2.  Gather evidence  Arrest warrant  Booking – finger prints, picture, possible lineup

3.  Habeas corpus – prisoner must be brought before the court and an explanation must be given for why they should not be released  Formally charged before a judge – 24 hours  Judge sets a preliminary hearing date  Bail

4.  Habeas corpus cannot be suspended unless “when cases of rebellion or invasion the public safety may require it”. (Article I, Sec 9)  Prohibits bills of attainder  Punishment without a court trial  Prohibits ex post facto laws  Law applied to an act committed before the passage of the law

5.  Purpose – review prosecution’s case to determine if there is enough evidence to proceed (5 th Amendment)  Grand jury – group of 16 – 23 citizens  Preliminary hearing – judge  Indictment – formal charge

6.  90% of cases  Plead guilty to lesser crime to avoid trial and earn a lighter sentence

7.  Formal charge read in open court  Defendant pleads either:  Not guilty  Guilty  No contest – agree to waive trial and accept punishment of a guilty plea

8.  6 th Amendment - speedy, public, impartial jury  Speedy Trial Act 1974 – 100 days from arrest  Jury drawn from state/district where crime was committed, from a fair cross section of community  Can waive jury trial rights  5 th Amendment  No double jeopardy  Don’t have to testify against yourself

9.  “Beyond a reasonable doubt”  Unanimous decision  Hung jury – no verdict can be reached, as if trial never happened

10.  Judge typically determines punishment  Law sets minimum and maximum sentencing  Prison time, fines, community service

11.  Two Stage Approach – deemed constitutional in Gregg v. Georgia (1976)  First trial determines guilt or innocence  Second proceeding determines whether death penalty is warranted  Restrictions:  Mentally challenged, under age 18, delusional  Jury who convicted must decide