Presentation on theme: "Criminal Court Proceedings. Investigation Police gather evidence in the crime, in order to get an arrest warrant signed by a judge. Police may arrest."— Presentation transcript:
Investigation Police gather evidence in the crime, in order to get an arrest warrant signed by a judge. Police may arrest a suspect w/out a warrant if they catch them committing the crime.
Arrest The person is taken to the police station and booked.
Initial Appearance Alleged criminal must be brought before a judge w/in 24 hours to be charged with a crime. The judge explains the charges and reads the criminal his/her rights. The initial appearance is the proceeding at which an individual first appears before a judicial officer following arrest on a criminal charge. The purpose of the initial appearance is to have a judicial officer inform the defendant of the basis for the arrest, advise the defendant of her rights, and, if necessary, appoint counsel. Defendants are not normally required to enter a plea at their initial appearances. In the arraignment proceeding a defendant is formally advised of charges contained in an indictment or information and asked to enter a plea. Also unlike arraignment,
Arraignment Misdemeanor- the defendant may plead and take a judge penalty or a date is set for a trial Felony- judge set a date for a preliminary hearing. The judge determines bail or released on his/her own recognizance.
Grand Jury or Preliminary Hearing In federal and most states a case goes to the Grand Jury. If there is sufficent evidence they will hand down an indictment. Defendants and their attorneys are not present. In a preliminary hearing the prosecution presents evidence to a judge. If the judge finds enough evidence, the case goes to the next stage. If not, the case is dropped.
A grand jury is time consuming. Today, in misdemeanor cases and in many felony cases, courts use an information rather than a Grand Jury indictment. An information is a sworn statement by the prosecution asserting that there is sufficient evidence to go to trial.
Arraignment & Pleas Arraignment is where a judge reads the formal charges against the defendant in an open courtroom. The defendant enters a plea –Not guilty –Not guilty by reason of insanity –Guilty –No contest (I will not contest the evidence of the prosecutor but I will not admit guilt and this is not recorded as a guilty verdict.) Court date is set
The Trial Defendants accused of a felony have the choice between a jury or judge trial. A petit jury is a group of citizens who hear evidence during a trial in order to decide guilt or innocence.
The Trial Once the jury has been selected the prosecution presents its case. Witnesses are called and evidence is presented. The defense has the right to cross-examine witnesses and make objections.
The defense has its turn to present its side of the case Closing Arguments are given by both sides (Under the 5 th Amendment defendants do not have to testify in their own trials and refusal to testify can not be taken as an admission of guilt)
The Decision After closing arguments the jury is given instructions and told the law they are to follow. They are then sent to deliberate on the defendant’s innosence or guilt. The jury selects a foreperson to lead the discussion & be their spokesperson. To find a person guilty the jury must find evidence that is clear and conveincing- BEYOND A RESONABLE DOUBT.
Decision In criminal cases the verdict must be unanimous (100%). If a jury can not make a decision, it is considered a hung jury and the case ends in a mistrial.
Sentencing NOT GUILTY Released immediately GUILTY The judge usually determines the sentence. Hearings can be held to help judge determine proper sentencing. It is required in death penalty cases.
Grand Jury -A group of citizens who review the prosecution’s allegations in order to determine if there is enough evidence to put the accused on trial. Hung Jury- a jury that is unable to reach a decision Indictment- formal criminal charge Information is a sworn statement by the prosecution asserting that there is sufficient evidence to go to trial. Sentence- the punishment to be imposed on an offender Verdict- decision issued by a jury