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The Federal Process

The Criminal Trial

Upon arrest for a federal offense, a prisoner will be arraigned before a U. S. magistrate at the earliest possible time. The magistrate informs the suspect of the information against him or her, sets or denies bond, informs the suspect of rights and ascertains if the suspect has an attorney.

The defendant may request a preliminary hearing, which is a show cause hearing before the magistrate.

The trial procedure begins with another arraignment before the judge. Decisions before the judge at that time may include the questions of setting or reducing the bond. Pleas may be taken. Then a date is set for the trial.

The trial will be before the judge unless the defendant requests a jury. The jury determines the guilt or innocence and the judge determines the punishment. Sentencing is usually delayed to allow for a probation report, which is the basis for determining the severity of the punishment.

Federal courts are more formal than state courts. Decorum is exacting and enforced. Reporters covering federal courts for the first time should remember that to avoid embarrassing themselves.

Jury Selection

The names of prospective federal court jurors are taken from voter registration lists within the division in which the court is convened. Selection is based on proportional representation of the counties within the division.

Prospective jurors must complete and return qualification forms to the federal district clerk’s office. When the time comes for a jury panel to be summoned, the district judge determines how many are called and the prospective jurors are sent summonses that tell them when and where to report. Fees and mileage are paid.