Chapter 15 Section 3 Criminal Law

Types of Crimes Criminal law State criminal case v. federal criminal case Criminal justice system

Types of Crimes Types of crimes –Petty offenses –Misdemeanors –Felonies

Steps in Criminal Cases Steps in criminal case 1. investigation and arrest –Arrest warrant 2. initial appearance –Brought before a judge to be formally charged with a crime –Misdemeanor 1. plead guilty and judge decides penalty 2. plead not guilty –A date is set for a trial –Felony- judge sets a date for a preliminary hearing and sets bail

Steps in Criminal Cases 3. preliminary hearing and grand jury Indictment Grand jury hearing-conducted in secret and may consider types of evidence not allowed in trials. Defendants are not entitled to have an attorney represent them Preliminary hearing-prosecution presents its case to a judge. Defendant’s lawyer may also present certain kinds of evidence on behalf of the defendant If the judge believes there is probable cause to believe the defendant committed the crime, the case moves to the next stage.

Steps in Criminal Cases In misdemeanor cases and in many felony cases, courts use an information rather than a grand jury indictment –Information-sworn statement by the prosecution asserting that there is sufficient evidence to go to trial 4. In about 90% of all criminal cases, the process comes to an end with a guilty plea because of plea bargaining

Steps in Criminal Cases 5. Arraignment: judge reads the formal charge against the defendant in an open courtroom. The defendant enters one of four pleas responding to the charges –1. not guilty –2. not guilty by reason of insanity –3. guilty, or in some states –4. no contest

Steps in Criminal Cases 6. trial –Bench trial or jury trial 7. the decision –Verdict-unanimous –Hung jury-mistrial 8. Sentencing