the anatomy of a criminal case
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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

The Anatomy of a Criminal Case

Government – Libertyville HS

initial proceedings
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
federal grand jury
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…
  • 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…

  • 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
us district court trial
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
us district court trial1
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)
us district court trial2
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
us district court trial3
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%)
us district court trial4
US District Court Trial
  • If a person is found guilty, then he / she has a right to an appeal
us circuit court of appeals
US Circuit Court of Appeals
    • 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
us circuit court of appeals1
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
us circuit court of appeals2
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
us circuit court of appeals3
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
us supreme court
US Supreme Court
  • 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
  • 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
  • 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