1. Court Case Proceedings

2. Capital Case: Pre-Trial
Requirements: brutal murders that shock the community
Arrest
Arraignment: Defendant hears charges & enters a plea
Preliminary Hearing: Is there enough evidence to show a Grand Jury?
Grand Jury decides if there is enough evidence for an Indictment (formal accusation of a crime)
Prosecutor files charges & announces intention to seek death penalty

3. Capital Case: Guilt Phase Trial
Jury Selection
Opening Statements
Prosecution‘s Case
Defendant’s Case (may offer evidence to weaken Prosecution’s case)
Closing Statements
Jury Instruction: Direction or guidelines that the Judge gives the jury concerning law that is applicable to the case
Deliberation
Verdict

4. Capital Case: Penalty Phase Trial
Aggravating Circumstances: prior record, number of victims, type of murder
Mitigating Circumstances: mental impairments, deprived background, “heat of passion”
Victim Impact Statements: Informs the Jury of the financial, physical, and psychological impact of the crime
Jury Sentence Recommendation: Can be death penalty or lesser jail sentence. In some states, a judge may override a jury’s recommendation

5. From Trial to Supreme Court
Constitution does not require defendant be provided a lawyer
Options:
Motion for a New Trial (ineffective counsel, insufficient or new evidence, jury misconduct)
Proportionality Review
Appeal to State Criminal Court or Federal District Court
Petition to the US Supreme Court for Writ of Certiorari

6. Supreme Court Hearings
October through April (2 wk rotations)
RECESSES
Evaluate petitions
Read prior proceedings/briefs of each side’s arguments
SITTINGS
30 minute arguments
Up to 24 cases!
14-16 weeks to announce a decision
May through July
Only announcing orders & opinions
August through October
Analyze new petitions, consider applications, make preparations for new cases

7. Factors influencing Hearings
Judicial Restraint v Judicial Activism
Public Opinion
The Constitution insulated SC justices from direct political pressures
Justices are appointed to serve life terms *subject only to good behavior
The public has limited access to Court proceedings
BUT
The appointment & confirmation processes keep the SC with the public
Congress and the state legislatures can amend the Constitution
Congress has the power to change the number of justices on the Court
Justices can be impeached
50% of House AND 2/3 of Senate

8. http://litigationinsights.com/case-strategies/judges-versus-jurors- decide-differently/