Criminal Justice System in the United States and Nevada Heather Procter Deputy Attorney General October 19, 2009 1

Court System in Nevada 30 Municipal Courts 60 Justice Courts By city/community 60 Justice Courts By county/city 9 District Courts By county – population 3 district courts encompass 3 counties 2 district courts encompass 2 counties 4 district courts encompass only 1 county

Nevada Judicial Districts (JD) 1st JD – Carson & Storey Counties 2nd JD – Washoe County 3rd JD – Churchill & Lyon Counties 4th JD – Elko County 5th JD – Nye, Mineral & Esmeralda Counties 6th JD – Humboldt, Pershing & Lander Counties 7th JD – Eureka, Lincoln & White Pine Counties 8th JD – Clark County 9th JD – Douglas County

Degree of Crimes Misdemeanor Gross Misdemeanor Felony Punishable by less than one year in county jail Gross Misdemeanor Punishable by one year in county jail and up to $1,000 fine Felony Punishable by more than one year in state prison and more than $1,000 fine

Felony Categories in Nevada Category A – sentence of death; sentence in state prison of life with or without the possibility of parole Category B – sentence of 1-20 years in state prison Category C – sentence of 1-5 years in state prison, up to $10,000 fine Category D – sentence of 1-4 years in state prison, up to $5,000 fine Category E – sentence of 1-4 years in state prison, up to $5,000 fine; or mandatory probation for certain statutory felonies

Pre-Filing Stage Investigation by Police Department and/or Investigator Presentation of investigation to District Attorney (county)/Attorney General (state) Determination of crimes to charge Warrant sworn Defendants/accused arrested

Justice Court Complaint filed Disclosure of discovery Negotiations between prosecution and defense attorney If negotiations successful, preliminary hearing waived Matter bound over to district court If negotiations not successful, preliminary hearing occurs

Justice Court (cont.) Preliminary hearing scheduled Prosecutor presents evidence to show “slight or marginal evidence” to demonstrate defendant committed charged crimes Witnesses Documentary evidence Defense attorney may cross-examine or present defense Defendant bound over to district court

District Court Information filed charging defendant with crimes for which he was bound over from justice court Defendant enters plea to charges Guilty Not Guilty Nolo Contendere Not Guilty By Reason of Insanity Not Guilty But Mentally Ill

Guilty Plea/Nolo Contendre Guilty Plea Agreement filed Outlines U.S. constitutional rights waived Right against self-incrimination Right to a jury trial Right to confront his accusers Outlines nature and elements of the charges against him Explains possible punishments for each crime

Guilty Plea/Nolo Contendre (cont.) Defendant sentenced to charges within punishment permitted by law Minimum and maximum permitted by law Enhancement where plead Habitual criminal where plead and proven Judgment of Conviction filed

Not Guilty Parties prepare for trial Pre-trial Motions Motions in Limine (settles issues before trial) Notice of Witnesses Notice of Expert Witnesses Preparation of Witnesses Preparation of Expert Witnesses

Trial Jury selection Opening statements Prosecution Case-in-Chief Voir dire Challenge for cause Peremptory challenges Opening statements Prosecution Case-in-Chief Direct examination (prosecution) Cross-examination (defense) Re-direct examination (prosecution) Re-cross-examination (defense) Prosecution Rests

Trial (cont.) Defense Case-in-Chief Defense Rests Rebuttal Direct examination (defense) Cross-examination (prosecution) Re-direct examination (defense) Re-cross-examination (prosecution) Defense Rests Rebuttal Closing Statements Jury instructions Verdict

Sentencing Defendant sentenced to charges within punishment permitted by law Minimum and maximum permitted by law Enhancement where plead Habitual criminal where plead and proven Judgment of Conviction filed

Appeal Defendant may appeal his Judgment of Conviction to the state’s intermediate/highest state court to challenge their conviction Defendant may also file a state habeas petition to challenge the effective assistance of counsel or the voluntariness of their guilty plea See Synopsis – Nevada Criminal Justice System