1. Steps in a Criminal Case
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2. 1. Investigation and Arrest
Police investigate a crime, an arrest is made with a valid arrest warrant
Arrest warrants do not need to be obtained if police catch the person in the act or have reasonable suspicion to believe that a person has broken the law
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3. 2. Initial Appearance
Within 24 hours of an arrest, a defendant sees a judge who reads the formal charge and the rights of the defendant
If the crime is a misdemeanor, the defendant enters a plea and sentencing or a date for trial is set
If the crime is a felony, a plea is not taken and a date for a preliminary hearing is set. The judge will also assign bail
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4. 3. Preliminary Hearing or Grand Jury
In most states, a Grand Jury is convened
A Grand Jury is a group of citizens that are presented with evidence and decide if the case has enough merit to proceed to trial
If it does, the Grand Jury issues an Indictment
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5. 4. Plea Bargaining
In most cases (94-97%), a plea bargain is reached and the case does not go to court
In this step, all parties involved work out an agreement which the defendant pleads guilty to a lesser crime(or fewer crimes) in return for the government not prosecuting the more serious crime
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6. 5. Arraignment and Plea How does ‘Fracture’ hold up?
After a preliminary hearing or indictment from a Grand Jury, the arraignment occurs where a judge reads the formal charges against the defendant in an open courtroom
The defendant then enters his plea: Not guilty, not guilty by reason of insanity, guilty, or no contest
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7. 6. Trial The 6th Amendment ensures a speedy and public trial
Speedy generally means within 6 months of arraignment, but in some cases a backlog could push trial dates out even further
Defendants can delay the trial to make sure their case is solid, the prosecution can not
Witnesses are called, evidence is presented
Each side has the opportunity to question the other side’s witnesses
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8. 7. Decision
After closing arguments, the judge gives the jury instructions on proper legal procedures for the case and explains the law that the jury is required to apply to the facts brought out in trial
Cases need a unanimous vote by the jury of guilty or not guilty
If the decision is not unanimous, it is known as a hung jury and the case ends in a mistrial with the opportunity to retry the case with a different jury
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9. 8. Sentencing If the verdict is guilty
The judge gives a sentence which can include prison time, probation, payment of a fine, community service
In some states, the jurors play a role in sentencing, especially when the death penalty is involved
The law usually sets minimum and maximum penalties for crimes
Defendants have the right to appeal their cases to a higher court
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10. Overall
Overall, how does the movie stack up to reality?