the criminal case student copy

8/3/2019 The Criminal Case Student Copy

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THE CRIMINAL CASE

Mr. DeMario


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THE TWO SYSTEMS OF OF CRIMINAL

COURTS

The Federal Courts

Circuit Court of Appeals

The State Courts

State Supreme Court

State Trial Court


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THE TWO SYSTEMS OF OF CRIMINAL

COURTS

Criminal Lawyers

After law sch

ool (7 years total) lawyers must passthe bar exam in the state they practice law

Lawyers can practice in all areas of the law, but

most specialize in particular fields


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PROSECUTORS

Government employees

Represent the public and present the

governments case against th

e defendant


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PROSECUTORS

Represent the public and present the

governments case against a defendant incriminal cases

Must also decide wh

eth

er to bring ch

arges,what the charges are, and whether or not to

change or drop charges


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DEFENSE ATTORNEYS

Prepare and present the defendants case at a

trial

Public defender work full time for the

government representing criminals wh

o cannotafford a lawyer


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THE CRIMINAL CASE PROCESS

Basic to every criminal case are facts

Evidence facts, tangible and non-tangible,

used to prove a case


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INVESTIGATION AND ARREST

What it is:

Arrest is the taking of a criminal suspect into

custody to charge the suspect with a crime

What is required: An arrest must be based on probable cause and

must be made:

Or

Without a warrant under one of the judicially

recognized exceptions to the fourth amendment

warrant requirements


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ARREST

Who may arrest:

Depending on the jurisdiction, arrests may be

carried out by:

Check out chart on top of page 125 FelonyDefendants (by most serious arrest charge)


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POLICE CRIME INVESTIGATION

REPORT

Page 124

Step 1: read report P124-125

Answer discussion questions on page 126 #1-2


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PRETRIAL

Purpose:

To make sure t

hat t

he criminal knows t

heir rig

hts

and are not abused by authorities

States may require that this first appearance

happens within a specified time range (48 hours)


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PRETRIAL PROCEDURE

The judge informs the suspect of the right to

counsel (lawyer)


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BAIL

Judge sets bail for both misdemeanors and

felonies

in felony cases, th

e judge must eith

er

Release the arrestee without bail


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BAIL

If they do not, they need a bail bond company

to post th

e necessary amountHave to pay them a fee usually 10-20%

If defendants post bail and show up for trial,

they get bail money back


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CRITERIA FOR SETTING BAIL

The likelihood that the defendant will remain inthe state and appear in court


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RELEASE ON OWN RECOGNIZANCE

Second method of pretrial release is release on

ones own recognizance

Judge releases a criminal suspect after t

hesuspect promises to return for trial

Must be convinced that the defendant will not

leave town


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PLEABARGAINING

Can occur at almost any stage in the criminal

case

Typically, plea bargaining only occurs between

the two sets of lawyers and does not involve the

judge


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CRITICISMS OF PLEA BARGAINING

Eliminates safeguards that are guaranteed

during a trial Lets defendants off the hook too often


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SUPPORTERS OF PLEA BARGAINING

Saves money and time

Keeps police and investigators on the streetand out of the courtroom


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PLEA BARGAINING DISCUSSION

QUESTIONS

Try to answer #1-2 on page 137 on your own


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PROBABLE CAUSE HEARING

Purpose

Before trial, court must find there is probable cause

that a crime was committed and the arrestee

committed it


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TYPES OF HEARINGS

Preliminary hearings

Grand

Jury

If the majority of jurors find probable cause, then

the court moves on with the indictment


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ARRAIGNMENT

Either not guilty, guilty or no contest (same asguilty BUT does not hold up in a civil case)


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TRIAL

Procedures

Opening statements

Closing arguments

Instructions to the jurors


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JURY SELECTION

Prosecution and defense attorneys pose

questions to jurors in order to select a jury


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OPENING STATEMENTS

Both the prosecution and defense prepare

opening statements


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PRESENTING EVIDENCE

Prosecution presents evidence first, questions

witnesses

Direct Examination:

Cross-Examination: opposing lawyer questions

the same witness, looking for weaknesses in

the testimony


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CLOSING ARGUMENTS

Each lawyer summarizes what has beenestablished, or what has not been established


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JURY DELIBERATIONS

Jurors meet in the jury room to talk about the

case


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THE COURTROOM SETTING

Page 142 #1-3


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DIRECT VS. CIRCUMSTANTIAL

EVIDENCE

Direct evidence: one or more elements of a

given crime

A witness hears the suspect say they are going to

kill the victim

Circumstantial evidence: indirectly supports

one or more elements of a crime


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EVIDENCE RULES

Review the rules on pages 153-157

Class activity: Objection

For cases A-L1. should an objection be made (yes or no)

2. give a reason for each answer

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