CJ 100 Lecture Notes - Lecture 48: Exclusionary Rule, Forced Confession, Nolo Contendere
The Pretrial Process
While many citizens think the real action in the criminal courts happens during trials, they are
wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather
than trials. Most of those guilty pleas are the result of agreements between prosecutors and
defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a
defendant (for example, reducing charges or recommending a lighter sentence) in exchange for
the defendant's pleading guilty. Even cases that go to trial are sometimes decided before the trial
begins. Some experts think that the O.J. Simpson case, for example, was won outside the
courtroom through early forensic work by experts and through a legal strategy that forced the
prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding.
The right to a lawyer
In the landmark case Gideon v. Wainwright (1963), the U.S. Supreme Court held that
the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a
fair trial. Gideon was entitled to a retrial because Florida failed to provide him with an
attorney. After this decision, states were required to furnish public defenders for indigent
defendants in felony cases. In Argersinger v. Hamlin (1972), the Court extended the
right to a lawyer to all cases that might result in imprisonment.
A person accused of a crime, the Court has said, “requires the guiding hand of counsel
at every step.” “Without it,” as New York Times columnist Anthony Lewis says, “she may
be overborne by what she does not understand.”
The prosecutor's decision to charge
Following the arrest of a suspect by the police, a prosecutor decides whether or not to
press charges. The prosecutor is the government's lawyer. If the prosecutor decides to
proceed, he or she files a charging document with a lower court. A charging document
accuses the arrestee of committing a crime. The most common charging documents
used are the information and the indictment. Although the information and indictment
differ in some respects, each of these contains a statement of the charge.
Reviewing the charge
Although the charge is filed in a lower court, the judge in such a court doesn't have the
authority to hold a trial. Before transferring the case to a trial court, a judge in the lower
court reviews the complaint and determines whether there are legal grounds to support
the arrest under which the defendant is being held in custody. If the judge finds that the
facts alleged establish probable cause, the judge sets a date for the defendant's first
appearance in court.
The first court appearance
For the first appearance, the defendant is taken from jail and brought before the lower
court judge. The judge informs the defendant of the charge in the complaint, explains to
the defendant that he or she has certain rights, offers to appoint counsel at the expense
of the government if the defendant is indigent (too poor to afford a lawyer), and sets
bail.
Bail
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Document Summary
While many citizens think the real action in the criminal courts happens during trials, they are wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather than trials. Most of those guilty pleas are the result of agreements between prosecutors and defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a defendant (for example, reducing charges or recommending a lighter sentence) in exchange for the defendant"s pleading guilty. Even cases that go to trial are sometimes decided before the trial begins. Simpson case, for example, was won outside the courtroom through early forensic work by experts and through a legal strategy that forced the prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding. In the landmark case gideon v. wainwright (1963), the u. s. supreme court held that the sixth amendment guarantees access to qualified counsel, which is fundamental to a fair trial.
