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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

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The Anatomy of a Criminal Case

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  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

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