Criminal Court Process From Arrest to Trial or Plea

Criminal v. Civil Court Cases Civil- branch of law dealing with disputes between individuals and organizations Compensation usually given to the ‘winner’ Criminal- branch of law dealing with the state against individuals. Individuals convicted risk punishment of jail sentences, death penalty, probation, etc.

Criminal Trials

Rights in a Criminal Trial Impartial Judge Competent at Trial Confront Witnesses Compulsory Process- compel witnesses Impartial Jury – min. 6, usually 12 Counsel at Trial Speedy Trial- w/in 60 days of arraignment Public Trial

Who is involved? Defendant Prosecutor v. Defense Attorney The suspect on trial for an accused offense Prosecutor v. Defense Attorney Prosecutor- an employee of the state that is responsible for presenting the case against the accused Defense- legal counsel for the defendant Privately employed OR appointed by the state

Prosecution v. Defense

Prosecution Role & Function: have the task of deciding which cases to pursue and which charges to file prosecutorial discretion State laws do not limit or guide their decisions. Ultimately their job is to ensure justice is being delivered and crime is kept off the streets. Objectives: Prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty. Innocent until proven guilty

Prosecutors must use the following guidelines for deciding whether a case should be pursued: Federal law enforcement priorities The nature and seriousness of the offense The deterrent effect of prosecution The person’s culpability (blameworthiness) in connection with the offense The person’s history with respect to criminal activity The person willingness to cooperate in the investigation or prosecution of others The probable sentence or other consequences if the person is convicted

Prosecution Common Reasons for Dismissal of a Criminal Case: Insufficient Evidence Witness problems Due process problems (violations of constitutional requirements has occurred) A plea on another case or referral for other prosecution Factors that may influence decision to drop a case: System Factors (cost of trial, court backlog, priority) Case Factors (victim/offender background, strength of evidence, victim attitude and/or cooperation) Public outrage, Media scrutiny, lobbying efforts, pressure on prosecution

Defense Role & Function: ensuring that the prosecution proves its case in court or has substantial evidence of guilt. Advises the Defendant Protects Defendants constitutional rights There for the defendant! Objective: prove innocence of the defendant or arraign a plea bargain for the defendant Want to provide reasonable doubt for the jury.

Realities of a Defense Attorney Public sees them as protectors of the criminals However, their goal is to protect constitutional rights, keep the prosecution honest and prevent innocent people from being convicted. May have to represent someone who you know is guilty. Public defenders are often forced to make a relationship with a client or defendant and try to represent someone they did not willing sign up to represent.

Criminal Court Proceedings

Criminal Trial Proceedings Rules of Criminal Law, Procedure, and Evidence Govern the conduct of the trial. Prosecution and Defense will compete before a judge and jury in hopes that the truth will emerge. Major actors other than defendant and attorneys Judge: ensures all rules are followed Jury: the sole evaluator of the facts in the case

Last Chance- Plea-Bargaining or Trial? All parties work together to come up with a plea agreement. If one is not reached- trial is the next step. Plea-Bargain: an agreement between the defendant and prosecutor where the defendant agrees to plead guilty in return for a lesser punishment than the maximum sentence Positives/Advantages for Defendant? Positives/Advantages for Prosecutor? Are they being soft on crime?

Criminal Trial Process Jury Selection Opening Statements by Prosecution & Defense Prosecution’s presentation  evidence & witnesses Defense’s presentation  evidence & witnesses Closing arguments Judge’s instruction to the Jury Decision by the Jury

Jury Selection Jury ‘pool’ of 200-1,000 citizens randomly drawn each month from a source list (drivers license, voter registration) Pool taken down to a panel of 30 Only 14 jurors are chosen for the jury (2 are alternates) Voir Dire screening process- “to speak the truth” Questioning process of prospective jurors in order to screen out people that might be biased or other wise incapable of delivering a fair verdict

Opening Statements The first chance the jury has to hear from both sides. Prosecution – normally 1st Introduce charges Outline the facts Describe HOW they will prove guilt beyond a reasonable doubt Defense- normally 2nd Reviews the case and tells their version of events and facts Describe HOW the defense intends to show accused is not guilty

Presentation of Evidence The presentation of evidence occurs through the questioning of witnesses Prosecution starts by questioning their own witnesses (direct examination) The defense gets the opportunity to question these same witnesses (cross examination) If no motion or order is given to discredit prosecution’s presentation, the defense will begin theirs Defense will question their own witnesses (direct exam.) Prosecution gets opportunity to question the same witnesses (cross exam.)

Last Steps Closing Statements Jury Instructions Jury Deliberations Each case reviews for the jury their presentations of evidence and reminds them one last time why they either proved guilty or not guilty Jury Instructions Judge will review for the jury the legal definitions involved in the case, the evidence needed to prove guilt, and remind them of the prosecution’s burden of proof Jury Deliberations The jury is sequestered (kept away) from public and those involved in case and attempts to make an unanimous decision Verdict Jury Nullification: refuse to make a judgment Hung jury: can not reach a unanimous decision Guilty: sentencing must be set Not Guilty: defendant is released