1. Constitutional Criminal Procedure

2. Dual Court System of the United States District Courts of Appeal
Federal Court System
State Court System
U.S Supreme Court
State Supreme Court
District Courts of Appeal
U.S. Courts of Appeal
Superior Courts
U.S. District Courts

3. Key Actors in the Court Process
Defense Attorney
Judge
Prosecutor

4. Powers of the Prosecutor
Conduct final screening of case
Decide to charge person with crime

5. Powers of the Prosecutor
Decide whether to prosecute or not
if decide to prosecute, they determine what the charge will be

6. Powers of the Prosecutor
No prosecution decision is nolle prosequi, or nol. pros.

7. Why Prosecutors don’t Charge

8. Why Prosecutors don’t Charge

9. Nolle Prosequi Offense did not cause sufficient harm
Statutory punishment for a crime is too harsh for a particular offender

10. Nolle Prosequi Criminal charge made for the wrong reasons
Law is regularly violated with impunity

11. Nolle Prosequi Victim may refuse to testify
Humanitarian considerations for victim or offender

12. Nolle Prosequi
Accused person cooperates in the apprehension and/or conviction of other criminals

13. Nolle Prosequi
Accused is wanted for prosecution of a more serious crime in another jurisdiction

14. Nolle Prosequi
May be more cost effective to simply have the parole revoked and return offender to prison

15. Defense Attorneys
Accused has the right to “the assistance of counsel for his defense”

16. Defendant’s defense options
Privately retained counsel
Court-appointed attorney

17. Defendant’s defense options
Public Defender
Court Contract lawyer (Alternate Public Defender)

18. Three Types of Defendant Pleas
Guilty
Not Guilty
Nolo Contendere no contest

19. Responsibilities of Judges

20. Responsibilities
Determining Probable Cause
Sign Warrants

21. Responsibilities
Informing suspects of their rights

22. Responsibilities
Setting and revoking bail
Arraigning defendants

23. Responsibilities
Accepting guilty pleas
Managing courtroom and staff

24. Responsibilities
Ensuring a jury has a chance to reach a verdict on evidence presented

25. Responsibilities Instructing jury on the law (Jury Instructions)
Imposing sentences

26. Criminal Justice Process

27. Crime is committed

28. Crime is Discovered
Eagle
Mountain

29. Crime is Reported

30. Police Respond

31. Investigation & Arrest

32. Investigation & Arrest - Warrant

33. Arrest & Further Investigation

34. BOOKING

35. Formal Charges

36. Formal Charges

37. Pretrial Release Options
Cite and Release “Promise to Appear”
Bail Bond

38. Pretrial Release Options
Full cash bonds
Deposit bonds

39. What is Bail?
Usually a monetary guarantee deposited with the court...

40. What is Bail?
to ensure that the suspect(s) will appear at a later stage in the criminal justice process

41. Judges Bail Considerations Likelihood of defendant appearing for court
Seriousness of the crime

42. Judges Bail Considerations Current capacity of jail
Defendant would be a threat to the community

43. Initial Appearance in Court

44. Initial Appearance Be advised of Constitutional rights
Give formal notice of charges to defendant
Be advised of Constitutional rights

45. Initial Appearance Set for Pretrial Conference
Hold for Preliminary Hearing (felonies)
Set for Pretrial Conference

46. Preliminary Hearing (felony)

47. Preliminary Hearing (felony)

48. Preliminary Hearing (felony)

49. Preliminary Hearing (felony)
“Information”

50. Grand Jury “Indictment”

51. Grand Jury
A group of citizens who, for a specified period of time….

52. Grand Jury Meet in closed sessions to:
Investigate charges (from a preliminary hearing – Fed Court)

53. Grand Jury Meet in closed sessions to:
Investigate crime to determine if there is sufficient evidence

54. Grand Jury Meet in closed sessions to:
Protect citizens from unfounded charges

55. Grand Jury Meet in closed sessions to:
Consider misconduct of government officials

56. Purpose
Determine if there is probable cause to hold suspect

57. Prosecutor’s Information

58. Formal Arraignment
Case # OU-812

59. Purposes of the Arraignment
Hear the formal information or indictment
Allow defendant to enter a plea

60. Purposes of the Arraignment
Determine if defendant is competent to stand trial

61. Pleas Options Available at Arraignment
Guilty
Not Guilty

62. Pleas Options Available at Arraignment
Nolo Contendre (no contest)
Not guilty by reason of insanity

63. Plea Bargaining

64. Plea Bargaining

65. Three Types of Plea Bargains
Plead guilty to a lesser offense
Plead guilty to receive a lighter sentence

66. Three Types of Plea Bargains
Plead guilty to have other charges dropped

67. Whose interests are served by plea bargaining?

68. Plea-Bargaining?
Prosecutors
Judges

69. Plea-Bargaining?
Defense Attorneys
Most criminal defendants

70. Defendants not served by plea-bargaining
Innocent, indigent defendants
Habitual offenders

71. Trial

72. Trial

73. Trial

74. Types of Trials
Bench Trial
Jury Trial

75. Jury Service

76. Source Lists Used in States to Obtain Jurors:

77. Voter registration lists
Licensed driver lists

78. Qualifications of a Potential Juror:

79. Qualifications
United States Citizen

80. Qualifications
Resident of the locality of the trial

81. Qualifications
Legal age

82. Qualifications
Ability to understand English

83. Qualifications
Be of good character and/or well informed

84. The Trial Process

85. Trial Procedure Pre-Trial Motions Jury Selection Opening Statements
Prosecution Case in Chief
Defense Case
Rebuttal – to cast doubt
Closing Arguments – Prosecution, Defense, Prosecution

86. Trial Procedure cont. Judge’s Instructions to the Jury
Jury Deliberation
Verdict
Polling of the Jury
* * * * * * * * *
Sentencing Hearing (by the Judge)

87. Stages in a Criminal Trial
7-7:
Stages in a Criminal Trial

88. SENTENCING

89. SENTENCING

90. Sentences
Time Served
Fine
Probation
Jail
Prison
Death Penalty

91. Possible Appeals

92. Punishment

93. Funneling Effect of CJ System
1000 felonies committed
500 reported to police
100 arrested
50 convicted
30 incarcerated

94. Next Week