<a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure The Court Process 2-1 Introduction Preparation of each case begins with the officer's initial observations in the case s/he should note facts used to establish reasonable suspicion and in the case of an arrest probable cause The Criminal Complaint Criminal cases come to court from 3 main sources: police, private persons (citizen's arrests) and grand jury indictments Police can start the process several ways: 1. arrest based on an arrest warrant application for the warrant will be the 1st official document filed with the court 2. no arrest warrant the complaint is the 1st document filed prosecutor decides which cases will be filed and what crimes will be charged in order to do this they need a report which clearly states the facts of the case and what info is available to the police there are no precise standards for a prosecutor when filing charges: (winnable) 1. how strong is the case? 2. did the police conduct their investigation thoroughly? 3. what crime(s) were committed? 4. were the suspect's constitutional rights violated? 5. are the witnesses credible? Complaint must state the facts for each charge Description must cover every element in the definition of that crime (use wording from penal code) Must show that the crime occurred within the court's jurisdiction and show the date (statute of limitations) If police seek an arrest warrant prior to arrest, they must follow formal procedures Make out an affidavit under oath of all the facts Typically use the same wording as complaints Many states allow the arrest warrant to take the place of the complaint When a private person wants to file charges, they are usually required to go to the prosecutor's office and give all the info under oath After the prosecutor decides what charges to file, complaint it typed and taken to the court clerk (filing the compliant) Once the complaint is filed, suspect is legally known as the defendant 2-3 Arraignment Defendant's first court appearance on the charge (1st appearance, preliminary hearing, etc) 2-2 Meridith Spencer Page 1 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure 1. informs defendant of what charges have been filed 2. make sure the defendant has an atty if the defendant has a right to an atty, determine if qualifies for free atty or if is representing self 3. set bail 4. enter a plea guilty, not guilty, nolo contendere 5. set the next court appearance at arraignment defense may seek to dismiss the case bc the complaint does not contain all the required information arraignment can also serve as a probable cause hearing must occur within 48 hours of arrest judge must review sworn statements to determine if there is probable cause not required if a judge previously issued an arrest warrant for the defendant or if the defendant will not be held in custody pending trial 2-4 Preliminary Hearing Felony cases that have not been heard by a grand jury must have a preliminary hearing unless the defense waives it Hearing is a &quot;mini-trial&quot; w/o a jury judge decides if there is enough evidence to: 1. prove that a crime was committed 2. require the defendant to face trial on the charge in some states this is done at the arraignment often the 1st time the witnesses are required to take an oath defense can decide how strong a case the prosecutor has helpful for plea bargaining defense can also call witnesses may decide not to (strategy) judge decides if there is enough evidence to &quot;hold the defendant to answer&quot; establish that it is more likely than not that the defendant committed the crime charged prima facie case (on its face) judge must make a decision on each charge if there is sufficient evidence bound over for trial prosecutor will then prepare the appropriate form information (Similar in form and wording to the complaint) 2-5 Grand Jury Purpose is to take testimony, review evidence, decide if suspect should be charged with a crime Composed of citizens (not prosecutors) Chosen by lot at a yearly drawing Each state is free to est own rules on how grand jurors are selected (no racial or gender discrimination), size and how many GJ are empanelled at once Operates separately from the police or prosecutor Meridith Spencer Page 2 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure Has the right to investigate criminal activity on its own but this is rarely done Prosecutor can also present cases to the grand jury Can call witnesses and ask questions Proceedings are held in secret suspect does not have to be informed Suspect does not have the right to be there (unless called to testify), to have an atty present in the room, to call witnesses, or to cross examine witnesses State laws prohibiting witnesses from discussing their testimony after they appear violate the 1st A SC has held that prosecutors are not required to present evidence to the grand jury that tends to show that the suspect is not guilty of the crime Minimum number of jurors required to vote for prosecution is set by the state unanimity is not required If vote to prosecute, return a &quot;True Bill of Indictment&quot; If the suspect is not in custody, warrant will be issued and bail set Arraignment on the indictment will be held 2-6 Suppression Hearing Allows a judge to decide is evidence can be used at trial If enough of the evidence is suppressed, the defense can successfully ask for the case to be dismissed Usually held after the preliminary hearing testimony at the prelim may alert the defense to the need for a suppression hearing Normal rules of evidence apply Both sides can call and cross examine witnesses If the issue is the admissibility of the confession or the defendant is charged with possession of the item in question, the defendant's suppression hearing testimony can not be introduced at trial Since this is done before the trial begins, the defense can not claim double jeopardy if the decision is reversed on appeal 2-7 Discovery Each side should have ample warning of what the other will present at trial Makes the trial more efficient and promote the process of truth finding Two areas the SC has required discovery: 1. name of an informant must be disclosed when the true identity of this person is necessary for the defendant's case 2. prosecution must disclose any evidence it has that tends to indicate the defendant is not guilty (Brady material Brady v Maryland) Meridith Spencer Page 3 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure until recently discovery in criminal cases was largely one sided 5th A interpretation of self incrimination reciprocal discovery is a growing trend both sides must disclose names of witnesses, physical evidence, copies of lab test performed on evidence, statement potential witnesses made to investigators requirements that a defendant notify the prosecution of the intent to call an alibi witness does not violate the 5th A discovery can be formal or informal informal exchange info attys know they would be required to by the court formal making requests in court must state exactly what is wanted 1. no established rule on releasing the info 2. one side is claiming that the info should not be released 3. attys do not have a good working relationship failure to comply with discovery rules can result in items being declared inadmissible prosecutors refusal to give info the court ordered released can result in dismissal of case even if the prosecutor fails to name a witness due to fear they will be killed can be dismissed bc a prosecutor said info did not exist when the police had it (even if prosecutor did not know) 2-8 Plea Bargaining Done before charges are filed charge bargaining After charges filed plea bargaining (90%) Either side may initiate Factors: Strength or weakness of the evidence Police reports Believability of witnesses Difference in sentencing Mitigating circumstances Possibility of dismissal due to lack of speedy trial (Court calendar full) SC has set following guidelines: 1. defendant must have an atty present during plea bargaining if s/he would have the right to one at trial on the same charges 2. there must be no threats or promises in the plea bargaining process prior to accepting the plea, judge will determine if the defendant' rights have been protected defendant usually has the right to withdraw plea if judge does not honor agreement made by prosecutor 2-9 The Trial Relatively rare In most states, follow the same process Meridith Spencer Page 4 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure Jury Selection 6th A guarantees the right to a speedy trial by a jury of one's peers in a criminal case SC says only for those facing more than 6 mths in jail Defendant and prosecutor has right to demand a jury Case may be heard by a judge only if both sides agree Historically juries in US have been 12 ppl SC ruled minimum is 6 state can set amt Jury of peers = cross section of adult population Initial stages of jury selection occur with jury commissioner traditionally used voter rolls master list have been enlarged to cover greater portion of population (license info) Randomly select those called for duty there are legal reasons to be excused Length of service varies (MA has 1 day or 1 trial) Prospective jurors take an oath to answer q's truthfully (voir dire) Can challenge for cause or use preemptory challenge Can exclude solely on the basis or race or gender Alternates are selected last Once selected they take an oath jeopardy attaches at this point Trial officially starts when they jury is given the oath Not allowed to discuss the case with anyone Can be sequestered if this is the best way to protect them from outside influence Opening Statements Speech the atty makes to the jury it is not evidence Only evidence given at trial under oath by witnesses can be considered by the jury when they decide the case Purpose is to introduce the case to the jury tell them the facts of the case and the role of the jury in deciding guilt or innocence Helps jurors in fitting the pieces of the puzzle together Opening statements are optional (usually not done in cases w/o jury) Prosecutor will normally do this after jury is sworn in and charges are read Defense can: 1. go after prosecutor 2. after prosecutor has called all its witnesses 3. not give one Prosecution's Case in Chief Must est every element of each crime charged beyond a reasonable doubt Direct examination Limited to things related to the case Q's that suggest the answer are leading and not allowed Meridith Spencer Page 5 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure Argumentative Q's are not allowed Witness is asked specific Q's and is not allowed to answer in story form Tell me what happened narrative form rarely allowed Proper time to object is immediately after Q is asked and before witness answers Contemporaneous Objection Rule Allows judge to rule on Q before they jury hears the witness answer Atty who asked Q has the opportunity to explain why Q should be permitted Sustained or overruled All evidence is introduced via witness testimony laying the foundation 6th A right to confront witnesses means the right to be present when prosecution witnesses testify CCTV has been allowed in child abuse cases to ease the trauma of the victim must clearly show that the physical confrontation would cause severe emotional trauma cross examination limited to the scope of direct and impeachment 1. follow up on statements made during direct 2. ask relevant questions that were not asked during direct 3. show that the witness should not be believed impeachment: 1. show lying by submitting prior statements 2. call witnesses to show person has a reputation for dishonesty 3. prove the witness is biased and may be distorting the facts 4. show a prior felony conviction if a witness is impeached, atty can show why the jury should believe the witness (rehabilitation) redirect rehabilitate a witness, clarify what was said during cross recross clarify info obtained during redirect prosecutor rests when it is satisfied that each element (corpus Delicti) has been established beyond a reasonable doubt Defense's Case in Chief Not required to prove anything At the end of prosecutors case in chief, can make a motion to acquit the defendant Granted only if failed to introduce testimony regarding one or more elements of the crime Does not have to call any witnesses Meridith Spencer Page 6 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure One unique option is character witnesses Good reputation for honesty, integrity and other traits Prosecution can cross and call its own rebuttal witnesses re: character Defense rests after calling all its witnesses Rebuttal and Rejoinder Rebuttal give prosecutor a chance to call witnesses on new issues raised by defense (alibi or character) Judge has power to decide if these witnesses can be called defense may cross examine them Rejoinder calling of witnesses by defense to attack the evidence introduced by the prosecution during rebuttal Prosecution can cross Closing Arguments and Summation Attys may discuss only the evidence actually introduced during trial Last chance to persuade the jurors Prosecution goes first and can often reply to the defense Since prosecution has such heavy burden of proof Jury Instructions Judge will meet with the attys and select applicable jury instructions Statements of law that are read to the jurors to tell them what rules to use Defines important terms and each crime Jury will be told it has the right to decide which witnesses to believe and how important each witness's testimony is Instructions are usually based on the wording of prior court decisions or statutes Jury Deliberations Judge will instruct the jurors on the selection of a jury foreman Must discuss all of the evidence before voting Each charge must be voted on separately Alternates are not present during deliberations if an alternate replaces a juror, deliberations must start over Jurors should discuss the case and consider each other's views Reading of testimony or giving additional instructions will occur in the courtroom with other parties present SC requires unanimous verdict in 6 member juries 9-3, 10-2 and 11-1 If juries are deadlocked hung jury case dismissed Meridith Spencer Page 7 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure Defense can request dismissal of charges if granted, prosecutor can not refile Can refile if charges are not dismissed Verdict When jury reaches a decision, foreman notifies the judge Each charge and corresponding verdict will be read Attys can poll the jury Court clerk will enter the verdict on each charge in the court records 2-10 Sentencing With a guilty verdict, sentencing is the next step Does not occur immediately following the verdict need a pre-sentence investigation report Social history and aggravating/ mitigating circumstances Purpose of sentencing hearing is to determine what sentence should be imposed Probation, fines, jail, prison Both sides have the right to call witnesses Victims may be given the right to make a statement to the judge DP cases are decided by jury At close of sentencing hearing defense often informs judge of an appeal Judge decides if defendant will be out on bail pending appeal Attys can submit evidence that defendant is or is not likely to jump or commit additional crimes if bail is granted 2-11 Appeal Several ways to change a guilty verdict: 1. ask judge to set aside the verdict and grant a new trial or enter an acquittal reasons: 1. jury convicted even though the judge believes no reasonable person could believe s/he was guilty 2. judge realizes there were legal errors that will result in reversal on appeal double jeopardy prevents the prosecution from having the verdict set aside if the jury acquitted the defendant 2. appeal to a higher court &quot;Direct appeal&quot; can be based only on what is included in the record reporter's transcript typed verbatim record of proceedings clerk's transcript copies of all documents filed with clerk during case must be filed w/in a short time after conviction if the defendant can not afford the transcripts, gov't is required to pay for them Meridith Spencer Page 8 of 9 <a href="/keyword/criminal-evidence/" >criminal evidence</a> and Procedure cases are rarely reversed based on truthfulness of witnesses it is the jury's job to determine this most appeals are based on legal problems Harmless Error Rule allows the conviction to stand unless the court believe that the error had substantial influence on the outcome of the case Defense can appeal on the grounds that the judge improperly sentenced the defendant new sentencing hearing NOT a new trial Right to one appeal immediately after being convicted after this the court has the right to reject further appeals 3. habeus corpus separate civil lawsuit used to challenge illegal confinement filed at any time as long as defendant is still in custody usually the best way to request reversal on the grounds that the defense atty at trial was incompetent Meridith Spencer Page 9 of 9