2. Criminal Courts may be State or Federal Government. Always involve the violation of some standing law. Unlike a civil case, if no law was broken, a Criminal Trial cannot take place.

3. Individuals cannot charge someone Criminally. Although you may press criminal charges against someone, the state or federal government is the only organization who can formally charge someone. Most of the time, a criminal case is the Government vs. a Private Individual.

4. A judge is still in charge of a Criminal Trial. ALL Criminal Trials require a jury of 12 individuals to decide the case. RESPONSIBILITIES Jury – Determines Guilt or Innocence based on Evidence. Judge – Determines Punishment (if any) and instructs jury.

5. In Criminal Cases, it is necessary for evidence to be BEYOND A REASONABLE DOUBT. If there are any questions or any uncertainty about a persons guilt, the jury is instructed to find them Not Guilty. Guilty Not 100% 0% 51% 49% 51% GuiltyNot 75% 25%

6. Trial Lawyers are present and argue on behalf of the Prosecution and the Defense. Prosecution – The group accusing another person of committing a crime or wrongdoing. Defense – The group that is being accused of a committing a crime or wrongdoing. Miranda vs. Arizona Supreme Court Case “If you cannot afford an attorney, one will be appointed at no cost to you.”

7. Criminal Courts have many more punishment options available to those found guilty. They may use one or a number of different punishments if desired. Some Examples: Fines (Paid to an individual or to the Government) Mandatory Community Service Probation House Arrest Incarceration Execution

8. Minimum Sentence that a judge can grant is sometimes mandated by law (varies by state). For Example: Selling drugs to minors – Minimum 1 Year Selling drugs in a School Zone – Minimum 2 Years Aggravated Assault – Minimum 5 Years Aggravated Assault on a Police Officer – Minimum 20 Years. 1 st / 2 nd Degree Murder – Minimum Life in Prison

9. Appearance in Court First appearance before a judge. Charges are explained. Bail is set.

10. Preliminary Hearing Very one-sided towards Prosecution Evidence shown to determine if a case can even go to trial.

11. Indictment Formal Accusation against the Accused.

12. Arraignment Accused is formally notified of charges and enters plea. Guilty, Not Guilty, No Contest

13. Jury Selection Prosecution and Defense choose 12 people to decide an accused person guilt or innocence.

14. Trial Prosecution and Defense present evidence and question witnesses.

15. Verdict Jury deliberates and establishes a persons guilt or innocence. No Decision? Hung Jury.

16. Sentencing Judge sets punishment for a convicted defendant.