Steps in Pursuing Justice

1. Steps in Pursuing Justice “We think they did it… now what?”

2. In general… • crime is committed • suspect identified • information / evidence collected • enough to establish probable cause • arrest warrant issued reasonable/prudent person viewing info would conclude crime was committed and suspect did it

3. So now we come get you… • suspect is booked • basic info, photo, fingerprint • informed of rights • what are your Miranda rights? • brought before a judge within 72 hours • enters plea • guilty • not guilty • not guilty by insanity • nolocontendre(no contest) arraignment only criminal cases – does not deny facts, but does not admit any crime – accepts punishment

4. How do you plea? NOT GUILTY NOT GUILTY BY INSANITY GUILTY • preliminary hearing • no jury • prosecution presents • defense can too • judge passes sentence • preliminary hearing • no jury • judge decides if there is enough evidence to stand trial • if so, sets trial date • determines bail • could be released O.R. • very specific procedures • defendant has to prove convincing evidence that at the time of the offense they were unable to appreciate the nature of the crime • plea removes intent Remember… innocent till proven guilty – burden of proof is on prosecution!

5. What makes that jury so grand? • used instead of a preliminary hearing • often in the case of a felony • made up of 16-23 citizens • they will determine if there is enough to go to trial • only prosecutor presents • no cross-examination allowed • decides by majority vote • formally charged? Indicted – trial date will be set more serious crimes

6. Types of crimes (violations): INFRACTION MISDEMEANOR FELONY • serious crimes • stiffer penalties and/or heavy fines • tried in district close to where crime was committed • prelim can determine if case needs to be moved • arson, rape, burglary, homicide, assault • punishable by no more than one year in jail • heard by closest district court • community service may be part of sentence • drunk driving, vandalism, shoplifting, trespassing, prostitution • minor offense or petty crime • penalty often just a fine • jaywalking, traffic violations, littering

7. So what do they have on you? • There are actual rules as to what can be classified as evidence… • must be relevant • must prove something (probative) • must address the issue of the crime (material) • person who presents must be competent and believable • (Hearsay not admissible in criminal court – only civil. It is not considered reliable since it is not taken under oath, nor subject to cross-examination)

8. How do they prove it? • Remember the Frye standard… • result of Frye v. United States, 1923 • commonly called the “general acceptance” test • scientific evidence is admissible at trial only if the scientific principle has sufficiently gained acceptance in the scientific community • after presentation by the expert witness, the jury decides if the evidence has any significance • applies only to “new” or “novel” methodologies • Another factor is the Daubert ruling… • result of Daubert v. Merrell Dow Pharm, 1993 • court stated that the Frye standard was not the only rule for admitting scientific evidence • applies only to federal courts – trial judge assumes responsibility • endorses the classical scientific method