Introductory Criminal Justice: Pretrial Procedures (Bail, Hearing, Grand Jury, Motions)

Pretrial Procedures (Bail, Hearing, Grand Jury, Motions)

What This Is

Pretrial procedures are the series of steps taken before a trial to determine the admissibility of evidence, the guilt or innocence of the defendant, and the appropriate sentence if convicted. These procedures aim to ensure a fair trial by protecting the rights of both the accused and the state. Pretrial procedures include bail, hearings, grand jury proceedings, and motions.

Key Definitions / Models / Steps

• Bail: The temporary release of a defendant from custody in exchange for a monetary payment or other conditions.
  • Example: A defendant is released on $10,000 bail after being charged with a misdemeanor.
  • Statutory reference: 18 U.S.C. § 3142 (Federal Bail Reform Act of 1984)
• Preliminary Hearing: A hearing to determine whether there is probable cause to believe the defendant committed the crime.
  • Example: A defendant is brought before a magistrate for a preliminary hearing on charges of burglary.
  • Case: Gerstein v. Pugh (1975) - held that a preliminary hearing is required before a defendant can be detained.
• Grand Jury: A group of citizens who review evidence and decide whether to indict a defendant.
  • Example: A grand jury indicts a defendant on charges of murder after reviewing evidence presented by the prosecutor.
  • Case: United States v. Williams (1992) - held that a grand jury is not required for federal crimes.
• Motions: Requests made by the defense or prosecution to the court to resolve issues before trial.
  • Example: The defense files a motion to suppress evidence obtained through an illegal search.
  • Case: Mapp v. Ohio (1961) - held that evidence obtained through an illegal search is inadmissible.
• Arraignment: The formal reading of the charges against the defendant and the defendant's plea.
  • Example: A defendant is arraigned on charges of theft and enters a plea of not guilty.
  • Statutory reference: Federal Rules of Criminal Procedure 10 (Arraignment)
• Plea Bargaining: The negotiation between the prosecution and defense to reach a plea agreement.
  • Example: The prosecution offers a defendant a reduced sentence in exchange for a guilty plea.
  • Case: Santobello v. New York (1971) - held that a plea bargain is a contract between the parties.
• Discovery: The exchange of information between the prosecution and defense before trial.
  • Example: The prosecution discloses evidence to the defense, including witness statements and physical evidence.
  • Case: Brady v. Maryland (1963) - held that the prosecution must disclose exculpatory evidence.
• Subpoena: A court order requiring a witness to appear at a hearing or trial.
  • Example: A witness is subpoenaed to testify at a trial.
  • Statutory reference: Federal Rules of Civil Procedure 45 (Subpoena)

Practical Application

In a realistic scenario, a police officer arrests a suspect on charges of robbery. The officer must follow the proper procedures, including reading the suspect their Miranda rights and taking them before a magistrate for a preliminary hearing. The prosecutor must then present evidence to a grand jury, which decides whether to indict the suspect. If indicted, the suspect is arraigned and enters a plea. The defense may file motions to suppress evidence or dismiss the charges, and the court must rule on these motions before trial.

Common Misunderstandings

• Misunderstanding: Bail is only for serious crimes.
• Correction: Bail can be set for any crime, regardless of its severity.
• Misunderstanding: A grand jury is only used for federal crimes.
• Correction: Grand juries are used for both federal and state crimes.
• Misunderstanding: A defendant can be held in custody without a preliminary hearing.
• Correction: A preliminary hearing is required before a defendant can be detained.
• Misunderstanding: A plea bargain is not a contract between the parties.
• Correction: A plea bargain is a contract between the parties, as held in Santobello v. New York (1971).
• Misunderstanding: The prosecution does not have to disclose exculpatory evidence.
• Correction: The prosecution must disclose exculpatory evidence, as held in Brady v. Maryland (1963).

Exam Tips

• Know the differences between bail and pretrial release: Bail is a monetary payment, while pretrial release is a non-monetary condition.
• Understand the purpose of a preliminary hearing: To determine whether there is probable cause to believe the defendant committed the crime.
• Be familiar with the Federal Rules of Criminal Procedure: Specifically, Rule 10 (Arraignment) and Rule 16 (Discovery).
• Know the core holding of Mapp v. Ohio (1961): Evidence obtained through an illegal search is inadmissible.
• Understand the concept of plea bargaining: A negotiation between the prosecution and defense to reach a plea agreement.

Quick Recap

• Bail is a temporary release of a defendant from custody in exchange for a monetary payment or other conditions.
• A preliminary hearing is required before a defendant can be detained.
• A grand jury is a group of citizens who review evidence and decide whether to indict a defendant.
• Motions are requests made by the defense or prosecution to the court to resolve issues before trial.
• Arraignment is the formal reading of the charges against the defendant and the defendant's plea.
• Plea bargaining is a negotiation between the prosecution and defense to reach a plea agreement.
• Discovery is the exchange of information between the prosecution and defense before trial.
• A subpoena is a court order requiring a witness to appear at a hearing or trial.
• The Federal Rules of Criminal Procedure govern pretrial procedures.
• Mapp v. Ohio (1961) held that evidence obtained through an illegal search is inadmissible.
• Brady v. Maryland (1963) held that the prosecution must disclose exculpatory evidence.
• Santobello v. New York (1971) held that a plea bargain is a contract between the parties.