Criminal Justice in America
Chapter 10: Pretrial

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

Key Step: First Appearance Before a Judge

Case Notes: The Question of Bail

Bail: Getting Out of Jail After an Arrest Summary of bail procedures. (Nolo Press)

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.

Plea Bargaining

Should We Really "Ban" Plea Bargaining?: The Core Concerns of Plea Bargaining Critics Law review article covering the history of plea bargaining, criticisms of it, attempts to curb it, and recommended reforms to it.

The Crime Known as Plea Bargaining Argument against plea bargaining.

The Courtroom Context of Plea Bargaining A sociological examination of plea bargaining.

Santobello v. New York (1971) Supreme Court case with statement by chief justice that plea bargaining is essential to criminal justice system.

North Carolina v. Alford (1970) 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.

The Preliminary Hearing Brief explanation of preliminary hearings in California.

Wikipedia: Preliminary Hearing

 

Case Notes: Carter's Probable Cause Hearing

Key Step: Arraignment

Brief explanation of arraignments in Texas

Rule 10: Arraignment From the Federal Rules of Criminal Procedure.

Case Notes: An Issue at the Arraignment

Gag Orders An explanation for journalists. (Massachusetts Bar Association)

Gag Orders Overview of law on the type of gag order that restricts the press.

Silence Is Not Golden Law review article arguing that lawyers should not be silenced during a trial.

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