Court Case Proceedings

Capital Case: Pre-Trial Requirements: brutal murders that shock the community Arrest Arraignment: Defendant hears charges & enters a plea Preliminary Hearing: Is there enough evidence to show a Grand Jury? Grand Jury decides if there is enough evidence for an Indictment (formal accusation of a crime) Prosecutor files charges & announces intention to seek death penalty

Capital Case: Guilt Phase Trial Jury Selection Opening Statements Prosecution‘s Case Defendant’s Case (may offer evidence to weaken Prosecution’s case) Closing Statements Jury Instruction: Direction or guidelines that the Judge gives the jury concerning law that is applicable to the case Deliberation Verdict

Capital Case: Penalty Phase Trial Aggravating Circumstances: prior record, number of victims, type of murder Mitigating Circumstances: mental impairments, deprived background, “heat of passion” Victim Impact Statements: Informs the Jury of the financial, physical, and psychological impact of the crime Jury Sentence Recommendation: Can be death penalty or lesser jail sentence. In some states, a judge may override a jury’s recommendation

From Trial to Supreme Court Constitution does not require defendant be provided a lawyer Options: Motion for a New Trial (ineffective counsel, insufficient or new evidence, jury misconduct) Proportionality Review Appeal to State Criminal Court or Federal District Court Petition to the US Supreme Court for Writ of Certiorari

Supreme Court Hearings October through April (2 wk rotations) RECESSES Evaluate 130 + petitions Read prior proceedings/briefs of each side’s arguments SITTINGS 30 minute arguments Up to 24 cases! 14-16 weeks to announce a decision May through July Only announcing orders & opinions August through October Analyze new petitions, consider applications, make preparations for new cases

Factors influencing Hearings Judicial Restraint v Judicial Activism Public Opinion The Constitution insulated SC justices from direct political pressures Justices are appointed to serve life terms *subject only to good behavior The public has limited access to Court proceedings BUT The appointment & confirmation processes keep the SC with the public Congress and the state legislatures can amend the Constitution Congress has the power to change the number of justices on the Court Justices can be impeached 50% of House AND 2/3 of Senate

http://litigationinsights.com/case-strategies/judges-versus-jurors- decide-differently/ https://fee.org/articles/trial-by-jury-vs-trial-by-judge/