1. Outline of the U.S. and Arizona Criminal Justice Systemsby
Frank F. Collins
Assistant Attorney General
Criminal Prosecutions
State of Arizona

2. Overview U.S. Criminal Justice System Generally
Arizona Criminal Justice System
Investigation
Charging
Court system
Arizona Rules of Criminal Procedure
Arizona Rules of Evidence
Process of a Prosecution
Plea Bargaining
Trials
Post Verdict Events

3. U.S. Criminal Justice System Generally
Federalism
Federal vs. state law
Separation of powers
Common law
Contrast with civil law
Sources of law
E.g., Constitution of the United States
Criminal vs. civil law

4. Arizona Criminal Justice System

5. Investigation A crime is committed
Law enforcement agency investigates it
Prosecutorial office does not investigate
Though police may consult with a prosecutor
Law enforcement:
Gathers evidence
Conducts interviews
Writes reports
Submits evidence for analysis
Makes arrests as necessary (with probable cause)
Law enforcement submits entire case to prosecutorial office (generally county, state or federal)

6. Charging Prosecutor reviews all available evidence in case
Prosecutor determines what charges are supported by facts
Legal and ethical standard is probable cause
Reasonable likelihood of conviction
Applicable law
United States Attorney’s Office: Federal law
County or Arizona Attorney General’s Office: State law (Arizona Revised Statutes)
Title 13: Criminal Code
Misdemeanors and/or felonies
Grand jury indictment
Complaint and preliminary hearing

7. Court System Federal Court State Courts Superior Court Justice Court
By county (e.g., Maricopa County)
Justice Court
Other courts (e.g., city)

8. Arizona Rules of Criminal Procedure
Applicable to Arizona Courts
Divided into sections:
General Provisions
Preliminary Proceedings
Rights of Parties
Pretrial Procedures
Pleas of Guilty and No Contest
Trial
Post-Verdict Proceedings
Appeal and Other Post-Convictions Relief
Powers of Court
Forms

9. Arizona Rules of Evidence
Also Applicable to Arizona Courts
Based on federal rules of evidence
Divided into sections:
General Provisions
Judicial Notice
Relevancy and Its Limits
Privileges
Witnesses
Opinions and Expert Testimony
Hearsay
Authentication and Identification
Contents of Writings, Recordings and Photographs
Miscellaneous Rules

10. Process of a Prosecution
Right to defense counsel (appointed or hired)
General right to release/bond with exceptions for certain cases
Disclosure by state and defense
“Make available”
Reports, witnesses, defendant’s statements, expert analyses (i.e., the evidence)
Exculpatory evidence
Speedy trial deadline
150 days for in custody defendants
180 days for out of custody defendants
Can be continued
Pretrial motions handled
Motion to release defendant (if in custody)
Motion to remand to grand jury
Motions to suppress evidence
Voluntariness motions

11. Plea Bargaining State may offer a plea (and usually does)
Vast majority of cases handled with plea
Typical offers contain:
Some charges dismissed
Plea to lesser offense
Stipulation to probation (may include jail)
Stipulation to term or range of years in prison
Stipulation to restitution to victim
Essential to the process
Not enough time to try all cases
Allows for speedy resolution
Less financial cost than trial
Can motivate defendant to help state in other cases
Frees prosecutor time for other cases

12. Trial

13. General Sequence of Events in a Trial
Trial preparation
Motions in limine before trial
Trial can be before a jury or single judge
Trials can be in absentia
Opening statements
State presents case:
Calls state’s witnesses, defense cross-examines
Admits evidence
Rests
Defense presents case:
Calls defense witnesses, state cross-examines
Defendant may or may not testify
State presents rebuttal evidence, if necessary
Closing arguments (state, defense, state)
State must prove case “beyond a reasonable doubt”
Jury or judge issues verdict
Jury must be unanimous to convict (if not, case may be retried)

14. Post Verdict Events
Sentencing generally must be held between 15 and 30 days from determination of guilt
Deadline may be extended
Depending on case, defendant may get probation, jail or prison
Probation may be revoked
Appeals
Post conviction relief (e.g., newly discovered evidence)