Criminal Justice Pretrial Procedures

Booking in the criminal justice process refers to the formal recording of an arrest.

At the initial appearance, a judge informs the accused of the charges, advises them of their rights, and may set bail.

The Gideon v. Wainwright decision provided that those charged with a felony have the right to an attorney, even if they cannot afford one.

An arraignment is a formal reading of criminal charges in the presence of the defendant, during which the defendant is asked to enter a plea.

A person can obtain money if they do not have enough to cover bail via a bail bondsman, who posts bail for a fee, or through borrowing from friends and family.

Personal recognizance is the release of an accused person without bail, based on their promise to appear in court.

Supporters say that pretrial release allows defendants to maintain employment and family ties.

The purpose of a preliminary hearing is to determine if there is enough evidence to require a trial.

At a preliminary hearing, a prosecutor must establish probable cause that a crime was committed and that the defendant committed it.

16-23 people serve on a grand jury.

The purpose of a grand jury is to determine whether there is probable cause to believe that a crime has been committed and whether an indictment should be issued.

An indictment is a formal accusation by a grand jury that there is enough evidence to bring criminal charges against a defendant.

Nolo contendere is a plea by which a defendant accepts conviction as though a guilty plea had been entered but does not admit guilt.

Approximately 90-95% of criminal cases do not go to trial.

Plea bargaining is the process where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence.

The Sixth Amendment guarantees the right to a jury trial in most criminal cases.

12 jurors serve in a federal court trial.

Voir dire refers to the process of questioning potential jurors to identify biases or prejudices.

Jury nullification occurs when a jury returns a verdict of "not guilty" despite believing that the defendant did commit the crime, because they disagree with the law or its application in the case.

A subpoena is a legal order requiring a person to appear in court to give testimony.

The job of the public defender's office is to provide legal representation to defendants who cannot afford an attorney.

Double jeopardy means a person cannot be tried twice for the same crime if they have already been acquitted.

A defendant can appeal based on errors of law or insufficient evidence.

The final stage in the criminal justice process is corrections, which can include imprisonment, probation, or parole.

Eight sentencing options judges have:

• Suspended sentence
• Probation
• Fines
• Restitution
• Work release
• Imprisonment
• Death penalty
• Home confinement

Four reasons for punishing convicted defendants:

• Retribution
• Deterrence
• Rehabilitation
• Incapacitation

Parole is the conditional release of a prisoner before the end of their sentence.

Jails are typically run by local law enforcement and hold people awaiting trial or serving short sentences, while prisons are run by state or federal governments and hold people serving longer sentences.

The US prison population increased in the 1990s and early 2000s due to stricter drug laws and increased enforcement, longer sentences, and rising crime rates.

Over 600,000 adult offenders leave prison each year.

Approximately 68% of released prisoners are arrested for a new crime within three years.