Criminal Law Unit 4 Lesson 5

Warm-up List 3 things you know about criminal trials.

Objective  After class today, you should be able to describe the process of a criminal trial.

The People Involved 1. Prosecutor: The lawyer who works for the government. This lawyer is responsible for bringing charges and evidence against a defendant. 2. Defendant: A person who is charged with a criminal act. Their lawyer is the defense attorney.

Types of Crimes 3. Misdemeanor: A minor crime, usually punishable by a fine or less than one year in jail. 4. Felony: A major/serious crime.

To get an arrest or search warrant there must be 5. Probable Cause: A reason to believe a person was involved in a crime;

If someone is being held in jail without a trial they can request a… 6. Writ of Habeas Corpus: an order that can be requested by an accused person who believes they are being held in jail illegally.

Preparing for the trial 7. Grand Jury: A group that hears charges against a suspect and decides if there is enough evidence to hold a trial. 8. Indictment: A formal charge by a grand jury. Lists the charges that the grand jury thinks there is enough evidence to prove.

Preparing for the trial 9. Subpoena: A legal order requiring a person to provide requested documents or appear in court.

Instead of going to trial, the lawyers could arrange 10. Plea bargaining: a defendant pleads guilty to a lesser offense than the one they are charged with in order to get a lighter sentence.

At the beginning of the trial the jury should have a… 11. Presumption of Innocence: In the U.S. a person is considered innocent until proven guilty in a court of law. 100% of the jury must vote “guilty” for the defendant to be found guilty.

To be found not guilty, a defendant needs to provide the jury with… 12. Reasonable Doubt: Evidence presented by the defendant’s attorney creates doubt that the defendant might be guilty. The jury must be unanimous to find someone guilty.

Multiple Choice Practice 1. In a criminal trial what percentage of the jury must vote guilty in order for a defendant to be convicted? 51% 60% 75% 100%

Multiple Choice Practice 2. What is the purpose of an indictment? a.to formally charge a person with a crime b.to advise a person of the right to remain silent c.to sentence a person who has been convicted d.to decide whether a person is guilty or not guilty