1 / 17

The Anatomy of a Criminal Case

The Anatomy of a Criminal Case. Government – Libertyville HS. Initial Proceedings. Crime committed Police investigation Search warrant request Made to judge Police ask permission to search place or person 4 th Amendment requires probable cause to search (or arrest) someone

beau
Download Presentation

The Anatomy of a Criminal Case

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Anatomy of a Criminal Case Government – Libertyville HS

  2. Initial Proceedings • Crime committed • Police investigation • Search warrant request • Made to judge • Police ask permission to search place or person • 4th Amendment requires probable cause to search (or arrest) someone • PC = facts that would lead a reasonable person to believe that search is justified

  3. Federal Grand Jury • All felonies under federal law require an indictment from a grand jury to make arrest • 23 citizens on GJ • Only prosecution presents evidence • PC based on evidence = issue indictment • Majority vote to indict • Good prosecutor can…

  4. Arrest • Three bases for an arrest • Police officer personally observes crime • Police officer has probable cause for arrest • Arrest warrant executed for arrest THIS is probable cause for an arrest…

  5. Arraignment • First courtroom appearance of defendant (accused) • Defendant’s rights are explained • Told criminal charges against him / her • Asked if he/ she needs an attorney, if facing jail time • Asked to enter plea (G-plea agreement; NG = trial) • Bail set

  6. US District Court Trial • Types of trials • Bench: judge considers issues of fact and law • Jury trial • Judge considers issues of law • Jury considers issues of fact • Defendant chooses what kind of trial to have

  7. US District Court Trial • Evidence presented • Witness testimony • Expert testimony • Written evidence • Prosecution case • Prosecution presents case against defendant • Prosecution must prove “beyond a reasonable doubt” that defendant is guilty (99% sure)

  8. US District Court Trial • Defendant’s case • Defendant does not have to prove anything • Defendant (accused) doesn’t even have to testify! • Generally D case is to poke holes in prosecution case • What is at stake in criminal case? • LIBERTY! • That’s why the proof is so high

  9. US District Court Trial • Jury deliberations • All twelve jurors talk about case • Must be unanimous decision • Standard of proof • Criminal = Beyond a Reasonable Doubt (99%) • Civil = preponderance of the evidence (51%)

  10. US District Court Trial • If a person is found guilty, then he / she has a right to an appeal

  11. US Circuit Court of Appeals • NO TRIAL ON APPEAL • Hearing on legal issues only • Three justice panel • Process • Each side writes legal brief explaining what legal mistakes were made (or not made) at trial • Each side makes oral argument before justices

  12. US Circuit Court of Appeals • Appellate decision • Majority opinion • Two or three justices agree on decision AND legal reasoning for decision • Concurring opinion • At least one justice agrees on decision but disagrees on legal reasoning for decision • Dissenting opinion • One justice disagrees with majority on decision, and gives reasoning for dissent

  13. US Circuit Court of Appeals • Possible outcomes on appeal • Uphold conviction = person stays in prison • Conviction overturned = person is set free • New trial ordered = person stays in prison but a new trial takes place because of some legal mistake made at original trial

  14. US Circuit Court of Appeals • If a person’s conviction is upheld, then person writes a “Writ of Certioari” asking US Supreme Court for a further appeal; if four justices agree to hear case (“Rule of Four”) they “grant cert” and appeal goes forward

  15. US Supreme Court • NO TRIAL AT USSC • Process • 9 justices • Hear cases from October to June • Hear two cases per day, three days per week, for two weeks each month • Rest of time spent researching, writing decision

  16. Statistics • As of December 31, 2010 • 7.2 million adults under correctional supervision (probation, parole, jail, prison) • 2,266,800 adult prisoners held in federal or state prisons & jails • An additional 4.9 million adults on probation or parole • 70,792 juveniles in detention

  17. Statistics • Per 100,000 US Residents (2010) • 4,347 black male inmates (260 black female inmates) • 1,755 Hispanic male inmates (133 Hispanic female inmates) • 678 white male inmates (91 white female inmates) • Cost • About $74 billion spent on corrections • Avg - $30,600 / inmate

More Related