Chapter 2 study guide.docx - Chapter 2 Steps to Criminal Trial 1 First appearance 2 Preliminary hearing – to determine whether there is sufficient

Chapter 2 study guide.docx - Chapter 2 Steps to Criminal...

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Chapter 2 Steps to Criminal Trial: 1. First appearance 2. Preliminary hearing – to determine whether there is sufficient evidence to bind the defendant over for trial OR whether there is evidence to send the case to a grand jury a. Defendant has right to be represented by a lawyer b. Most states: probable cause standard Some states: prima facie (judge determines whether prosecution’s evidence, if believed, is sufficient to convict defendant at trial) 3. Arraignment – defendant informed of charges and asked to enter plea a. 4 possible pleas: guilty , not guilty , nolo contendere (no contest; requires permission of court; carries guilty plea consequences EXCEPT it can not be admitted into evidence), not guilty by reason of insanity 4. Pretrial motions – including double jeopardy, speedy trial, venue, discovery, motion to suppress, etc. 5. Trial a. Opening statements b. Presentation of evidence: prosecution, then defense: presents their case-in-chief , witnesses, etc. c. Reasonable doubt: must establish “near certitude” of guilt d. Closing argument e. Jury instructions: judge instructs jury on the law, jury must apply law to facts in determining whether defendant is guilty f. Jury deliberations: jury possesses power of nullification ability to disregard
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