1. Criminal Court Process
From Arrest to
Trial or Plea

2. Criminal v. Civil Court Cases
Civil- branch of law dealing with disputes between individuals and organizations
Compensation usually given to the ‘winner’
Criminal- branch of law dealing with the state against individuals.
Individuals convicted risk punishment of jail sentences, death penalty, probation, etc.

3. Criminal Trials

4. Rights in a Criminal Trial
Impartial Judge
Competent at Trial
Confront Witnesses
Compulsory Process- compel witnesses
Impartial Jury – min. 6, usually 12
Counsel at Trial
Speedy Trial- w/in 60 days of arraignment
Public Trial

5. Who is involved? Defendant Prosecutor v. Defense Attorney
The suspect on trial for an accused offense
Prosecutor v. Defense Attorney
Prosecutor- an employee of the state that is responsible for presenting the case against the accused
Defense- legal counsel for the defendant
Privately employed OR appointed by the state

6. Prosecution v. Defense

7. Prosecution
Role & Function: have the task of deciding which cases to pursue and which charges to file prosecutorial discretion
State laws do not limit or guide their decisions.
Ultimately their job is to ensure justice is being delivered and crime is kept off the streets.
Objectives:
Prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Innocent until proven guilty

8. Prosecutors must use the following guidelines for deciding whether a case should be pursued:
Federal law enforcement priorities
The nature and seriousness of the offense
The deterrent effect of prosecution
The person’s culpability (blameworthiness) in connection with the offense
The person’s history with respect to criminal activity
The person willingness to cooperate in the investigation or prosecution of others
The probable sentence or other consequences if the person is convicted

9. Prosecution Common Reasons for Dismissal of a Criminal Case:
Insufficient Evidence
Witness problems
Due process problems (violations of constitutional requirements has occurred)
A plea on another case or referral for other prosecution
Factors that may influence decision to drop a case:
System Factors (cost of trial, court backlog, priority)
Case Factors (victim/offender background, strength of evidence, victim attitude and/or cooperation)
Public outrage, Media scrutiny, lobbying efforts, pressure on prosecution

10. Defense
Role & Function: ensuring that the prosecution proves its case in court or has substantial evidence of guilt.
Advises the Defendant
Protects Defendants constitutional rights
There for the defendant!
Objective: prove innocence of the defendant or arraign a plea bargain for the defendant
Want to provide reasonable doubt for the jury.

11. Realities of a Defense Attorney
Public sees them as protectors of the criminals
However, their goal is to protect constitutional rights, keep the prosecution honest and prevent innocent people from being convicted.
May have to represent someone who you know is guilty.
Public defenders are often forced to make a relationship with a client or defendant and try to represent someone they did not willing sign up to represent.

12. Criminal Court Proceedings

13. Criminal Trial Proceedings
Rules of Criminal Law, Procedure, and Evidence Govern the conduct of the trial.
Prosecution and Defense will compete before a judge and jury in hopes that the truth will emerge.
Major actors other than defendant and attorneys
Judge: ensures all rules are followed
Jury: the sole evaluator of the facts in the case

14. Last Chance- Plea-Bargaining or Trial?
All parties work together to come up with a plea agreement. If one is not reached- trial is the next step.
Plea-Bargain: an agreement between the defendant and prosecutor where the defendant agrees to plead guilty in return for a lesser punishment than the maximum sentence
Positives/Advantages for Defendant?
Positives/Advantages for Prosecutor?
Are they being soft on crime?

15. Criminal Trial Process
Jury Selection
Opening Statements by Prosecution & Defense
Prosecution’s presentation  evidence & witnesses
Defense’s presentation  evidence & witnesses
Closing arguments
Judge’s instruction to the Jury
Decision by the Jury

16. Jury Selection
Jury ‘pool’ of 200-1,000 citizens randomly drawn each month from a source list (drivers license, voter registration)
Pool taken down to a panel of 30
Only 14 jurors are chosen for the jury (2 are alternates)
Voir Dire screening process- “to speak the truth”
Questioning process of prospective jurors in order to screen out people that might be biased or other wise incapable of delivering a fair verdict

17. Opening Statements
The first chance the jury has to hear from both sides.
Prosecution – normally 1st
Introduce charges
Outline the facts
Describe HOW they will prove guilt beyond a reasonable doubt
Defense- normally 2nd
Reviews the case and tells their version of events and facts
Describe HOW the defense intends to show accused is not guilty

18. Presentation of Evidence
The presentation of evidence occurs through the questioning of witnesses
Prosecution starts by questioning their own witnesses (direct examination)
The defense gets the opportunity to question these same witnesses (cross examination)
If no motion or order is given to discredit prosecution’s presentation, the defense will begin theirs
Defense will question their own witnesses (direct exam.)
Prosecution gets opportunity to question the same witnesses (cross exam.)

19. Last Steps Closing Statements Jury Instructions Jury Deliberations
Each case reviews for the jury their presentations of evidence and reminds them one last time why they either proved guilty or not guilty
Jury Instructions
Judge will review for the jury the legal definitions involved in the case, the evidence needed to prove guilt, and remind them of the prosecution’s burden of proof
Jury Deliberations
The jury is sequestered (kept away) from public and those involved in case and attempts to make an unanimous decision
Verdict
Jury Nullification: refuse to make a judgment
Hung jury: can not reach a unanimous decision
Guilty: sentencing must be set
Not Guilty: defendant is released