1. Criminal Cases
Chapter 16 Section 2

2. Purpose Make criminal “pay” for the offense
Protect society by keeping the criminal in prison
As a deterrent - Warn others not to commit the crime or they will face punishment
Rehabilitate criminal to return to society

3. Arrest
The defendant is arrested for suspicion of committing a crime police have probable cause

4. Booking
The defendant is taken to a local police station and booked (charged, fingerprinted, photographed (mug shot), and allowed to call a lawyer

5. $$$$$ Bail $$$$$ Defendant goes before the Magistrate
Magistrate reviews the case to make certain there is PROBABLE CAUSE a crime has been committed.
If so, BAIL is set
BAIL – money to assure the defendant returns to court
If not – defendant is free to go

6. Preliminary Hearing
Within 72 hours in NC defendant is taken to court and the prosecution must show the judge there is a probable cause (good reason) for believing the accused person committed the crime
The judge either:
sends the defendant back to jail (without bail until the trial)
sets bail for the accused (they can pay it and then leave, not pay it and stay in jail)
or releases the accused on his/her own without bail

7. Indictment – for felony cases ONLY
Using a grand jury to formally charge the defendant with the crime…if the defendant was not caught “red-handed”

8. Arraignment – felonies only
The defendant appears in court as the result of an INDICTMENT, or because they were arrested by police because police had enough PROBABLE CAUSE, and the defendant formally presented with the felony charges
The defendant is given a lawyer if he/she can not afford one

9. PLEA The defendant must enter a plea of either:
If the defendant enters not guilty, the case continues
If the defendant enters guilty, the case does not continue, THEIRE IS A BENCH TRIAL and the judge determines the sentence
If the defendant enters no contest/ALFORD PLEA, he/she does not admit guilt, THERE IS A BENCH TRIAL and the judge determines punishment
PLEA

10. Pre Trial MOTIONS
Lawyers check facts, gather evidence, and interview witnesses
Evidence obtained ‘illegally’ is thrown out
Subpoena- court documents requesting someone (witness)
appear at a judicial
proceeding (testify)

11. Jury Selection Lawyers select 12 jurors
Residents are randomly called for jury duty and lawyers pick from the pool of potential jurors
Either side can dismiss a certain number of jurors for various reasons
Voir Dire- “speak the truth”
questioning people to see
if they can serve as jurors
Impanel- to pick the jury

12. Trial ADVERSARIAL SYSTEM OF JUSTICE
Lawyers for each side make opening statements in which they outline the case
Prosecution presents its entire case, then the defense presents its case
Each side may present evidence and witnesses

13. Testimony- answers given by witnesses under oath
Cross-examine- after a witness testifies for one side, the other side is allowed to ask the witness questions (in hopes to show they are not being truthful)

14. Question??????????
Does the Defendant have to take the stand in their won trial??
Why or why not???

15. Trial cont….. Perjury- lie under oath
6. Next each side presents closing arguments in which they sum up the case and why they are correct
7. Trail ends and jury receives instruction of law from Judge
Bailiff- sheriff who keeps order in the courtroom
Contempt of Court-
anything to hinder the trial process, you can be held “in contempt of court”

16. Deliberation Jury deliberations are secret and have no set time limit
Jurors vote on whether the defendant is guilty or not guilty
Prosecution must have
convinced the jurors the
defendant is guilty “beyond
a reasonable doubt” (99.9%
sure, if not by law they are
to vote not guilty)

17. Deliberation cont Nearly all cases require a unanimous verdict
Sequestered- keeping the jury away from the public during a trial or deliberation
Hung Jury- jury that can not reach a verdict (judge declares for a retrial)
Acquittal- not guilty vote and defendant is released
If the jury votes guilty the defendant is sentenced

18. Sentencing Judge sets a court date for sentencing
Each case is unique and judges make different sentences for similar crimes (considers family life, criminal record, etc.)
Victims are usually allowed
to make statements that
are considered

19. Types of Sentences
Suspended Sentence- defendant is given sentence but it does not have to be served at that time. Defendant is also put on probation. If they violate probation, they then do their active sentence.
House Arrest- serve sentence at home with restrictions on movement
Monetary Sentence/restitution- defendant is required to pay damages

20. Work Release- defendant is allowed to work but must return to prison at night and on weekends
Imprisonment/incarceration/retrinution- defendant is confined to prison to serve sentence
Death/capitol offense- defendant is sentenced to die
Parole- Not in NC which has Mandatory Sentencing early release from prison with restrictions (such as meeting with parole officer until sentence expires, etc.)

21. Appeal
If defendant is found guilty he/she may appeal to a higher court if rights were violated