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Trial procedures
- 1. Trial Procedures From arrest to appeal
- 3. ARREST A person is deprived of their freedom.
- 4. ARREST Rights of an arrested person are found in the 5 th , 6 th , and 8 th amendments of the U.S. Constitution
- 5. 5 th amendment The police and the prosecutor are trying to convict you. You are not required to help them.
- 7. 8 th amendment No excessive bail No excessive fines No cruel or unusual punishment
- 8. ARREST Rights of an arrested person: Cannot be forced to be a witness against themselves .
- 9. ARREST Rights of an arrested person: Cannot be deprived of life, liberty, or property without due process of law.
- 18. BOOKING AND BAIL
- 59. Charge/Warrant Request After booking and bail it set, police fill out a charge/warrant request and send it to the District Attorney’s office to start the prosecution.
- 61. ARRAIGNMENT A court proceeding. (First time in front of a judge in a courtroom)
- 62. ARRAIGNMENT If in custody , must happen within 2 court days of your arrest
- 63. ARRAIGNMENT If you are bailed out of jail , may be weeks after your arrest.
- 70. PLEAS Guilty Not Guilty No Contest
- 90. SUBPOENA
- 91. DEPOSITION
- 92. DEPOSITION The sworn testimony of a witness…
- 94. DEPOSITION Witness Court Reporter
- 95. DEPOSITION Court Reporter Witness Witness’ Attorney
- 96. DEPOSITION Court Reporter Witness Witness’ Attorney Opposing Attorney (Questioner)
- 97. DEPOSITION—Tupac (3min clip) http://www.youtube.com/watch?v=9DBAcZpY90k
- 106. DEPOSITION—Cindy Anthony (3min clip) http://www.youtube.com/watch?v=uG-bUi5QFl4
- 107. INTERROGATORIES
- 109. PRELIMINARY HEARING or GRAND JURY
- 110. PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
- 120. An INFORMATION
- 121. An INFORMATION
- 122. PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
- 123. Grand Jury
- 124. Grand Jury Each county in California has one grand jury (consisting of 11 to 23 people).
- 125. Grand Jury Sacramento County’s Grand Jury has 19 people (and 11 alternates)
- 126. Grand Jury The same 19 people (and 11 alternates) work on all Grand Jury cases for a one-year term.
- 128. Grand Jury The members of the Grand Jury volunteer to work for one year (no pay).
- 130. Grand Jury Citizens apply for a position online in January and, if selected, take a seat on the Grand Jury from July 1 to June 30. www.SacGrandJury.org
- 131. Let’s watch 3 short news stories that involve Sacramento County’s Grand Jury …
- 135. Here’s a 13-minute introduction to Sacramento County’s Grand Jury…
- 140. Grand Jury If the Grand Jury finds that there is enough evidence to have a trial, they create a charging document called an Indictment .
- 142. An INDICTMENT
- 146. PRELIMINARY HEARING or GRAND JURY Is there enough evidence to take this case to trial?
- 147. Plea Bargaining
- 148. Plea Bargaining Anytime before the verdict is read by the judge, “plea bargaining” may take place.
- 149. Plea Bargaining Plea bargaining means the arrested person is willing to plead guilty to a lesser charge. Anytime before the verdict is read by the judge, “plea bargaining” may take place.
- 150. The arrested person and their attorney will “bargain” with the prosecutor: “If you’ll drop the charges, I’ll plead guilty to a lesser crime. Is it a deal?” Plea Bargaining
- 152. Plea Bargaining For example, a person charged with first-degree murder may be sentenced to death if convicted by a jury. The person may be willing to plead guilty to second-degree murder to avoid the jury and the possibility of the death penalty.
- 153. Plea Bargaining For example, an arrested person may be willing to plead guilty to trespassing instead of going to trial for burglary .
- 154. Plea Bargaining It’s completely up to the prosecutor’s office and the judge to accept a plea bargain.
- 155. Plea Bargaining It’s completely up to the prosecutor’s office to accept a plea bargain. If they think the evidence is strong, they don’t have to accept a guilty plea to a lesser charge.
- 156. JURY TRIALS
- 157. 2 Types of Juries
- 158. 2 Types of Juries Petit Jury
- 159. 2 Types of Juries Petit Jury Grand Jury
- 160. Petit Jury
- 161. Petit Jury The ordinary trial jury of twelve people—the kind you see on TV shows and the movies.
- 162. Petit Jury Duty: Find out the facts.
- 163. Petit Jury A new jury is formed for each court case.
- 164. Petit Jury Federal criminal juries consist of 12 people, who must all agree on a verdict (a unanimous verdict).
- 165. Petit Jury Federal civil juries may consist of six people.
- 166. Petit Jury California state civil juries consist of 12 people, but only 9 of them have to agree.
- 167. 7 Steps in a Jury Trial
- 170. 7 Steps in a Jury Trial 2. Opening statements
- 171. 7 Steps in a Jury Trial 3. Introduction of evidence
- 172. 7 Steps in a Jury Trial 4. Closing arguments
- 173. 7 Steps in a Jury Trial 5. Jury instructions
- 174. 7 Steps in a Jury Trial 6. Jury verdict
- 175. 7 Steps in a Jury Trial 7. Court sentencing