidence, convincing statement, overview of what to expect, emotional appeal) o What it does NOT include (no actual evidence presented)o Purpose: preview of case by each side, set the tone and attempt to frame the rest of the trial through a particular “lens”- Presentation of Evidence:o What’s Purpose of Cross-Exam?o What’s purpose of Rebuttal? o Types of Evidence: Direct vs. Circumstantial (definition) Real/Physical, testimonial, vs. Demonstrative (definition or purpose) Who can give an opinion: lay or expert (or both?)o Rules of Evidence Relevant – definition, no “fishing expeditions” Competent – chain of custody (that it was followed & is the object) & personal knowledge/articulate Reliable & Trustworthy – for experts- Daubert Test (what does it do? Key parts of what’s acceptable/valid)- Expert: personal knowledge & qualified Privileged communications – definition & examples of types (e.g. spousal) Impeachment & Credibility- Character & prior record, inconstant statements, BROUGT UP DURING CROSS-EXAMo Objections to Evidence/Questions Judge’s Rules- Sustained (question stricken, witness doesn’t have to answer, or statement given is to be disregarded)- Overruled (question still stands, witness must answer, or statement given is still allowed into the record) General reasons why (e.g. leading question, inflammatory remark, relevance, hearsay, speculation/competence)o Closing Arguments: Includes: summary case, statement of how/why to vote, emotional appeal NOT INCLUDE: inflammatory remarks (of defendant, victim, opposing counsel, etc.), introducing evidence or inadmissible evidence Purpose: help jury remember the case-in-chief, last wordo Jury Deliberations: Done in secret Liberation Hypothesis (definition)  Hung Juries (definition & possible outcomes)o Verdict: Guilty: - What happens next? (can anyone appeal or overturn, who?) Not Guilty: - What happens next? (can anyone appeal or overturn, who?)Chapter 13: Sentencing- 5 major philosophies of punishmento Retribution: just desserts, “and eye for an eye”, punishment proportional, looks backwardo Deterrence: 3 components, looks forward, general vs. specific (& purpose)o Rehabilitation: belief in cause of crime & treatment, looks forwardo Incapacitation: looks forward, isolate habitual offenders (purpose)o Restoration: sentencing circles, repair harm to community and victim- What does proportionality of sentence mean? Example?- Death Penaltyo Crime(s) limited to, and what constitutionally not allowed (crime/offender type)o Furman v. Georgia (1972) and Gregg v. Georgia (1976) – what did each ruling state?o Bifurcated trial = what two