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Lesson 3.2 Criminal Procedure

There are many steps that must be followed in a criminal case in order to find someone guilty of a crime. Some of these steps are mandated by the U.S. Constitution. Others are mandated by state constitutions, statutes, and case law.

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Lesson 3.2 Criminal Procedure

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  1. There are many steps that must be followed in a criminal case in order to find someone guilty of a crime. Some of these steps are mandated by the U.S. Constitution. Others are mandated by state constitutions, statutes, and case law. 1. Why do you think that there strict procedures must be followed? 2. What do you think happens if proper criminal procedure is not followed?

  2. Lesson 3.2Criminal Procedure Essential Question: How does criminal procedure differ from civil procedure?

  3. Criminal Procedure Arrest Booking Initial Appearance

  4. Criminal Procedure Arrest • Police must have probable cause to make an arrest • Arrest warrants are issued by judges • Police must read the Miranda warnings prior to “custodial interrogation” Booking Initial Appearance

  5. Criminal Procedure Arrest • Police must have probable cause to make an arrest • Arrest warrants are issued by judges • Police must read the Miranda warnings prior to “custodial interrogation” Booking • Digital photos of face (“mug shots”), scars, and tattoos are taken via Commonwealth Photo Identification Network (CPIN) • Fingerprints are captured by the Automated Fingerprint Identification System (AFIS) • The accused’s criminal history is updated • Booking Center is at the Cumberland County Prison Initial Appearance

  6. Booking

  7. Booking A. D. E. B. F. C.

  8. Criminal Procedure Arrest • Police must have probable cause to make an arrest • Arrest warrants are issued by judges • Police must read the Miranda warnings prior to “custodial interrogation” Booking • Digital photos of face (“mug shots”), scars, and tattoos are taken via Commonwealth Photo Identification Network (CPIN) • Fingerprints are captured by the Automated Fingerprint Identification System (AFIS) • The accused’s criminal history is updated • Booking Center is at the Cumberland County Prison Initial Appearance • Often called “preliminary arraignment” in PA • Defendant appears before a local magistrate (Magisterial District Judge in PA) • Done via TV/Satellite from the Booking Center • The accused is informed of rights • Bail/Bond is set by the judge • Bond is set higher for potentially violent persons and flight risks

  9. Initial Appearance

  10. Criminal Procedure (cont.) Preliminary Hearing • Hearing is often waived by the defendant b/c it’s seen as a formality • Hearing is held by a local magistrate (Magisterial District Judge in PA) • The purpose is to make sure there is “probable cause” that the defendant committed a crime • Prosecution calls witnesses and presents evidence (defense cross-examines the witnesses) • Defendant will be “bound over for trial” if sufficient evidence exists Indictment or Information Arraignment

  11. Preliminary Hearing

  12. Preliminary Hearing

  13. Criminal Procedure (cont.) Preliminary Hearing • Hearing is often waived by the defendant b/c it’s seen as a formality • Hearing is held by a local magistrate (Magisterial District Judge in PA) • The purpose is to make sure there is “probable cause” that the defendant committed a crime • Prosecution calls witnesses and presents evidence (defense cross-examines the witnesses) • Defendant will be “bound over for trial” if sufficient evidence exists Indictment or Information • Formal charges (charges that the defendant will go to trial on) • Federal cases require that defendants be “indicted” (charged) by a grand jury • Grand juries consist of 23 jurors • A “true bill” must be approved by majority vote in order to indict • In Pennsylvania cases, defendants are charged by “information”,but grand juries can be convened for investigatory purposes. Arraignment

  14. Amendment 5 – U.S. Constitution No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  15. In Pennsylvania, formal charges are brought by information. In federal cases, formal charges are brought by indictment.

  16. In Pennsylvania, grand juries are used as investigative tools. The grand jury can then recommend charges. This is called a presentment. http://archive.freep.com/assets/freep/pdf/C4181508116.PDF

  17. These are the federal charges against Michael Vick and his codefendants https://www.law.cornell.edu/uscode/text

  18. Criminal Procedure (cont.) Preliminary Hearing • Hearing is often waived by the defendant b/c it’s seen as a formality • Hearing is held by a local magistrate (Magisterial District Judge in PA) • The purpose is to make sure there is “probable cause” that the defendant committed a crime • Prosecution calls witnesses and presents evidence (defense cross-examines the witnesses) • Defendant will be “bound over for trial” if sufficient evidence exists Indictment or Information • Formal charges (charges that the defendant will go to trial on) • Federal cases require that defendants be “indicted” (charged) by a grand jury • Grand juries consist of 23 jurors • A “true bill” must be approved by majority vote in order to indict • In Pennsylvania cases, defendants are charged by “information”,but grand juries can be convened for investigatory purposes. Arraignment • Defendant appears in County Court (Court of Common Pleas in PA) • Accused is read and informed of the charges against him/her • Defendant will enter a plea (guilty, not guilty, or no contest) • If the defendant pleads guilty or no contest, the next step is sentencing • If the defendant pleads not guilty, a trial must be held to prove guilt • Most cases end with a plea bargain

  19. Arraignment

  20. Plea Bargains A plea bargain is an agreement in which the defendant pleads guilty in exchange for leniency from the prosecution.

  21. Plea Bargains A plea bargain is an agreement in which the defendant pleads guilty in exchange for leniency from the prosecution.

  22. Plea Bargains A plea bargain is an agreement in which the defendant pleads guilty in exchange for leniency from the prosecution.

  23. American Law Criminal Procedure vs. Civil Procedure Criminal Procedure Civil Procedure

  24. http://www.pacode.com/secure/data/234/chapter6/s634.html

  25. Verdict Slip for Death Penalty Cases http://www.pacode.com/secure/data/234/chapter8/s808.html

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