Criminal Cases YOU BROKE THE LAW! Now What?

Criminal Cases A crime is an act that breaks a federal, state, or city law A crime is an act that breaks a federal, state, or city law Misdemeanor- minor violation, usually sentenced to one year or less Misdemeanor- minor violation, usually sentenced to one year or less Felony- a serious crime, usually one year or more Felony- a serious crime, usually one year or more

What happens in a Criminal Case? The Steps involved in Due Process The Steps involved in Due Process 1. Suspect is arrested. The person is informed of their rights according to Miranda v. Arizona 2. Suspect is booked or charged with a crime. Their fingerprints and picture are taken. They are also allowed a phone call to contact an attorney. If it is a felony case, Gideon v. Wainwright guarantees a person a court appointed attorney or Public Defender.

Steps Continued 3. A preliminary hearing is held. The suspect appears before the judge. The prosecution must show probable cause or a good reason for believing the accused did the crime. The options of the judge are below Sends back to jail Sends back to jail Bail is set Bail is set Released on own recognizance (signature) also known as unsecured bond Released on own recognizance (signature) also known as unsecured bond 4. An indictment is given or the suspect is formally charged by either a grand jury (group of citizens) or a judge is some cases. With small offenses a preliminary hearing serves also as an indictment.

Steps Continued 5. The Arraignment is held. The suspect enters a plea to the formal charges. Guilty- judge decides punishment Guilty- judge decides punishment Not Guilty- court date is set Not Guilty- court date is set 6. Plea bargaining may occur if the suspect pleads Not Guilty. This is an agreement in which the accused person agrees to plead guilty, but to a lesser crime. A plea bargain ensures that the suspect will have punishment.

Steps Continued 7. The Trial is conducted. The prosecution and the defense present their cases. The prosecution is always the government (the U.S. or the state). Testimony from witnesses are given. And the opposite side cross examines the witnesses. This is the known as the ADVERSARIAL PROCESS. 8. The verdict is given at the trial Acquittal- vote of not guilty Acquittal- vote of not guilty Guilty Guilty Hung jury- retry case or drop charges since the jury could not come up with a decision Hung jury- retry case or drop charges since the jury could not come up with a decision

Sentencing Incarceration- prison time, this is meant to serve as punishment as well as to protect the community from the offender Incarceration- prison time, this is meant to serve as punishment as well as to protect the community from the offender Probation- instead of serving in prison, the person is allowed to return to the community for a period in which they will have to abide to certain conditions set forth by the Court under the supervision of a probation officer. General conditions may include maintaining employment, abiding to a curfew, living where directed, and abstaining from unlawful behavior Probation- instead of serving in prison, the person is allowed to return to the community for a period in which they will have to abide to certain conditions set forth by the Court under the supervision of a probation officer. General conditions may include maintaining employment, abiding to a curfew, living where directed, and abstaining from unlawful behavior probation officercurfew probation officercurfew Detention- similar to prison but with less restriction and the focus is on education and teaching life skills. This is meant to protect to community while the offender is rehabilitated Detention- similar to prison but with less restriction and the focus is on education and teaching life skills. This is meant to protect to community while the offender is rehabilitated

Sentencing Continued House arrest- person usually has an ankle bracelet and cannot leave house House arrest- person usually has an ankle bracelet and cannot leave house Community service- assigned tasks without pay to serve the community Community service- assigned tasks without pay to serve the community Boot camp- much like the military, teaches discipline, little family contact for a specified amount of time, privileges are earned Boot camp- much like the military, teaches discipline, little family contact for a specified amount of time, privileges are earned Monetary compensation- person needs to pay a certain amount of money to victim Monetary compensation- person needs to pay a certain amount of money to victim Mental institution- person is held for psychiatric evaluation or for assistance with mental health Mental institution- person is held for psychiatric evaluation or for assistance with mental health Parole- usually assigned after being incarcerated to allow a person an early release with good behavior while still being closely supervised Parole- usually assigned after being incarcerated to allow a person an early release with good behavior while still being closely supervised