Chp 8-9 Marist CRJ101

adversarial system

the justice system is considered adversarial because the CJS believes both sides are meaningful, there are two sides to each story

prosecutor

represents the GOV/the people, and decide how to pursue charges, pleas, there to seek justice

defense

protect the constitutional rights of the accused;

challenges the governments case, Challenge evidence, witnesses, procedures, and legal theories

Negotiate pleas and advise the defendant

Represent the client even if the public assumes guilt

Judge

control the court room, rules on law instructs jury, decided sentence

Jury

fact finder in a trial, evaluates evidence, returns the verdict

defendant

person accused of the crime; presumed innocent unless proven guilty

victim

provides evidence, testimony, and perspectives; may have rights in the pre-trial and sentencing stages

stages of a crime

1. crime

2. investigation

3. arrest

4. charging

5. bail/release

6. preliminary hearing & grand jury

7. arraignment

prosecution discretion

the power to choose among options, can be influenced by media

• file charges, decline offers, reduce charge, add charge, plea, dismiss case

discovery

the process where the defense learns what evidence the prosecution has, makes trial preparations and fairness possible.

• reports, statements, tests, etc

Brady Principle

the government must disclose favorable evidence(exculpatory evidence) to the defense, withholding this evidence undermine the fairness of the case

exculpatory evidence

it can point away from guilt or reduce punishment

unequal access to defense

Some defendants hire private attorneys; many use public defenders or court-appointed counsel

Defense quality can be affected by caseloads, time, investigation resources, and expert witnesses

private vs public

public may know the local court better but will likely have a larger workload compared to private

police investigations

interviews witnesses, gather evidence, identify suspects makes arrest when there’s legal ground

Grand jury

hears evidence before trial, Determines whether there is enough evidence to charge, Does not decide guilt, prosecution centered

petit/ trial jury

Hears evidence at trial, Determines legal guilt or not guilty, Uses beyond a reasonable doubt standard

Bail

It allows an accused person to remain free while the case is pending,

The Eighth Amendment prohibits excessive bail, but does not create an absolute right to bail

Judges may consider flight risk, danger, offense seriousness, community ties, employment, and record Release can include conditions: no contact, travel restrictions, monitoring, or treatment

Preliminary hearing

A judge determines whether probable cause supports the charges, Rules of evidence may be looser than trial If probable cause exists, the case moves forward

Arraignment

Defendant is formally advised of charges

Defendant enters plea: guilty, not guilty, or no contest

Plea negotiations and discovery may already be underway

Plea bargaining

Most criminal cases are resolved by guilty plea(not trial),

A plea bargain may reduce charges, reduce counts, or recommend a sentence

A defendant who pleads guilty waives major trial rights

Judges must ensure pleas are knowing, voluntary, and intelligent

The controversy: pleas can be efficient, but may pressure even innocent people

Pre trial motions

Pretrial litigation often decides what the jury will and will not see

Motion to suppress: asks court to exclude illegally obtained evidence

Motion in limine: asks court to rule on evidence before trial

Change of venue: asks to move trial because local prejudice may prevent fairness

Motion for experts: asks for funding for expert assistance

Scheduling and speedy trial

Courts use scheduling orders to move cases toward trial

Continuances can delay proceedings for preparation, experts, illness, or evidence testing

The Sixth Amendment protects the right to a speedy trial

Defense-requested delays may not count the same way as prosecution delays

Delay can affect evidence, witnesses, detention, plea pressure, and fairness

The Sixth Amendment

receive a fair and balanced trial. It guarantees the right to a speedy and public trial by an impartial jury, the right to legal counsel, and the right to confront and summon witnesses

Jury selection and voir dire

Challenge for cause: removal for a legal reason, such

as bias or conflict

Peremptory challenge

Jurors cannot be excluded because of race, ethnicity, or sex

A fair jury matters because jurors decide facts and credibility

Voir dire

the questioning of potential jurors to identify bias or inability to be fair

Peremptory challenge

limited removal of a potential jury member without a stated legal reason

• no open toed shoes

Factual guilt

Did the person actually commit the act?

This is the question many people focus on in true crime

It may never be perfectly knowable

Legal quilt

Did the government prove every legal element beyond a reasonable doubt?

Determined through rules of evidence and procedure

A trial decides legal guilt, not metaphysical truth

general sequence of a criminal trial

1. Jury selection

2. openings

3. state evidence defense case

4. closing

5. jury charge

6. deliberate

7. verdict

Bench trial

Judge acts as fact-finder

May be faster or useful in technical cases

Defendant must waive jury trial knowingly and voluntarily

Government and court may need to consent

Jury Trial

Jury acts as fact-finder

Jurors evaluate evidence and credibility

Central protection in serious criminal cases

Community judgment is part of legitimacy

opening statements

Tell the jury what each side expects the evidence to show

Not evidence actually showing evidence

Usually organized around a theory of the case

• “the evidence will show”

closing arguments

Summarize evidence after it has been presented

Explain why the evidence proves or fails to prove guilt

No new evidence may be introduced

• “the evidence has shown”

Burden of proof

The prosecution has the burden of proof

The defendant is presumed innocent and doesn’t have to prove innocence

The defendant does not have to testify

Beyond a reasonable doubt is the highest burden in law

How evidence is evaluated

Relevant: tends to prove or disprove something important

Material: relates to a fact actually in dispute

Reliable / competent: trustworthy enough to be considered

Evidence can be physical, testimonial, forensic, digital, documentary, or circumstantial

Strong analysis explains both what evidence proves

and what it does not prove

Direct evidence

Requires no inference on the key point

Example: video showing the act

Example: witness says “I saw it happen”

Can still be unreliable if perception or honesty is weak

Circumstantial evidence

Requires an inference

Example: motive, opportunity, behavior, forensic patterns

Not automatically weak

Can legally support conviction if strong enough

confessions as evidence

not automatically truth

A confession can be powerful to jurors because it sounds like direct admission But false confessions happen, especially with youth, exhaustion, fear, intellectual limitations, or coercive tactics

Courts may examine voluntariness and whether constitutional rights were protected

hearsay

an out-of-court statement offered to prove the truth of what it asserts

The general rule excludes hearsay because memory, perception, and retelling can be unreliable

There are many exceptions, such as excited utterance or dying declaration

Prosecution theory

What happened?

Who did it?

What evidence proves each element?

Why should the jury trust the government’s version?

Defense theory

What is wrong with the government’s proof?

Is there reasonable doubt?

Were rights violated?

Is there an alternative explanation?

Guilty/ Conviction

Government proved the charges beyond a reasonable doubt

Judge enters judgment of conviction

Case moves to sentencing

Not guilty / acquittal / hung jury

Not guilty means the legal burden was not met

Acquittal generally bars retrial by the same sovereign

Hung jury(not unanimous) may lead to mistrial and possible retrial

Sentencing

a criminal sanction after legal guilt

include: prison, jail, probation, fines, restitution, treatment, community service, or supervision

Judges may rely on statutes, sentencing guidelines, presentence reports, victim input, and legal arguments

it expresses what the system thinks the crime and the person deserve

what affect sentencing (mitigation)

Youth, trauma, mental health, mitigation

mitigation; Mitigation does not erase harm, but may reduce

culpability or change the appropriate sentence

Reentry

Reentry can involve housing, employment, education, mental health care, supervision, and stigma

Barriers after release can undermine public safety and justice

Wrongful conviction and exoneration

wrongful conviction expose failures in evidence, procedure, bias, defense resources, and oversight

Exoneration does not automatically restore lost years, reputation, health, or trust

Civil settlements may compensate but cannot fully repair harm

Reforms should target the failure mechanism, not merely express sympathy