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Unit 3-Chapter 11
Chapter 11: Pretrial

First Appearance Before a Judge | The Question of Bail | Prosecutorial Review | Plea Bargaining | Probable Cause Hearing | Evans’ Probable Cause Hearing | Arraignment | An Issue at the Arraignment

Key Step: First Appearance Before a Judge

Case Notes: The Question of Bail

Steps in a Trial: Bail (American Bar Association)
FindLaw: Booking and Bail
Wikipedia: Bail
Bail: Getting Out of Jail After an Arrest Summary of bail procedures. (Nolo Press)
History of Bail (Bail.com)

Case Notes: Prosecutorial Review

Curbing Prosecutorial Excess: A Job for the Courts and Congress A critical look at the problem of prosecutor’s abusing their discretion. (National Association of Criminal Defense Lawyers)
Discretion and Criminal Law: The Good, the Bad, and the Mundane (PDF file) Law review article on prosecutorial discretion. (Rutgers Law School)

Plea Bargaining

Wikipedia: Plea Bargain
Encyclopedia of Everyday Law: Plea Bargaining
Steps in a Trial: Plea Bargaining (American Bar Association)
FindLaw: Plea Bargains
In Defense of Plea Bargaining (PDF file) Argument in favor of plea bargaining. (Cato Institute)
The Case Against Plea Bargaining (PDF file) Argument against plea bargaining. (Cato Institute)
Frontline: The Plea An examination and discussion of the role of guilty pleas and plea bargaining in the criminal justice system. (PBS)
The Courtroom Context of Plea Bargaining A sociological examination of plea bargaining.
Politics and Plea Bargaining A review of a book on plea bargaining in California after Proposition 8.
Plea Bargains Only for the Guilty (PDF file) A proposal for making sure only those guilty plead guilty. (University of Michigan Law School)
Plea Bargain A short article outlining the history of plea bargaining and some problems with the practice. (New York Times Magazine)
Santobello v. New York (1971) U.S. Supreme Court case with statement by chief justice that plea bargaining is essential to criminal justice system.
North Carolina v. Alford (1970) U.S. Supreme Court case refusing to overturn plea bargain when defendant claimed not to have committed the crime.

Key Step: Probable Cause Hearing

Grand Jury Information on both state and federal grand juries.
FindLaw: Preliminary Hearing Brief explanation of preliminary hearings.
Wikipedia: Preliminary Hearing

Case Notes: Evans’ Probable Cause Hearing

Key Step: Arraignment

FindLaw: Arraignment
Arraignment Brief explanation of arraignments in Texas. (Harker Heights, Texas)
Rule 10: Arraignment From the Federal Rules of Criminal Procedure. (Legal Information Institute)

Case Notes: An Issue at the Arraignment

FindLaw: Pretrial Motions
Gag Orders An explanation for journalists. (Massachusetts Bar Association)
Gag Orders Overview of law on the type of gag order that restricts the press. (Reporters Committee for Freedom of the Press)
Gag Orders Another explanation of gag orders. (First Amendment Center)
Cases Addressing “Gag Orders” A listing with links of all the federal and state appellate cases on gag orders.