Criminal CasesCriminal CasesChapter 16 Section 2Chapter 16 Section 2

PurposePurpose

Make criminal Make criminal “pay”“pay” for the offense for the offense Protect societyProtect society by keeping the by keeping the

criminal in prisoncriminal in prison As a deterrent - As a deterrent - Warn others not to Warn others not to

commit the crime or they will face commit the crime or they will face punishment punishment

Rehabilitate criminalRehabilitate criminal to return to to return to societysociety

ArrestArrest

The defendant is The defendant is arrested arrested for suspicionfor suspicion of committing a crime of committing a crime police have police have probable probable causecause

BookingBooking The defendant The defendant

is taken to a is taken to a local police local police station and station and bookedbooked ((charged, charged, fingerprinted, fingerprinted, photographed photographed (mug shot), and (mug shot), and allowed to call a allowed to call a lawyerlawyer

$$$$$$$$$$ Bail Bail $$$$$$$$$$

Defendant goes before the Defendant goes before the MagistrateMagistrate

Magistrate reviews the case to make Magistrate reviews the case to make certain there is certain there is PROBABLE CAUSEPROBABLE CAUSE a a crime has been committed.crime has been committed.

If so, BAIL is setIf so, BAIL is set BAIL – money to assure the defendant BAIL – money to assure the defendant

returns to courtreturns to court If not – defendant is free to goIf not – defendant is free to go

Preliminary HearingPreliminary Hearing Within 72 hours in NCWithin 72 hours in NC defendant is taken to defendant is taken to

court and the prosecution must show the judge court and the prosecution must show the judge there is a probable cause (good reason) for there is a probable cause (good reason) for believing the accused person committed the believing the accused person committed the crimecrime

The judge either:The judge either: sends the defendant back to jail (without bail sends the defendant back to jail (without bail

until the trial)until the trial) sets bail for the accused (they can pay it and sets bail for the accused (they can pay it and

then leave, not pay it and stay in jail)then leave, not pay it and stay in jail) or releases the accused on his/her own without or releases the accused on his/her own without

bailbail

Indictment – Indictment – for for felony felony casescases ONLYONLY

Using a Using a grand jurygrand jury to formally charge to formally charge the defendant with the crime…if the the defendant with the crime…if the defendant was not caught defendant was not caught “red-handed”“red-handed”

Arraignment – Arraignment – felonies onlyfelonies only The defendant appears in court as the The defendant appears in court as the

result of an result of an INDICTMENTINDICTMENT, or because they , or because they were arrested by police because police were arrested by police because police had enough had enough PROBABLE CAUSEPROBABLE CAUSE, and the , and the defendantdefendant formally presented with the formally presented with the felonyfelony charges charges

The defendant is given a lawyer if he/she The defendant is given a lawyer if he/she can not afford onecan not afford one

PLEAPLEA

The defendant must enter a plea of either:The defendant must enter a plea of either:If the defendant enters If the defendant enters not guiltynot guilty, the case continues, the case continues If the defendant enters If the defendant enters guilty,guilty, the case does not the case does not

continue, THEIRE IS A continue, THEIRE IS A BENCH TRIAL and the BENCH TRIAL and the judge determines the sentencejudge determines the sentence

If the defendant enters no contest/ALFORD If the defendant enters no contest/ALFORD PLEA, he/she does not admit guilt, THERE IS A PLEA, he/she does not admit guilt, THERE IS A BENCH TRIAL and the judge determines BENCH TRIAL and the judge determines punishmentpunishment

Pre Trial MOTIONSPre Trial MOTIONS Lawyers check facts, gather evidence, Lawyers check facts, gather evidence,

and interview witnessesand interview witnesses Evidence obtained Evidence obtained ‘illegally’‘illegally’ is thrown out is thrown out Subpoena- court documents requesting Subpoena- court documents requesting

someone (witness) someone (witness)

appear at a judicial appear at a judicial

proceeding (testify)proceeding (testify)

Jury SelectionJury Selection Lawyers select 12 jurorsLawyers select 12 jurors

Residents are randomly called for jury duty Residents are randomly called for jury duty and lawyers pick from the pool of and lawyers pick from the pool of potential jurorspotential jurors

Either side can dismiss a certain number Either side can dismiss a certain number of jurors for various reasonsof jurors for various reasons

Voir Dire-Voir Dire- “speak the truth” “speak the truth”

questioning people to see questioning people to see

if they can serve as jurorsif they can serve as jurors Impanel-Impanel- to pick the jury to pick the jury

TrialTrialADVERSARIAL SYSTEM OF ADVERSARIAL SYSTEM OF

JUSTICEJUSTICE

1.1. LawyersLawyers for each side make for each side make opening statements in which opening statements in which they outline the casethey outline the case

2.2. ProsecutionProsecution presents its presents its entire case, then the entire case, then the defensedefense presents its casepresents its case

3.3. Each side may present Each side may present evidence and witnessesevidence and witnesses

1.1. Testimony-Testimony- answers given by witnesses answers given by witnesses under oath under oath

2.2. Cross-examineCross-examine- after a witness testifies for - after a witness testifies for one side, the other side is allowed to ask the one side, the other side is allowed to ask the witness questions (in hopes to show they are witness questions (in hopes to show they are not being truthful)not being truthful)

Question??????????Question??????????

Does the Defendant have to take the Does the Defendant have to take the stand in their won trial??stand in their won trial??

Why or why not???Why or why not???

Trial cont…..Trial cont….. PerjuryPerjury- lie under oath- lie under oath

6. 6. Next each sideNext each side presents closing presents closing arguments in which they sum up the arguments in which they sum up the case and why they are correctcase and why they are correct

7. 7. Trail ends and jury receivesTrail ends and jury receives instruction instruction of law from Judgeof law from Judge

BailiffBailiff- sheriff who keeps order in the - sheriff who keeps order in the courtroomcourtroom

Contempt of Court- Contempt of Court- anything to hinder the trial process, you can be held anything to hinder the trial process, you can be held

“in contempt of court”“in contempt of court”

DeliberationDeliberation

Jury deliberations are secret and have no Jury deliberations are secret and have no set time limitset time limit

Jurors vote on whether the defendant is Jurors vote on whether the defendant is guilty or not guiltyguilty or not guilty

Prosecution must have Prosecution must have convinced the jurors the convinced the jurors the defendant is guilty “beyond defendant is guilty “beyond a reasonable doubt” (99.9% a reasonable doubt” (99.9% sure, if not by law they aresure, if not by law they are to vote not guilty)to vote not guilty)

Deliberation contDeliberation cont Nearly all cases require a unanimous Nearly all cases require a unanimous

verdictverdict Sequestered-Sequestered- keeping the jury away keeping the jury away

from the public during a trial or from the public during a trial or deliberationdeliberation

Hung Jury-Hung Jury- jury that can not reach a jury that can not reach a verdict (judge declares for a retrial)verdict (judge declares for a retrial)

AcquittalAcquittal- not guilty vote and defendant - not guilty vote and defendant is releasedis released

If the jury votes guilty the defendant is If the jury votes guilty the defendant is sentenced sentenced

SentencingSentencing Judge sets a court date for sentencingJudge sets a court date for sentencing Each case is unique and judges make Each case is unique and judges make

different sentences for similar crimes different sentences for similar crimes (considers family life, criminal record, (considers family life, criminal record, etc.)etc.)

Victims are usually allowed Victims are usually allowed

to make statements that to make statements that

are consideredare considered

Types of SentencesTypes of Sentences Suspended Sentence-Suspended Sentence- defendant is given defendant is given

sentence but it does not have to be sentence but it does not have to be served at that time. Defendant is also put served at that time. Defendant is also put on probation. If they on probation. If they violate probationviolate probation, , they then do their active sentence.they then do their active sentence.

House Arrest-House Arrest- serve sentence at home serve sentence at home with restrictions on movementwith restrictions on movement

Monetary Sentence/Monetary Sentence/restitutionrestitution- defendant - defendant is required to pay damages is required to pay damages

Work Release-Work Release- defendant is allowed to work but defendant is allowed to work but must return to prison at night and on weekendsmust return to prison at night and on weekends

Imprisonment/incarceration/retrinutionImprisonment/incarceration/retrinution- defendant is - defendant is confined to prison to serve sentenceconfined to prison to serve sentence

Death/capitol offense-Death/capitol offense- defendant is sentenced to die defendant is sentenced to die Parole-Parole- Not in NC which has Not in NC which has Mandatory SentencingMandatory Sentencing

early release from prison with restrictions (such as early release from prison with restrictions (such as meeting with parole officer until sentence expires, meeting with parole officer until sentence expires, etc.)etc.)

AppealAppeal If defendant is found guilty he/she If defendant is found guilty he/she

may appeal to a higher court if rights may appeal to a higher court if rights were violatedwere violated