* Lecture Notes CJ 110 Weeks 13 & 14 4/22 - 5/3
Video: The New Asylums

* Arraignment * The first step in the criminal proceeding * Defendant appears before the judge to be advised of the charges and enter a plea * Bail * The amount of money or conditions set by the court to ensure that the defendant will appear for further criminal proceedings * Look at many factors: * Uncertainty, risk, overcrowding, ties to the community * Release on Recognizance (ROR) * Cash * Bail Bond * Personal property * Plea Bargaining * Defense and Prosecution form an agreement for some form of leniency (Ex. plead guilty for lesser charge, fewer charges, reduced sentence, etc.) * More than 90% of all cases * Advantages: * Avoid an expensive trial * Case is handled quickly * Less work for attorneys * Witnesses/jury not forced to appear for trial * Disadvantages? * Defendant is entitled to jury by peers and to face his/her accuser * May plead guilty out of fear (when innocent) * Overcharging by prosecutors as incentive * Not potentially getting full range of punishment/sentence for the crime * Pretrial Detention in Jail * Offenders are detained if considered a flight risk in order to assure appearance in court * Detained if considered dangerous * Preventive Detention * Detaining the accused in jail to protect the community from crimes the offender may commit if released * U.S. v. Salerno (1987) * When the government’s interest in protecting the community outweighs individual liberty, pre-trial detention may be justified * The Criminal trial * Chapter 10 * Speedy Trial * Required by