criminal procedure court systems and practices. copyright © texas education agency, 2011. all...

Criminal ProcedureCriminal ProcedureCourt Systems and PracticesCourt Systems and Practices

Copyright © Texas Education Agency, 2011. All rights reserved.Copyright © Texas Education Agency, 2011. All rights reserved.Images and other multimedia content used with permission.Images and other multimedia content used with permission.

Copyright and Terms of ServiceCopyright and Terms of Service

Copyright © Texas Education Agency, 2011. These materials are copyrighted © and Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following reproduced without the express written permission of TEA, except under the following conditions:conditions:

1) Texas public school districts, charter schools, and Education Service Centers may 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.schools’ educational use without obtaining permission from TEA.

2) Residents of the state of Texas may reproduce and use copies of the Materials and 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission Related Materials for individual personal use only, without obtaining written permission of TEA.of TEA.

3) Any portion reproduced must be reproduced in its entirety and remain unedited, 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way.unaltered and unchanged in any way.

4) No monetary charge can be made for the reproduced materials or any document 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged.and distribution may be charged.

Private entities or persons located in Texas that are not Texas public school districts, Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas or private, educational or non-educational, located outside the state of Texas MUSTMUST obtain written approval from TEA and will be required to enter into a license agreement obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty.that may involve the payment of a licensing fee or a royalty.

Contact Contact TEA Copyrights with any questions you may have.

22


Key TermsKey Terms

Bail-jumping – defaulting on one’s own bail Bail bondsman – one who provides bail as a

surety for a criminal defendant’s release Bail bond – a bond given to a court to

guarantee the defendant will appear in court; obtains the defendant’s release from confinement

33


Key Terms Key Terms (continued)(continued)

Excessive bail – bail that is unreasonably high considering the offense and the risk that the defendant will not appear

Surety – the person primarily liable for the payment of another’s debt or the performance of another’s obligation

44


Police and Prosecutor Police and Prosecutor InteractionsInteractions

Role of the Prosecutor Supervise the legality of the procedures during the

investigation and bring the criminal action to court Impact police work by returning cases for further

investigation and refusing to sign warrants that are lacking probable cause

Check police investigations against due process Give instructions on certain acts or decisions

concerning particular matters

55


Police and Prosecutor Police and Prosecutor Interactions Interactions (continued)(continued)

Joint Roles Police and District Attorney (DA) investigators may

both be responsible for the investigation Prosecutors without police cooperation will have

problems investigating and presenting evidence in court

Police and prosecutors often have conflicting views over the dispositions of cases

Both parties want justice for the victims Both parties present evidence at trial

66



Role of the Police Investigate the crime Protect the victim Provide evidence and testimony in court Depend on prosecutors to advise them on

legal issues and hold them accountable in regards to constitutional rights

77



Role of the Police (continued) Criticize prosecutors when they choose not

to prosecute Lack of shared common goals can lead to

police developing practices that are not compatible with prosecutorial purposes, such as relying on evidence that is inadmissible in court

88


Pre-trial Proceedings: Pre-trial Proceedings: Rules of DiscoveryRules of Discovery

Discovery is the formal process by which the defense and prosecution exchange information relevant to a criminal investigation

99


Pre-trial Proceedings: Pre-trial Proceedings: Rules of Discovery Rules of Discovery (continued)(continued)

Provides pertinent information Aids in adequate preparation for trial Helps criminal justice system reach reliable outcomes Evidence can be appropriately scrutinized and give the

accused a meaningful opportunity to challenge and test evidence

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm

1010


Pre-trial Proceedings: Rules of Evidence

General Purpose Restricts the content and manner of

presentation Ensures that the trial runs smoothly Protects against unfair trials It is the role of the prosecutor and defense to

challenge rule of evidence violations

1111


Pre-trial Proceedings: Rules of Evidence (continued)

Rules Regulating Testimony Purpose is to influence opinion of the judge and jury Testimony must be logically connected to the issue

and deemed admissible Testimony that is logical to the issue is not always

admissible The witness must testify on firsthand information

only (Personal Knowledge Rule)

1212



Rules Regulating Testimony (continued) Testimony of character by defendant or others (The Mercy

Rule) “Bad character” evidence may not be submitted unless “good

character” evidence is presented first Witness credibility can be challenged by attacking honesty and

criminal activity If no good character evidence is entered, then the defendant’s

past convictions cannot be entered Rape victims are shielded from attacks on their sexual history

under the Rape Shield laws

1313



Rules Regulating Testimony (continued) Hearsay rules prevent testimony that is not firsthand

from being admitted Statements not subjected to cross-examination are

not permitted Expert testimony may include opinions and

references to previous witness’ testimony. Expert testimony may be paid

1414



Rules Regulating Testimony (continued) The “Chain of Custody” rule regulates admissibility

and credibility of evidence to ensure evidence is not tampered with or somehow altered prior to the trial

1515



Rules Regarding Scientific Evidence Include scientific or forensic evidence Scientific evidence entered by both sides

DNA Fingerprints Ballistics

Polygraph results are not considered reliable and are inadmissible

1616


Pre-trial Proceedings: Pre-trial Proceedings: Rules of Evidence Rules of Evidence (continued)(continued)

Rules Regarding Scientific Evidence (continued) Other forms of altered consciousness

statements are not accepted

1717



Rules Regarding Scientific Evidence (continued) The judge determines admissibility by

considering Validity of the evidence Credibility of the science behind it How influential the evidence may be

1818



Rules Regarding Confidential Information Privileged relationships prevent the

disclosure of private information. Privileged relationships include Spouse Medical doctors and patients Attorneys and clients Ministers and church members

1919



Rules Regarding Confidential Information (continued) Private information cannot be released

without consent of the holder Confidentiality Exceptions

Client telling his or her attorney he or she will commit a future crime

Holder of privileged information elects to also include a third party in the communication

2020


Pre-trial Proceedings: Pre-trial Proceedings: Bail ProcessBail Process

Order of Process Arrest Booking (jail) Arraignment

2121


Pre-trial Proceedings: Pre-trial Proceedings: Bail Process Bail Process (continued)(continued)

Order of Process (continued) Arraignment (continued)

The judge determines if the subject is eligible for bail and the cost

The judge takes into account Seriousness of the crime Flight risk Criminal history Ties to the community Danger to others

2222



Cash Bail – the accused pays the full amount of bail in cash. The court may accept checks or credit cards

2323



Surety Bond (Bail Bond) The bail bondsman pledges to pay the full value of

the bond if the accused does not appear in court. The bail bondsman charges 10–20% and collects some sort of collateral that usually involves a friend or a relative

If the defendant fails to appear before the court, the bail bondsman is responsible for paying the entire bail amount

A bounty hunter is then contracted to locate the defendant and bring him or her before the court

2424



Release on Citation – the suspect is issued a citation to appear before a court at a later date

Release on Own Personal Recognizance – the suspect is responsible for showing up to court dates and does not pay bail. It is highly unlikely the person will flee and not appear for court

2525



Property Bonds – the defendant provides property as a bond and a lien is placed on the property. If the defendant fails to show for court the property is foreclosed on to recover the bail

2626


ResourcesResources

Texas Code of Criminal Procedure (CCP, Art. 39.14) http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.39.htm

Do an Internet search for the following: Cold case resulted in heated relationship between police chief,

prosecutor Lawfirms evidence in criminal trials How bail works Relationship between the Prosecution Service and the Police

2727

criminal procedure court systems and practices. copyright © texas education agency, 2011. all...

Documents