MS. TALLMAN PROCEDURE FOR A CRIMINAL TRIAL

PRE-TRIAL CRIMINAL PROCEDURE 1) Criminal investigation 2) Evidence passed to prosecutor 3) Information filed with proper court with jurisdiction 4) Indictment (if needed) by a grand jury

THE ARREST Read write, fingerprinted, photographed, DNA and blood samples taken Arraignment

ARRAIGNMENT ArraignmentNot Guilty Preliminary hearing Plead “Guilty”BailGuilty Procedure for appropriate punishment

BAIL A sum of money or property deposited or pledged to guarantee that the arrested person will appear for a preliminary hearing Bail bond agencies may help post bail for a fee ROR – suspect released on the promise that they’ll show up for trial without putting up bail Reputable citizen with substantial assets

MINOR CITATIONS Minor Citations Appear in court at specified time Pay prescribed amount

PREPARATIONS FOR TRIAL Both the prosecution and defense conduct investigations to support their separate causes The defense seeks: Supporting documents and witnesses as to the facts of the crime, character of defendant, and their innocence What does a person receive if they are commanded to testify or produce documents in court?

PROCEDURE AT TRIAL The jury 12 jurors and several alternates Potential jurors are chosen randomly from various sources, such as: registered voters, drivers, taxpayers Interrogated orally and in writing by both defense and prosecuting attorneys – known as voir dire

THE JURY CONT’D Two ways attorney’s have to rid panel of jurors they do not want: 1) Challenge for good cause – ties through birth, marriage, employment to defendant or prosecution that might be prejudicial 2) Preemptory challenge – may dismiss a limited number without having to give a cause

THE TRIAL 1) Opening statements by both sides 2) The prosecution presents its evidence 3) The defense presents its evidence 4) Closing remarks 5) Judge instructs jury with rules of the law governing the issues of fact that must be decided and elements that must be proved beyond a reasonable doubt 6) Deliberation by jury 7) Verdict by jury

THE TRIAL The side who calls the witness uses direct examination The opposing side uses cross examination The calling side can again use redirect examination The opposing side can then again use recross

THE VERDICT Must be unanimous Not guilty verdict – defendant is set free Guilty – sentencing hearing