Criminal Court Cases Chapter 16, Section 2

I. General Terminology 1. Prosecution – the attorney(s) for the government when someone is put on trial for a crime. 2. Penal code – defines specific crimes and punishments for each crime. 3. Misdemeanors – minor crimes (including victimless crimes). They carry fines or sentences less than one year. 4. Felonies – more serious crimes (against people). Punishable by more than a year in prison.

II. Functions of Criminal Penalties: Retribution – the criminal owes society for their actions. Confinement – protects society from dangerous people (because they are behind bars). Deterrence – deters others from committing crimes. Rehabilitation – prepares lawbreakers to reenter society with skills needed to avoid criminal activity.

III. Sentencing Mandatory sentencing – judge must impose whatever penalty is outlined in the state’s penal code. Indeterminate sentencing – maximum and minimum penalties are outlined in the state’s penal code. The judge has flexibility within those guidelines. Parole – early release from prison. Probation – non-incarceration supervision by an officer.

Crime Occurs: Police begin investigation: collect evidence, interview witnesses (subpoena)

IV. Steps in a Criminal Case: Arrest: occurs in one of 3 ways: a.) witnessed by law enforcement b.) reported by a citizen c.) warrant issued by a judge Informed of rights Booked – informally charged a.) fingerprinted b.) photographed c.) phone call to attorney

IV. Steps in a Criminal Case: Preliminary hearing: a.) probable cause is established b.) sets bail Grand jury – determines if there is evidence to hear the case a.) indicts (formally charges) the suspect Arraignment – enter a plea of guilty or not guilty Interview witnesses and conduct research Select jurors

Plea Bargaining May Occur -between DA and defense attorney Allows defendant to plead guilty to a lesser crime in exchange for a lighter sentence Helps keep so many cases out of court Helps the prosecution get convictions on wanted criminals

IV. Steps in a Criminal Case: Trial: Opening statements – prosecution, then defense Witness testimonies Cross examination – by defense Closing statements Trial or Petit Jury deliberates – examines evidence & reaches a verdict.

IV. Steps in a Criminal Case: 14. Verdict: a.) acquittal – prosecution failed to prove its case (not guilty) b.) guilty – beyond a reasonable doubt c.) hung jury – no unanimous verdict (mistrial) 15. Sentencing: Mandatory -parole Indeterminate -probation Determinate -fines, restitution Incarceration -treatment facility

Final Step 16. Appeals to a higher court; decision of lower court is upheld, overturned, or the case is remanded

Recidivism: a person’s relapse into criminal behavior Bureau of Justice Statistics studies have found high rates of recidivism among released prisoners. One study tracked 404,638 prisoners in 30 states after their release from prison in 2005.[1] The researchers found that: 1. Within three years of release, about two-thirds (67.8 percent) of released prisoners were rearrested. 2. Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested. 3. Of those prisoners who were rearrested, more than half (56.7 percent) were arrested by the end of the first year. 4. Property offenders were the most likely to be rearrested, with 82.1 percent of released property offenders arrested for a new crime compared with 76.9 percent of drug offenders, 73.6 percent of public order offenders and 71.3 percent of violent offenders.