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Pretrial and Trial Procedures - Coggle Diagram
Pretrial and Trial Procedures
8th Amendment
Forbids cruel and unusual punishment and excessive fines or bail.
Bail
The monetary amount or condition for release before trial
Purpose: Ensure the return of the accused to subsequent proceedings
Surety Bail
Defendant pays a percentage of bond to a bonding agent who pays the full bail (agent requires collateral)
Bonding agent is liable for full amount if the defendant fails to appear
Issues with Bail
Works against the poor
Costly
People who can't afford bail receive longer sentences
Dehumanizing
Bail Reform Act of 1984
If accused is not dangerous:
Release on recognizance (promise of return)
Money/wealth is not restrictive
If accused is dangerous:
Preventative Detention
No bail, accused must wait in jail until trial
Charging the Defendant
Grand Jury
Group of people that determine if there is probable cause to prosecute an accused suspect
If probable cause exists, grand jury issues an indictment (allows regular trial to begin)
This right is protected by the 5th Amendment
Plea Bargaining
Nonjudicial settlement of a case in which the defendant pleads guilty (usually to a lesser crime) in exchange for something (usually a reduced sentence)
Pros
Reduced costs
Greater efficiency
Courts can focus on more serious cases
Cons
Dangerous offenders can get lenient sentences
Innocent people could admit guilt (fear of harsher punishment or distrust in the system)
Encourages defendants to waive their right to a trial
The Trial
Pretrial Diversion
Method used to reduce number of cases before the court
Jury Selection Process
Venire
Group called for jury duty
Voir Dire
Questioning of the group of potential jurors by the prosecutor, defense attorney and judge
Challenge for a Cause
Request that a juror be removed or excused
Peremptory Challenge
Dismissing a juror for unexplained reasons
The Trial Process
Opening Statements
Lawyers present evidence and witnesses
Lawyers cross-examine each other's witnesses
Closing Statements
Verdict and sentencing
Losing party can appeal the outcome of the case