The Anatomy of a Criminal Case Government – Libertyville HS
Initial Proceedings• Crime committed• Police investigation
• Search warrant request• Made to judge• Police ask permission to
search place or person
• 4th Amendment requires probable cause to search (or arrest) someone
• PC = facts that would lead a reasonable person to believe that search is justified
Federal Grand Jury• All felonies under
federal law require an indictment from a grand jury to make arrest• 23 citizens on GJ• Only prosecution presents
evidence• PC based on evidence =
issue indictment• Majority vote to indict• Good prosecutor can…
Arrest
• Three bases for an arrest• Police officer
personally observes crime
• Police officer has probable cause for arrest
• Arrest warrant executed for arrest
THIS is probable cause for an arrest…
Arraignment
• First courtroom appearance of defendant (accused)
• Defendant’s rights are explained• Told criminal charges
against him / her• Asked if he/ she needs an
attorney, if facing jail time• Asked to enter plea (G-plea
agreement; NG = trial)• Bail set
US District Court Trial
• Types of trials• Bench: judge considers
issues of fact and law• Jury trial
• Judge considers issues of law
• Jury considers issues of fact
• Defendant chooses what kind of trial to have
US District Court Trial
• Evidence presented• Witness testimony• Expert testimony• Written evidence
• Prosecution case• Prosecution presents
case against defendant• Prosecution must prove
“beyond a reasonable doubt” that defendant is guilty (99% sure)
US District Court Trial
• Defendant’s case• Defendant does not have to
prove anything• Defendant (accused)
doesn’t even have to testify!• Generally D case is to poke
holes in prosecution case
• What is at stake in criminal case? • LIBERTY!• That’s why the proof is so
high
US District Court Trial
• Jury deliberations• All twelve jurors talk
about case• Must be unanimous
decision
• Standard of proof• Criminal = Beyond a
Reasonable Doubt (99%)
• Civil = preponderance of the evidence (51%)
US Circuit Court of Appeals
• NO TRIAL ON APPEAL• Hearing on legal issues
only• Three justice panel
• Process• Each side writes legal
brief explaining what legal mistakes were made (or not made) at trial
• Each side makes oral argument before justices
US Circuit Court of Appeals• Appellate decision
• Majority opinion• Two or three justices agree
on decision AND legal reasoning for decision
• Concurring opinion• At least one justice agrees
on decision but disagrees on legal reasoning for decision
• Dissenting opinion• One justice disagrees with
majority on decision, and gives reasoning for dissent
US Circuit Court of Appeals
• Possible outcomes on appeal• Uphold conviction =
person stays in prison• Conviction overturned =
person is set free• New trial ordered =
person stays in prison but a new trial takes place because of some legal mistake made at original trial
US Circuit Court of Appeals
If a person’s conviction is upheld, then person writes a “Writ of
Certioari” asking US Supreme Court for a further appeal; if four
justices agree to hear case (“Rule of Four”) they “grant cert” and
appeal goes forward
US Supreme Court
• NO TRIAL AT USSC• Process
• 9 justices• Hear cases from October
to June• Hear two cases per day,
three days per week, for two weeks each month
• Rest of time spent researching, writing decision
Statistics
• As of December 31, 2010• 7.2 million adults under
correctional supervision (probation, parole, jail, prison)
• 2,266,800 adult prisoners held in federal or state prisons & jails
• An additional 4.9 million adults on probation or parole
• 70,792 juveniles in detention