“We think they did it… now what?”

In general…  crime is committed  suspect identified  information / evidence collected  enough to establish probable cause  arrest warrant issued reasonable/prudent person viewing info would conclude crime was committed and suspect did it

So now we come get you…  suspect is booked  basic info, photo, fingerprint  informed of rights  what are your Miranda rights?  brought before a judge within 72 hours  enters plea  guilty  not guilty  not guilty by insanity  nolo contendre (no contest) arraignment only criminal cases – does not deny facts, but does not admit any crime – accepts punishment

How do you plea? GUILTYNOT GUILTY NOT GUILTY BY INSANITY  preliminary hearing  no jury  prosecution presents  defense can too  judge passes sentence  preliminary hearing  no jury  judge decides if there is enough evidence to stand trial  if so, sets trial date  determines bail  could be released O.R.  very specific procedures  defendant has to prove convincing evidence that at the time of the offense they were unable to appreciate the nature of the crime  plea removes intent Remember… innocent till proven guilty – burden of proof is on prosecution!

What makes that jury so grand?  used instead of a preliminary hearing  often in the case of a felony  made up of citizens  they will determine if there is enough to go to trial  only prosecutor presents  no cross-examination allowed  decides by majority vote  formally charged? Indicted – trial date will be set more serious crimes

Types of crimes (violations): FELONY MISDEMEANOR INFRACTION  serious crimes  stiffer penalties and/or heavy fines  tried in district close to where crime was committed  prelim can determine if case needs to be moved  arson, rape, burglary, homicide, assault  punishable by no more than one year in jail  heard by closest district court  community service may be part of sentence  drunk driving, vandalism, shoplifting, trespassing, prostitution  minor offense or petty crime  penalty often just a fine  jaywalking, traffic violations, littering

So what do they have on you? There are actual rules as to what can be classified as evidence…  must be relevant  must prove something (probative)  must address the issue of the crime (material)  person who presents must be competent and believable (Hearsay not admissible in criminal court – only civil. It is not considered reliable since it is not taken under oath, nor subject to cross-examination)

How do they prove it? Remember the Frye standard…  result of Frye v. United States, 1923  commonly called the “general acceptance” test  scientific evidence is admissible at trial only if the scientific principle has sufficiently gained acceptance in the scientific community  after presentation by the expert witness, the jury decides if the evidence has any significance  applies only to “new” or “novel” methodologies Another factor is the Daubert ruling…  result of Daubert v. Merrell Dow Pharm, 1993  court stated that the Frye standard was not the only rule for admitting scientific evidence  applies only to federal courts – trial judge assumes responsibility  endorses the classical scientific method