Street Law: A Course in Practical Law

Chapter 13: Criminal Justice Process: Proceedings Before Trial

Cases and Resources

Booking and Initial Appearance
Bail and Pretrial Release
Preliminary Hearing
Grand Jury
Felony Arraignment and Pleas
Pretrial Motions: The Exclusionary Rule
Plea Bargaining

Booking and Initial Appearance
New York City Booking and Initial Appearance Process
Learn about what happens to a person after arrest in New York City. This legal aid organization breaks the process down step-by-step to help people understand what the accused must go through immediately after arrest.

Federal Rules of Criminal Procedure
Explore the Federal Rules of Criminal Procedure to understand what happens at an initial appearance and how a hearing is conducted differently for a misdemeanor and a felony. These rules apply only in federal court—state courts have different sets of rules for criminal procedures, and they vary from state to state.

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Bail and Pretrial Release
The Bail Reform Act
As mentioned in your text, this act allows a court to deny bail to specific suspects. Take a closer look at this act and learn which offenses can prevent a suspect from being freed on bail.

Definition of Bail and Bond
Read an explanation of bail and bond from www.Nolo.com . Bail is meant to ensure that the accused will return to trial to reclaim the money paid for release. What other factors will a court consider in determining whether to release a suspect?

U.S. Department of Justice Pretrial Statistics
Review the statistics of suspects who are released prior to their trials. Are there any statistics that surprise you?

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Preliminary Hearing
Preliminary Hearing Defined
Review a definition of the preliminary hearing and what happens during this procedure. What must the prosecution prove to a judge at this hearing in order for the case to move forward?

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Grand Jury
Grand Jury in Police Assault Case
This news article discusses the grand jury process in the case against San Francisco police officers for assault. What questions will the grand jury answer?

American Bar Association
Browse frequently asked questions and answers on the basics of the grand jury system. This article describes the grand jury in the United States, explains why grand juries are secret and only convene on certain occasions, and identifies how they vary across jurisdictions.

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Felony Arraignment and Pleas
VH1: Courtney Love Drug Arraignment
Read this news article about rockstar Courtney Love and her arraignment hearing for drug use. What is her lawyer hoping the outcome will be? What will the prosecution do at the hearing?

Felony Arraignment: Los Angeles, CA
Review the process of criminal charges in Los Angeles. Misdemeanors are not prosecuted the same way as felonies. Scroll down to felonies to learn about the arraignment hearings performed for these charges.

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Pretrial Motions: The Exclusionary Rule
The Exclusionary Rule
The exclusionary rule is meant to protect citizens from unreasonable searches and seizures. Read this thorough explanation of the exclusionary rule to understand when and how the rule works.

Mapp v. Ohio
Learn about the landmark case that made the exclusionary rule applicable in state and federal courts. Read the text of the decision and consider how this case changed criminal prosecutions and investigations.

United States v. Leon
The U.S. Supreme Court adopted a "good faith" exception to the exclusionary rule. Read about this exception in a summary of this case, link to the full text of the decision, or listen to the oral arguments made before the Supreme Court.

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Plea Bargaining
FindLaw: Plea Bargains
Learn the basics of plea bargains and your rights when entering into a plea bargain. Who might choose to enter a plea bargain instead of proceeding with a trial? Do innocent people ever enter into a plea bargain?

Plea Bargain in FBI Case
A spy was able to enter into a plea bargain with the FBI concerning espionage committed against the United States . Read what the FBI hoped to gain from this bargain and the problems and advantages that come along with such a bargain.

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