Presentation on theme: "“We think they did it… now what?”. In general… crime is committed suspect identified information / evidence collected enough to establish probable."— Presentation transcript:
In general… crime is committed suspect identified information / evidence collected enough to establish probable cause arrest warrant issued reasonable/prudent person viewing info would conclude crime was committed and suspect did it
So now we come get you… suspect is booked basic info, photo, fingerprint informed of rights what are your Miranda rights? brought before a judge within 72 hours enters plea guilty not guilty not guilty by insanity nolo contendre (no contest) arraignment only criminal cases – does not deny facts, but does not admit any crime – accepts punishment
How do you plea? GUILTYNOT GUILTY NOT GUILTY BY INSANITY preliminary hearing no jury prosecution presents defense can too judge passes sentence preliminary hearing no jury judge decides if there is enough evidence to stand trial if so, sets trial date determines bail could be released O.R. very specific procedures defendant has to prove convincing evidence that at the time of the offense they were unable to appreciate the nature of the crime plea removes intent Remember… innocent till proven guilty – burden of proof is on prosecution!
What makes that jury so grand? used instead of a preliminary hearing often in the case of a felony made up of 16-23 citizens they will determine if there is enough to go to trial only prosecutor presents no cross-examination allowed decides by majority vote formally charged? Indicted – trial date will be set more serious crimes
Types of crimes (violations): FELONY MISDEMEANOR INFRACTION serious crimes stiffer penalties and/or heavy fines tried in district close to where crime was committed prelim can determine if case needs to be moved arson, rape, burglary, homicide, assault punishable by no more than one year in jail heard by closest district court community service may be part of sentence drunk driving, vandalism, shoplifting, trespassing, prostitution minor offense or petty crime penalty often just a fine jaywalking, traffic violations, littering
So what do they have on you? There are actual rules as to what can be classified as evidence… must be relevant must prove something (probative) must address the issue of the crime (material) person who presents must be competent and believable (Hearsay not admissible in criminal court – only civil. It is not considered reliable since it is not taken under oath, nor subject to cross-examination)
How do they prove it? Remember the Frye standard… result of Frye v. United States, 1923 commonly called the “general acceptance” test scientific evidence is admissible at trial only if the scientific principle has sufficiently gained acceptance in the scientific community after presentation by the expert witness, the jury decides if the evidence has any significance applies only to “new” or “novel” methodologies Another factor is the Daubert ruling… result of Daubert v. Merrell Dow Pharm, 1993 court stated that the Frye standard was not the only rule for admitting scientific evidence applies only to federal courts – trial judge assumes responsibility endorses the classical scientific method