chapter 7 - Chapter 7 Between Arrest and Trial Steps...

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Chapter 7: Between Arrest and Trial Steps Between Arrest and Trial The Initial Appearance o Fourth Amendment: arrestee must be brought before a judge within 48 hours of arrest o Primary purpose: judge reviews the evidence summarized by the prosecutor to determine whether probably cause exists for believing the subject committed the crimes charged o Judge informs defendant of charges against him, his constitutional rights, review the issue of bail, and appoint counsel for those who can’t afford it The Preliminary Hearing o Primary purpose: filter out cases where the prosecution’s proof is insufficient o Prosecution must offer some evidence on every element of the crime charged o Hearsay is admissible – summarize what another witness said o Defense may glimpse prosecution’s case o If there is probable cause, judge binds defendant over to the grand jury The Grand Jury o Meets privately with prosecutor to investigate criminal activity and return indictments o Listens to prosecutor’s witnesses o Votes whether to indict (complaint signed by prosecutor describing charge) o Issues indictment if sufficient evidence exists to justify the defendant being tried Arraignment o After grand jury gives indictments to judge, he brings those indicted to court for an arraignment o Judge makes sure defendant ha an attorney and appoints one if necessary o Defendant asked to plead guilty or not guilty o Defendant usually pleads not guilty for discovery and plea bargaining o Judge sets a date for the trial Discovery and Pretrial Motions o Discovery: each side can ask questions of other side’s witnesses and documents Most states require the prosecution to only share exculpatory evidence Exculpatory shows defendant to be not guilty Many prosecutors open their file to encourage a guilty plea Defense is usually required to notify prosecution of relying on defenses such as insanity and alibi o Pretrial Motions
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Defense motion for separate trials Two or more jointly indicted defendants can move for separate trials Defense motion to sever counts Separate trials for separate counts Defense motion for change of venue Community opinion makes it impossible to seat a fair- minded jury Defense motion to dismiss on speedy trial grounds If prosecutor was attempting to obtain an unfair advantage, it is cause for dismissal Defense motion to dismiss on grounds of selective prosecution
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chapter 7 - Chapter 7 Between Arrest and Trial Steps...

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