Steps in Criminal Cases Criminal Court Proceedings.

Steps in Criminal Steps in Criminal CasesCases

Criminal Court Criminal Court ProceedingsProceedings

Arrest and BookingArrest and Booking

When police gather When police gather enough evidence that a enough evidence that a crime has been crime has been committed, they go to committed, they go to the judge to get an the judge to get an arrest warrant.arrest warrant.

Arrest and BookingArrest and Booking

A valid warrant A valid warrant must have the must have the suspect’s name suspect’s name and the alleged and the alleged crime.crime.

Arrest and BookingArrest and Booking

The arrested person The arrested person is taken to a police is taken to a police station where the station where the charges are recorded charges are recorded or “booked.”or “booked.”

Arrest and BookingArrest and Booking

During this booking During this booking process, the suspect process, the suspect may be fingerprinted, may be fingerprinted, photographed, or photographed, or placed in a lineup to be placed in a lineup to be identified by witnessesidentified by witnesses..

Initial Court AppearanceInitial Court Appearance

Once arrested, an Once arrested, an individual must be individual must be brought before a brought before a judge within 24 hours judge within 24 hours to be formally to be formally charged.charged.

Initial Court AppearanceInitial Court Appearance

Judge explains the Judge explains the charges to the charges to the defendant and defendant and reads the person’s reads the person’s rights.rights.

Initial Court AppearanceInitial Court Appearance

If charged with a If charged with a misdemeanor and misdemeanor and pleads guilty, judge pleads guilty, judge decides penalty. Pleads decides penalty. Pleads not guilty, judge sets not guilty, judge sets date for trial.date for trial.

Initial Court AppearanceInitial Court Appearance

If charged with a If charged with a felony, no plea is felony, no plea is taken and a taken and a hearing date is set.hearing date is set.

Initial Court AppearanceInitial Court Appearance

At this point the judge At this point the judge may release you on may release you on your “own your “own recognizance”, require recognizance”, require bail or hold you in jail bail or hold you in jail so you don’t flee.so you don’t flee.

Plea and Grand Jury IndictmentPlea and Grand Jury Indictment

Grand jury decides if there is enough Grand jury decides if there is enough evidence to formally charge a evidence to formally charge a defendant.defendant.

Grand jury hearings are held in Grand jury hearings are held in secret and may consider evidence secret and may consider evidence not allowed in trials.not allowed in trials.

The defendant may have a lawyer The defendant may have a lawyer present to observe the proceedings present to observe the proceedings but not for representation.but not for representation.

ArraignmentArraignment

After a grand jury After a grand jury indictment (formal indictment (formal charge), the next charge), the next step is the step is the arraignment.arraignment.

ArraignmentArraignmentJudge reads formal Judge reads formal charges against the charges against the defendant in an defendant in an open courtroom.open courtroom.

ArraignmentArraignmentDefendant is represented Defendant is represented by an attorney and the by an attorney and the judge may ask questions judge may ask questions of the defendant to be of the defendant to be sure the charges are sure the charges are understood.understood.

ArraignmentArraignmentA copy of the charges A copy of the charges is given to the is given to the defendant who then defendant who then pleads guilty or not pleads guilty or not guilty.guilty.

ArraignmentArraignmentFour types of pleas:Four types of pleas:1.1. not guilty ( trial date is then set)not guilty ( trial date is then set)

2.2. not guilty by reason of insanitynot guilty by reason of insanity

3.3. guiltyguilty

4.4. “ “nolo contendere”- judge nolo contendere”- judge immediately decides punishmentimmediately decides punishment

Plea BargainPlea BargainAgreement made between the Agreement made between the

prosecution and the defense prosecution and the defense that the defendant will plead that the defendant will plead guilty to a lesser crime in return guilty to a lesser crime in return for the government not for the government not prosecuting the defendant with prosecuting the defendant with the more serious crime the more serious crime originally charged.originally charged.

Plea BargainPlea Bargain

Widely used as a way Widely used as a way to handle the to handle the tremendous volume tremendous volume of criminal cases the of criminal cases the courts must process.courts must process.

Plea BargainPlea Bargain

Saves the state the Saves the state the cost of a trial in cost of a trial in situations where guilt situations where guilt is obvious or is obvious or government has a government has a weak case.weak case.

Plea BargainPlea Bargain

““Copping a plea” allows Copping a plea” allows criminals to get off criminals to get off lightly.lightly.

Encourages people to Encourages people to give up their right to a give up their right to a fair trial.fair trial.

Trial & Petit JuryTrial & Petit JuryDefendants have the Defendants have the right to choose right to choose between a bench between a bench trial or a jury trial.trial or a jury trial.

Trial & Petit JuryTrial & Petit JuryIn a bench trial, judges In a bench trial, judges hear the evidence, hear the evidence, decide guilt or innocence, decide guilt or innocence, and determine and determine punishment. Judges tend punishment. Judges tend to find defendants guilty.to find defendants guilty.

Trial & Petit JuryTrial & Petit JuryIn a jury trial a group In a jury trial a group of citizens hears of citizens hears evidence to decide evidence to decide guilt or innocence.guilt or innocence.

Trial & Petit JuryTrial & Petit JuryIn a jury, jurors are In a jury, jurors are chosen from a chosen from a selected group of selected group of citizens in the citizens in the court’s jurisdiction.court’s jurisdiction.

Trial & Petit JuryTrial & Petit JuryProsecuting and Prosecuting and defense attorneys defense attorneys try to select jurors try to select jurors they believe will not they believe will not go against their side.go against their side.

Trial & Petit JuryTrial & Petit JuryProsecution present its Prosecution present its case against the case against the defendant first by defendant first by calling witnesses and calling witnesses and presenting evidence.presenting evidence.

Trial & Petit JuryTrial & Petit JuryThe defense will cross-The defense will cross-examine prosecution examine prosecution witnesses and will witnesses and will then present their then present their own witnesses and own witnesses and evidence.evidence.

Trial & Petit JuryTrial & Petit JuryAfter all witnesses and After all witnesses and evidence has been evidence has been presented, each side presented, each side makes their closing makes their closing arguments and waits for arguments and waits for the jury’s the jury’s verdict/decision.verdict/decision.

SentencingSentencingDefendant released immediately Defendant released immediately

after a “not guilty” verdict.after a “not guilty” verdict.

If verdict is “guilty”, judge If verdict is “guilty”, judge decides the punishment. The decides the punishment. The judge may hear victim judge may hear victim statements or hold hearings to statements or hold hearings to consider other circumstances consider other circumstances that might affect the sentence.that might affect the sentence.