Criminal Cases Chapter 16 Section 2

Purpose Make criminal “pay” for the offense Protect society by keeping the criminal in prison As a deterrent - Warn others not to commit the crime or they will face punishment Rehabilitate criminal to return to society

Arrest The defendant is arrested for suspicion of committing a crime police have probable cause

Booking The defendant is taken to a local police station and booked (charged, fingerprinted, photographed (mug shot), and allowed to call a lawyer

$$$$$ Bail $$$$$ Defendant goes before the Magistrate Magistrate reviews the case to make certain there is PROBABLE CAUSE a crime has been committed. If so, BAIL is set BAIL – money to assure the defendant returns to court If not – defendant is free to go

Preliminary Hearing Within 72 hours in NC defendant is taken to court and the prosecution must show the judge there is a probable cause (good reason) for believing the accused person committed the crime The judge either: sends the defendant back to jail (without bail until the trial) sets bail for the accused (they can pay it and then leave, not pay it and stay in jail) or releases the accused on his/her own without bail

Indictment – for felony cases ONLY Using a grand jury to formally charge the defendant with the crime…if the defendant was not caught “red-handed”

Arraignment – felonies only The defendant appears in court as the result of an INDICTMENT, or because they were arrested by police because police had enough PROBABLE CAUSE, and the defendant formally presented with the felony charges The defendant is given a lawyer if he/she can not afford one

PLEA The defendant must enter a plea of either: If the defendant enters not guilty, the case continues If the defendant enters guilty, the case does not continue, THEIRE IS A BENCH TRIAL and the judge determines the sentence If the defendant enters no contest/ALFORD PLEA, he/she does not admit guilt, THERE IS A BENCH TRIAL and the judge determines punishment PLEA

Pre Trial MOTIONS Lawyers check facts, gather evidence, and interview witnesses Evidence obtained ‘illegally’ is thrown out Subpoena- court documents requesting someone (witness) appear at a judicial proceeding (testify)

Jury Selection Lawyers select 12 jurors Residents are randomly called for jury duty and lawyers pick from the pool of potential jurors Either side can dismiss a certain number of jurors for various reasons Voir Dire- “speak the truth” questioning people to see if they can serve as jurors Impanel- to pick the jury

Trial ADVERSARIAL SYSTEM OF JUSTICE Lawyers for each side make opening statements in which they outline the case Prosecution presents its entire case, then the defense presents its case Each side may present evidence and witnesses

Testimony- answers given by witnesses under oath Cross-examine- after a witness testifies for one side, the other side is allowed to ask the witness questions (in hopes to show they are not being truthful)

Question?????????? Does the Defendant have to take the stand in their won trial?? Why or why not???

Trial cont….. Perjury- lie under oath 6. Next each side presents closing arguments in which they sum up the case and why they are correct 7. Trail ends and jury receives instruction of law from Judge Bailiff- sheriff who keeps order in the courtroom Contempt of Court- anything to hinder the trial process, you can be held “in contempt of court”

Deliberation Jury deliberations are secret and have no set time limit Jurors vote on whether the defendant is guilty or not guilty Prosecution must have convinced the jurors the defendant is guilty “beyond a reasonable doubt” (99.9% sure, if not by law they are to vote not guilty)

Deliberation cont Nearly all cases require a unanimous verdict Sequestered- keeping the jury away from the public during a trial or deliberation Hung Jury- jury that can not reach a verdict (judge declares for a retrial) Acquittal- not guilty vote and defendant is released If the jury votes guilty the defendant is sentenced

Sentencing Judge sets a court date for sentencing Each case is unique and judges make different sentences for similar crimes (considers family life, criminal record, etc.) Victims are usually allowed to make statements that are considered

Types of Sentences Suspended Sentence- defendant is given sentence but it does not have to be served at that time. Defendant is also put on probation. If they violate probation, they then do their active sentence. House Arrest- serve sentence at home with restrictions on movement Monetary Sentence/restitution- defendant is required to pay damages

Work Release- defendant is allowed to work but must return to prison at night and on weekends Imprisonment/incarceration/retrinution- defendant is confined to prison to serve sentence Death/capitol offense- defendant is sentenced to die Parole- Not in NC which has Mandatory Sentencing early release from prison with restrictions (such as meeting with parole officer until sentence expires, etc.)

Appeal If defendant is found guilty he/she may appeal to a higher court if rights were violated