CRIMINAL PROCEDURE

Speedy Trial 6th amendment requires a “speedy trial.” All 50 states have their own laws. Federal No more than 30 days btw. Arrest and indictment. No more than ten days btw. Indictment and arraignment No more than sixty days between arraignment and trial.

Statutes of Limitations Laws that limit the amount of time prosecutors have to bring criminal charges against a suspect after a crime has occurred. Many serious crimes do not have a statute of limitations.

Initial Appearance Informed of all charges Rights are read Lawyer appointed if need be Bail is set

Grand Jury Preliminary Hearing Jury of peers or judge decide if there is sufficient evidence to carry on with the case. Is there probable cause?

Indictment or Information Formal charge issued by the Grand Jury Or formal charge brought forth by the prosecution

arraignment Brought before the judge and asked to enter a plea Not guilty or guilty or No contest.

Plea Bargain The process of the defense and prosecution working out a mutually satisfying conclusion. Usually involves pleading guilty to a lesser charge in return for a lighter sentence.

Why Plea? Cost- Criminal Trials are extremely expensive for both sides. Morality- Sometimes a trial can be tough on the witnesses, victims, etc. Practicality- Evidence is sparse or overwhelming. Politics- Social outrage and the notoriety of the case do play a role.

Jury Trial A trial before a judge and a jury. Sizes vary from state to state. Most states require jury verdicts in criminal cases must be unanimous for acquittal or conviction.

Venire (Jury Pool) The group from which the jury is actually selected. The population from which the jurors will be selected.

Jury Selection (Rejection) Jury of “peers” Defendant is judged by members of his or her community. Master Jury List (Jury Pool) U.S. Citizens Over 18 Free of felony convictions Healthy (enough) Intelligent (enough) Able to read/write and comprehend English

Challenges for Cause Attorney states a reason why a juror should not be included in the jury. Mentally incompetent, does not understand English, has a prior link to the case, outwardly bias. Also has a limited number of preemptory challenges- these exclude individuals from serving without any supporting cause or reason.

Voir Dire The preliminary questions that prospective jurors or expert witnesses are asked to determine whether they are biased, have any connection with the defendant, or are competent experts.

Opening Statement This is each party's opportunity to set the basic scene for the jurors, introduce them to the core facts & dispute(s) in the case. provide a general road map of how the trial is expected to unfold. Facts and Emotion.

Opening Statements A Few Good Men: Prosecution A Few Good Men: Defense Philadelphia: Prosecution Devil’s Advocate: Defense A Bee Movie: Prosecution and Defense

Evidence State starts by presenting evidence against the defendant. Evidence- anything used to prove the existence or nonresistance of a fact. Testimony- statements by competent witnesses. Real evidence- physical items, video, audio, DNA, fingerprints etc.

Direct v. Circumstantial Direct evidence: evidence that has been witnessed by the individual that is testifying “I saw Mr. Welsher steal the car.” Photographs, video, audio recordings etc. Circumstantial evidence: establishes the likelihood “reasonable to assume” of a fact. “The car was found parked a block from Mr. Welsher’s house.” “A security camera caught Mr. Welsher in the parking garage where the car was stolen from at the time the car was stolen.” “A Pittsford Mendon Varsity Baseball roster was found in the car, a team that Mr. Welsher is the announcer of.”

Testimony Lay witness- someone called to testify on factual matters. Expert witness- a witness with professional training or experience that qualifies him/her to testify on a subject. (Medicine, Technology, Ballistics, Automotive, Cellular Phones)

Direct examination (Direct) The questioning of witnesses by the attorney who calls the witness to the stand to testify. When you question your own witness.

Cross-Examination (Cross) The questioning of an opposing witness at the trial. Goal is to create doubt in the jurors minds that the witness is reliable. Redirect can occur if the prosecution feels the need to reestablish the credibility of the witness. Prosecution rests.

Motion for A Directed Verdict Says that the defense thinks that the prosecution has not proved its case and that the case should be dismissed Mostly procedural & seldom granted

Defendant’s Case Direct Examination of Witnesses Cross Examination by opposing counsel Redirect if necessary Defense rests.

Rebuttal & Surrebuttal Rebuttal: Prosecution is permitted to introduce new evidence to disprove evidence presented by the defense. Surrebuttal: Defense is then allowed to cross-examine new witnesses and introduce more evidence of his or her own.

Closing Arguments Attorney’s summarize their arguments and argue once more their case. In most cases the Defense goes first and then the prosecution.

Objections formal protest raised in court about some procedure, testimony, or evidence. Sustained: to uphold as valid. The judge is in agreement. Overruled: to reject an attorney's objection.

Debrief

Jury Instructions Judge sums up the case, instructs the jury on rules of law. Role of the Judge: explains legal principles like reasonable doubt. Explains the facts that the prosecution must have proved to obtain a conviction. Finally the judge discusses the possible verdicts.

Reasonable Doubt Burden of proof in criminal cases. must be proven to the extent that there could be no "reasonable doubt" in the mind of a "reasonable person" that the defendant is guilty

Jury Deliberation The Jury decides the case. Usually involves votes for different verdicts. Discussion and then more voting. Sequestration: isolation from the public in extreme cases where the deliberation could be lengthy.

Verdict The formal decision by the jury.

Hung Jury A jury so divided in their opinions that they cannot reach a verdict. Judge will declare a mistrial. Case will be tried again with a new jury. Allen Charge- an instruction by the judge to the minority of dissenters to reconsider the majority opinion.

Appeals Appeal- seeking a higher courts review of a lower courts decision. To earn an appeal the defendant must show that the court acted improperly on some question of law. About 20% of criminal convictions are appealed.

Double Jeopardy The prosecution can not appeal. Fifth Amendment protects against multiple trials for the same offense. The defendant can be sued in civil court.