5.03 Describe the adversarial nature of the judicial process.
The Judicial Process Adversarial system Argued by attorneys on both sides Judges ensure that trial procedures are conducted according to the law Juries decide the outcome of the case
Criminal Proceedings- Before the trial 1. A crime is committed: misdemeanor or felony 2. Police agency investigates: search warrants may be issued 3. An arrest warrant is issued- not needed if police have probable cause 4. Indictment or complaint is filed.
Indictment and Complaint Indictment- Formal charge issued by a grand jury Grand jury: special juries which hear evidence and decide if charges should be filed Complaint- prosecutor files charges directly with the court (no grand jury) Preliminary hearing may be held to review evidence Both are meant to protect individual rights
Once a person is charged 1. Arraignment takes place- plea is entered. Guilty or not guilty 2. If guilty plea, criminal is sentenced 3. If not guilty plea, the case is put on the court docket (court schedule) 4. Defendant may receive bail. 5. Plea bargaining- defendant may plead to a lesser charge if they know they will be found guilty
Criminal Trials Prosecutor presents govt’s case against the accused (defendant) Petit jury (trial jury) hears the evidence Public Defender- defense attorney used for those who can’t afford a lawyer Bailiff- court’s law enforcement Subpoena- legal documents which require someone to come to court
Criminal Trials Perjury- lying under oath Verdict- decision made by the jury Sentencing- punishment given Capital crime- crime for which one can be sentenced to death Hung jury- when the jury cannot reach a consensus Mistrial- try the case again or drop the charges.