Constitutional Criminal Procedure

1. Constitutional CriminalProcedure

2. Dual Court System of the United States U.S Supreme Court State Supreme Court District Courts of Appeal U.S. Courts of Appeal Superior Courts Federal Court System State Court System U.S. District Courts

3. Key Actors in the Court Process Defense Attorney Judge Prosecutor

4. Powers of the Prosecutor • Conduct final screening of case • Decide to charge person with crime

5. Powers of the Prosecutor • Decide whether to prosecute or not • if decide to prosecute, they determine what the charge will be

6. Powers of the Prosecutor • No prosecution decision is nolle prosequi, or nol. pros.

7. Why Prosecutors don’t Charge

8. Why Prosecutors don’t Charge

9. Nolle Prosequi • Offense did not cause sufficient harm • Statutory punishment for a crime is too harsh for a particular offender

10. Nolle Prosequi • Criminal charge made for the wrong reasons • Law is regularly violated with impunity

11. Nolle Prosequi • Victim may refuse to testify • Humanitarian considerations for victim or offender

12. Nolle Prosequi Accused person cooperates in the apprehension and/or conviction of other criminals

13. Nolle Prosequi Accused is wanted for prosecution of a more serious crime in another jurisdiction

14. Nolle Prosequi May be more cost effective to simply have the parole revoked and return offender to prison

15. Defense Attorneys Accused has the right to “the assistance of counsel for his defense”

16. Defendant’s defense options • Privately retained counsel • Court-appointed attorney

17. Defendant’s defense options • Public Defender • Court Contract lawyer (Alternate Public Defender)

18. Three Types of Defendant Pleas • Guilty • Not Guilty • Nolo Contendere - no contest

19. Responsibilities of Judges

20. Responsibilities • Determining Probable Cause • Sign Warrants

21. Responsibilities • Informing suspects of their rights

22. Responsibilities • Setting and revoking bail • Arraigning defendants

23. Responsibilities • Accepting guilty pleas • Managing courtroom and staff

24. Responsibilities • Ensuring a jury has a chance to reach a verdict on evidence presented

25. Responsibilities • Instructing jury on the law (Jury Instructions) • Imposing sentences

26. Criminal Justice Process

27. Crime is committed

28. Crime is Discovered Eagle Mountain

29. Crime is Reported

30. Police Respond

31. Investigation & Arrest

32. Investigation & Arrest - Warrant

33. Arrest & Further Investigation

34. BOOKING

35. Formal Charges

36. Formal Charges

37. Pretrial Release Options • Cite and Release“Promise to Appear” • Bail Bond

38. Pretrial Release Options • Full cash bonds • Deposit bonds

39. What is Bail? Usually a monetary guarantee deposited with the court...

40. What is Bail? to ensure that the suspect(s) will appear at a later stage in the criminal justice process

41. Judges Bail Considerations • Likelihood of defendant appearing for court • Seriousness of the crime

42. Judges Bail Considerations • Current capacity of jail • Defendant would be a threat to the community

43. Initial Appearance in Court

44. Initial Appearance • Give formal notice of charges to defendant • Be advised of Constitutional rights

45. Initial Appearance • Hold for Preliminary Hearing (felonies) • Set for Pretrial Conference

46. Preliminary Hearing (felony)

47. Preliminary Hearing (felony)

48. Preliminary Hearing (felony)

49. Preliminary Hearing (felony) “Information”

50. Grand Jury “Indictment”