Outline of the U.S. and Arizona Criminal Justice Systems by Frank F. Collins Assistant Attorney General Criminal Prosecutions State of Arizona

Overview U.S. Criminal Justice System Generally Arizona Criminal Justice System Investigation Charging Court system Arizona Rules of Criminal Procedure Arizona Rules of Evidence Process of a Prosecution Plea Bargaining Trials Post Verdict Events

U.S. Criminal Justice System Generally Federalism Federal vs. state law Separation of powers Common law Contrast with civil law Sources of law E.g., Constitution of the United States Criminal vs. civil law

Arizona Criminal Justice System

Investigation A crime is committed Law enforcement agency investigates it Prosecutorial office does not investigate Though police may consult with a prosecutor Law enforcement: Gathers evidence Conducts interviews Writes reports Submits evidence for analysis Makes arrests as necessary (with probable cause) Law enforcement submits entire case to prosecutorial office (generally county, state or federal)

Charging Prosecutor reviews all available evidence in case Prosecutor determines what charges are supported by facts Legal and ethical standard is probable cause Reasonable likelihood of conviction Applicable law United States Attorney’s Office: Federal law County or Arizona Attorney General’s Office: State law (Arizona Revised Statutes) Title 13: Criminal Code Misdemeanors and/or felonies Grand jury indictment Complaint and preliminary hearing

Court System Federal Court State Courts Superior Court Justice Court By county (e.g., Maricopa County) Justice Court Other courts (e.g., city)

Arizona Rules of Criminal Procedure Applicable to Arizona Courts Divided into sections: General Provisions Preliminary Proceedings Rights of Parties Pretrial Procedures Pleas of Guilty and No Contest Trial Post-Verdict Proceedings Appeal and Other Post-Convictions Relief Powers of Court Forms

Arizona Rules of Evidence Also Applicable to Arizona Courts Based on federal rules of evidence Divided into sections: General Provisions Judicial Notice Relevancy and Its Limits Privileges Witnesses Opinions and Expert Testimony Hearsay Authentication and Identification Contents of Writings, Recordings and Photographs Miscellaneous Rules

Process of a Prosecution Right to defense counsel (appointed or hired) General right to release/bond with exceptions for certain cases Disclosure by state and defense “Make available” Reports, witnesses, defendant’s statements, expert analyses (i.e., the evidence) Exculpatory evidence Speedy trial deadline 150 days for in custody defendants 180 days for out of custody defendants Can be continued Pretrial motions handled Motion to release defendant (if in custody) Motion to remand to grand jury Motions to suppress evidence Voluntariness motions

Plea Bargaining State may offer a plea (and usually does) Vast majority of cases handled with plea Typical offers contain: Some charges dismissed Plea to lesser offense Stipulation to probation (may include jail) Stipulation to term or range of years in prison Stipulation to restitution to victim Essential to the process Not enough time to try all cases Allows for speedy resolution Less financial cost than trial Can motivate defendant to help state in other cases Frees prosecutor time for other cases

Trial

General Sequence of Events in a Trial Trial preparation Motions in limine before trial Trial can be before a jury or single judge Trials can be in absentia Opening statements State presents case: Calls state’s witnesses, defense cross-examines Admits evidence Rests Defense presents case: Calls defense witnesses, state cross-examines Defendant may or may not testify State presents rebuttal evidence, if necessary Closing arguments (state, defense, state) State must prove case “beyond a reasonable doubt” Jury or judge issues verdict Jury must be unanimous to convict (if not, case may be retried)

Post Verdict Events Sentencing generally must be held between 15 and 30 days from determination of guilt Deadline may be extended Depending on case, defendant may get probation, jail or prison Probation may be revoked Appeals Post conviction relief (e.g., newly discovered evidence)