The Anatomy of a Criminal Case Government – Libertyville HS

Initial Proceedings Crime committed Police investigation Search warrant request Made to judge Police ask permission to search place or person 4 th Amendment requires probable cause to search (or arrest) someone PC = facts that would lead a reasonable person to believe that search is justified

Federal Grand Jury All felonies under federal law require an indictment from a grand jury to make arrest 23 citizens on GJ Only prosecution presents evidence PC based on evidence = issue indictment Majority vote to indict Good prosecutor can…

Arrest Three bases for an arrest Police officer personally observes crime Police officer has probable cause for arrest Arrest warrant executed for arrest THIS is probable cause for an arrest…

Arraignment First courtroom appearance of defendant (accused) Defendant’s rights are explained Told criminal charges against him / her Asked if he/ she needs an attorney, if facing jail time Asked to enter plea (G-plea agreement; NG = trial) Bail set

US District Court Trial Types of trials Bench: judge considers issues of fact and law Jury trial Judge considers issues of law Jury considers issues of fact Defendant chooses what kind of trial to have

US District Court Trial Evidence presented Witness testimony Expert testimony Written evidence Prosecution case Prosecution presents case against defendant Prosecution must prove “beyond a reasonable doubt” that defendant is guilty (99% sure)

US District Court Trial Defendant’s case Defendant does not have to prove anything Defendant (accused) doesn’t even have to testify! Generally D case is to poke holes in prosecution case What is at stake in criminal case? LIBERTY! That’s why the proof is so high

US District Court Trial Jury deliberations All twelve jurors talk about case Must be unanimous decision Standard of proof Criminal = Beyond a Reasonable Doubt (99%) Civil = preponderance of the evidence (51%)

US District Court Trial If a person is found guilty, then he / she has a right to an appeal

US Circuit Court of Appeals NO TRIAL ON APPEAL Hearing on legal issues only Three justice panel Process Each side writes legal brief explaining what legal mistakes were made (or not made) at trial Each side makes oral argument before justices

US Circuit Court of Appeals Appellate decision Majority opinion Two or three justices agree on decision AND legal reasoning for decision Concurring opinion At least one justice agrees on decision but disagrees on legal reasoning for decision Dissenting opinion One justice disagrees with majority on decision, and gives reasoning for dissent

US Circuit Court of Appeals Possible outcomes on appeal Uphold conviction = person stays in prison Conviction overturned = person is set free New trial ordered = person stays in prison but a new trial takes place because of some legal mistake made at original trial

US Circuit Court of Appeals If a person’s conviction is upheld, then person writes a “Writ of Certioari” asking US Supreme Court for a further appeal; if four justices agree to hear case (“Rule of Four”) they “grant cert” and appeal goes forward

US Supreme Court NO TRIAL AT USSC Process 9 justices Hear cases from October to June Hear two cases per day, three days per week, for two weeks each month Rest of time spent researching, writing decision

Statistics As of December 31, million adults under correctional supervision (probation, parole, jail, prison) 2,266,800 adult prisoners held in federal or state prisons & jails An additional 4.9 million adults on probation or parole 70,792 juveniles in detention

Statistics Per 100,000 US Residents (2010) 4,347 black male inmates (260 black female inmates) 1,755 Hispanic male inmates (133 Hispanic female inmates) 678 white male inmates (91 white female inmates) Cost About $74 billion spent on corrections Avg - $30,600 / inmate