12.1: Overview, Objectives, and Key Terms
Overview
In Chapter 12, we examine the criminal court pretrial processes. The pretrial court process is an important part of the process because the decisions made during this phase could have a significant impact on the trial. The pretrial phase is governed by laws covering the initial appearance of the defendant before a judge or magistrate; the securing of defense counsel, the arraignment process (in which the defendant is informed of the charges which have been filed by the state); the process in which the court determines whether to release the defendant pre-trial either with some financial surety (posting bail) or on his or her own recognizance and with court-determined conditions imposed (for example, not having contact with the alleged victim); the selection and use of a grand jury or preliminary hearing processes (in which either a grand jury or a judge determines whether there is sufficient evidence that a felony has been committed); any pretrial motions such as motions to suppress evidence (for examples, asking the court not to let the government use evidence it may have obtained illegally through a search or getting a confession), motions to challenge a subpoena, motions to change venue (to move the trial), motions to join or sever cases (for example if two or more individuals are charged with the offense, should the trials be held together or separately). During the pretrial phase, prosecutors and defendants through their defense attorneys will engage in plea bargaining and will generally resolve the case before a trial is held. The plea agreement process resolves approximately 97% of criminal matters so it is vital to understand the process and procedure.
- Identify the different types of hearing that occur in the pre-trial phase of the criminal justice process.
- Explain the difference between a preliminary hearing (information) and a grand jury (indictment).
- Identify the pros and cons of the plea agreement process.
- Identify what information scientific research is showing on plea agreements and defense counsel.
Key Terms
complaint, indictment, bail determination, preliminary hearing, grand jury, discovery, exculpatory evidence, true bill, plea agreement, Missouri v Frye, Lafler v Cooper, suppression of evidence, motion to change venue, motion to join or sever cases.