What are the pre trial stages?

Asked by: Mr. Adriel Rau Sr.  |  Last update: December 6, 2022
Score: 4.4/5 (43 votes)

Pretrial Stages of Criminal Prosecution
  • First appearance.
  • Determination of probable cause.
  • Arraignment.
  • Bond hearing.
  • Pretrial conferences.
  • Motion hearings.
  • Discovery and investigation.
  • Depositions.

What are the four stages of pretrial activities?

Pretrial activities include the first appearance, which involves appointment of counsel for indigent defendants and consideration of pretrial release; the preliminary hearing to determine whether there is probable cause to hold the defendant; the filing of an information by the prosecutor or return of an indictment by ...

What are the 5 stages of a trial?

They five stages are as follows: the first appearance, the arraignment, motions, pre-trial conference and trial.

What are the steps in a trial process?

Trial Process
  1. Step 1: Selection of the Jury.
  2. Step 2: The Trial.
  3. Step 3: Juror Conduct During the Trial.
  4. Step 4: Jury Deliberations.
  5. Step 5: After the Verdict.

What are the 7 steps of the trial process?

7 Stages To A Criminal Trial
  • Voir Dire. Voir Dire is a fancy French word used to name jury selection. ...
  • Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ...
  • State's Case in Chief. ...
  • The Defense Case. ...
  • State's Rebuttal. ...
  • Closing Arguments. ...
  • Verdict.

Pretrial Procedures and Actions

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What are the 7 steps of the criminal justice system?

  • Investigation.
  • Charging.
  • Initial Hearing/Arraignment.
  • Discovery.
  • Plea Bargaining.
  • Preliminary Hearing.
  • Pre-Trial Motions.
  • Trial.

What are 10 criminal trial parts?

The 10 Stages Of A Criminal Trial In California
  • Stage #1: Filing Motions With The Court.
  • Stage #2: Jury Selection.
  • Stage #3: Opening Statement.
  • Stage #4:Prosecution Presents Its Case.
  • Stage #5: Defense's Case.
  • Stage #6: Prosecution Rebuttal (If Necessary)
  • Stage #7: Closing Arguments.
  • Stage #8: Jury Deliberation.

What are the 14 steps of a trial?

Terms in this set (14)
  • step 1: pre-trial proceedings. ...
  • step 2: jury is selected. ...
  • step 3: opening statement by plaintiff or prosecution. ...
  • step 4: opening statement by defense. ...
  • step 5: direct examination by plaintiff/ prosecution. ...
  • step 6: cross examination by defense. ...
  • step 7: motions to dismiss or ask for a directed verdict.

What are the 12 steps of a trial?

The process is generally as follows:
  • Filing a Complaint and Answer (Pleadings)
  • Pre-trial motions.
  • Jury Selection.
  • Opening Statement(s)
  • Presentations of Evidence.
  • Rebuttal & Surrebuttal.
  • Jury Instructions.
  • Jury Deliberation.

What are the 8 steps in a trial?

The 8 Steps of Criminal Proceedings
  • Step 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. ...
  • Step 2: Charges. ...
  • Step 3: Arraignment. ...
  • Step 4: Pretrial Proceedings. ...
  • Step 5: Trial. ...
  • Step 6: Verdict. ...
  • Step 7: Sentencing. ...
  • Step 8: Appeal.

What happens in a pre-trial review?

In complex litigation, the court may hold what is known as a pre-trial review (PTR). It is a hearing and is usually fixed to take place up to ten weeks before the date listed for trial. The purpose of a PTR is to: Check that the parties have complied with all previous court orders and directions.

What are the 13 steps of the criminal justice process?

Terms in this set (13)
  • investigation. ...
  • Arrest. ...
  • Booking. ...
  • Charging. ...
  • Initial appearance. ...
  • preliminary hearing/ grand jury. ...
  • Indictment/ information. ...
  • Arraignment.

What is usually the order of a trial?

Pretrial Stage - discovery process, finding of facts. Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.

What are the three phases of criminal investigation?

Identifying, gathering, and preserving evidence.

What is the difference between the pretrial process and the trial process in a criminal case?

While the trial itself is a critical process, the actual outcome is often decided long before you set foot in front of a jury. The pretrial hearing happens before the trial, and it lays the foundation for everything that will come later.

What happens the first day of trial?

Trial begins when the judge invites the jury into the courtroom. In a jury trial, the judge and jury have separate and distinct functions. The judge makes decisions about the law, like whether the prosecutor met the burden of proof, and whether certain evidence admissible. She also oversees the conduct of the trial.

Who has the last word in a trial?

MODERN TRIAL ADVOCACY: ANALYSIS AND PRACrICE 468 (2d ed. 1997) ("The plaintiff or prosecutor, as the burdened party, is generally afforded the opportunity to present the last argument. ").

What is the final stage of a trial?

Stage Ten - Deliberations and Verdict

The final stage in a federal criminal trial will be jury deliberations and verdict.

What are the 10 steps in the criminal justice process?

10 Major Steps in The Federal Criminal Process
  • Investigation. ...
  • Charging. ...
  • Initial Appearance / Arraignment. ...
  • Preliminary Hearing. ...
  • Discovery. ...
  • Plea Bargaining. ...
  • Pre-Trial Motions. ...
  • Trial.

Why does the prosecution go first?

The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.

What are the stages of criminal justice system?

Chandler, Fletcher, and Volkow (2009) identified the criminal justice stages of entry, prosecution, adjudication, sentencing, corrections, and reentry. These stages trace offenders' movement through the criminal justice components from arrest, through court, to incarceration or community-supervision.

What stages of criminal justice system court is placed?

The major steps in processing a criminal case are as follows:
  • Investigation of a crime by the police. ...
  • Arrest of a suspect by the police. ...
  • Prosecution of a criminal defendant by a district attorney. ...
  • Indictment by a grand jury or the filing of an information by a prosecutor. ...
  • Arraignment by a judge.

What is the first stage in the criminal case process called?

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

Do judges see evidence before trial?

The judge wil often look to other evidence and witnesses to decide which party is telling the truth. If you have a case that involves domestic violence, having evidence to present that corroborates your version of the events can be especially important.

What determines whether evidence will be admitted in court?

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.