What are the major legal proceedings between arrest and trial in the criminal justice system?

Ch. 8


1.What are the major legal proceedings between arrest and trial in the criminal justice system?

(1) An initial appearance, at which defendants are informed of the charges, of their constitutional rights, and of future proceedings; (2) a preliminary hearing, in which the judge determines whether there is enough evidence to hold the defendant for processing by the grand jury; (3)action by the grand jury, which decides whether sufficient evidence exists for the defendant to be tried; (4) an arraignment, involving a formal statement of charges and an initial plea by the defendant to these charges; (5) a process of discovery, requiring that the prosecutor reveal to the defense certain evidence; and (6)pretrial motions, which are attempts by both sides to win favorable ground rules for the subsequent trial.

2.What is bail, and what factors influence the amount of bail set?

Bail is the provision, by a defendant, of money or other assets that are forfeited if the defendant fails to appear at trial. In determining whether to release a defendant prior to trial, the judge should consider the risk that the defendant will not show up for his or her trial. Judges also consider the seriousness of the offense and the defendant’s prior record as well as the defendant’s race and gender.

3.Why do defendants and prosecutors agree to plea bargain?

Plea bargaining is an excellent example of the dilemma between truth and conflict resolution as goals of our legal system. The vast majority of criminal cases end between arrest and trial with the defendant pleading guilty to some(often reduced) charges. Plea bargaining benefits both defendants and prosecutors. Defendants who plead guilty often receive reductions in the charges or in their sentences; prosecutors secure a “conviction” without expending their time at trial.

4.What are settlement negotiations, and why are most civil lawsuits resolved through settlement rather than trial?

Settlement negotiations are private discussions held between the attorneys representing disputing parties in a civil lawsuit. The objective of the negotiations is to resolve the dispute in a manner agreeable to both sides. Settlement negotiations are often preferable to trials because (1) a negotiated compromise is more appealing to most litigants than the uncertainty of a jury trial, and (2) judges have large caseloads (or dockets) and therefore prefer that participants in civil disputes resolve their differences themselves without using the considerable resources necesary to a trial.

5.What is the purpose of a trial?

Every trial presents two contrasting views of the truth. Although at first glance, the purpose of a trial seems to be to determine truth, conflict resolution may be an equally valid purpose. This debate is exemplified by three contrasting images of a trial: (1) as a search for the truth, (2) as a test of credibility, and(3) as a conflict-resolving ritual.

6.What are the steps involved in a trial?

Pretrial procedures include discovery, or the process of obtaining information about the case held by the other side. Once the jury is selected (a process called voir dire), the following sequence of step sun folds in the trial itself . Opening statements by attorneys for the two sides (prosecution or plaintiff goes first)b. Direct examination, cross-examination, and redirect and recross of witnesses, with prosecution witnesses first, then defense witnessesc. Presentation of rebuttal witnesses and evidenced. Closing statements, or summations, by the two sides, usually in the order of prosecution, then defense, then prosecution againe. Judge’s instructions to the jury (in some juris-dictions, these come before the closing statements)f. Jury deliberations and announcement of averdictg. If the verdict is guilty, determination of the punishment


anchoring and adjustment bias


change of venue

charge bargaining

closing argument



experiential inflammatory bias

extra legal factors

focal concerns perspective

framing effects

grand jury




initial appearance

legal factors

matching heuristic

motion in limine

opening statements

overconfidence bias


plea bargains

preliminary hearing preponderance of evidence


preventive detention

probative value

rebuttal evidence


redirect questioning


price self-serving bias

sentence bargaining

settlement negotiation

vividness effect

Ch. 9


1.What is alternative dispute resolution (ADR)?What are some types of ADR?

Alternative dispute resolution (ADR) is an umbrella term for alternatives to the court and jury as a means of resolving legal disputes. The most common forms are arbitration, in which a third party decides the controversy after hearing from both sides, and mediation, in which a third party tries to facilitate agreement between the disputants. The summary jury trial is another ADR mechanism.

2.What is the Sequential Intercept Model?

The Sequential Intercept Model is a theoretical identification of the most relevant points of interception from the standard process of arrest, prosecution, conviction, and incarceration of criminal offenders.

3.What are the major stages (or intercepts) for community-based alternatives to standard prosecution?

The intercepts that are relevant to community-based alternatives, diverting offenders from jail or prison into a rehabilitative community disposition, are (1) specialized law enforcement and emergency services responding; (2) post-arrest initial detention/hearing; and(3) jail/prison, courts, forensic evaluations, and commitments.

4.What are the similarities and differences between community court and other kinds of problem-solving courts?

The underlying philosophy of all problem-solving courts reflects the view that identifying and rehabilitating a subset of criminal offenders can be accomplished less expensively, less restrictively, and more safely in the more rehabilitation-oriented problem-solving court than with the traditional criminal process. But most problem-solving courts accept a specific subgroup of offenders, based on their symptoms(e.g., mental health court, drug court) or experience (e.g., veterans’ court), with the assumption that those in such groups have a specific constellation of rehabilitation needs which, if addressed, would make them less likely to reoffend. By contrast, community court is more heterogeneous, and may include a variety of groups of offender in need of rehabilitation for particular reasons that relate strongly to their risk for future offending.



criminalization hypothesis

Crisis Intervention Team





problem-solving court

risk averse

specialized police responding

summary jury trial

therapeutic jurisprudence


Looking for a Similar Assignment? Order now and Get 10% Discount! Use Coupon Code “Newclient”