Criminal Procedure Chapter 16.2 Review

What is a crime? An action that breaks the law Felonies are serious crimes Misdemeanors are less serious crimes Crimes are defined by federal and state statutes as well as local ordinances

Arrest Made Accused taken into custody at the county jail—No longer free to go! Commit crime in presence of police –Probable cause of involvement in commission of crime Criminal Complaint Filed –Arrest warrant issued –Summons issued in certain cases

1 st Appearance Takes place before District Justice or Magistrate within 72 hours of arrest Accused receives written charges Bond is set Preliminary Hearing is scheduled

Preliminary Hearing Held within 3-10 days of arrest; may be postponed Not a guilt or innocence proceeding Determines whether there is sufficient evidence to send to grand jury May result in reduction of charges, dismissal of case, or assessment of fines A motion for bond reduction may be made at this proceeding Accused is presumed innocent and usually does not testify

Indictment Most misdemeanors are handled by judge at preliminary hearing Defendants accused of felonies are indicted by a grand jury Group of citizens listen to prosecutor’s evidence and determine if defendant should be formally charged or indicted.

Formal Arraignment Accused receives final charges in writing Accused enters plea of guilty or not-guilty Accused requests jury or non-jury trial Defense Counsel must enter "Appearance" as Counsel of Record Case is assigned to a judge Establishes time periods for filing of Discovery and Pre-Trial Motions

Trial May request petit jury trial (felonies) or waive that right for a bench trial. In NC these are heard in Superior Court. Most cases never go to trial due to plea bargaining. Discuss pros and cons! Jury is seated through Voir Dire process by both the Prosecutor and Defense Attorney. Do example! Both get a limited number of peremptory challenges and endless cause challenges.

Steps in a Felony Petit Jury Trial 1.Jury seated. 2.Judge delivers instructions to jury. 3.Opening statements: Prosecutor goes 1 st 4.Prosecution witnesses called, then cross- examined by the defense. 5.Defense witnesses called, then cross- examined by the prosecution. 6.Closing statements: Prosecutor goes 1 st 7.Judge delivers charge to jury 8.Jury Deliberates—Unanimously determines guilt beyond a reasonable doubt OR hung jury.

Sentencing Upon conviction, and depending upon the severity of the crime, a Pre-Sentence Investigation is ordered to assist the judge in imposing sentence. Depending upon the crime involved, sentencing may involve many types of punishments. Examples include: confinement in a prison or jail, home detention, probation, payment of fines and restitution. An appeal may be filed. Sometimes, Parole is granted. This is a conditional, early release from prison. Conduct activity.

Jury Recommendation A jury has convicted the following defendants. It is now your job to recommend a sentence for each of them. Your sentence can include a combination of punishments from the first page of the handout. Information goes on page 53.

Conducting the Activity, p. 53 Factors to Consider –The nature of the crime –Aggravating & Mitigating factors –Statutes concerning the crime For each defendant: –Read the pre-sentencing report. –Determine a specific sentence for each. –May be a combination of many types of punishment. Explain your sentence.

Class Discussion Which of the sentence options is the harshest? Most lenient? Why? Should judges have the discretion to use alternative sentences instead of prison terms? Why or why not? Which factors were the most important to your group in sentencing? Explain. Who should do the sentencing: A judge or jury? Explain.

Assignment Read 15.3 and the handout. Complete questions and organizer for p. 54. I will collect the handout tomorrow. Please bring it back! Due tomorrow.