Chapter 9: The Criminal Trial

criminal trials

ascertain guilt in those charged with crimes

legal guilt

prosecutor persuades judge or jury defendant is guilty

civil trials

settling disputes between two noncriminal parties

traffic hearings

used to deal with traffic offenses

adjudicate

rendering formal judgment on dispute

bench trial

judge is fact finder instead of jury

jury trial

jury is the fact finder and renders verdict

presentation of opening statements

• prosecutor introduces case to the jury, as well as defense council

• offers a picture of what actually transpired

• not evidence, but predictions of what will be presented

perjury

swearing on a false oath

presentation of evidence

• evidence must be relevant, material, and competent

direct evidence

does not require a fact-finder to draw an inference

circumstantial evidence

requires interpretation of evidence

hearsay

out-of-court statement offered in court to prove truth

hearsay rule

hearsay is inadmissible (unacceptable)

exceptions to hearsay

• dying declaration: final words of a crime witness

• excited utterance: words blurted out under stress/excitement

• reputation concerning character: may testify about social reputation

presentation of closing arguments

summarize evidence and arguments for the jury

rebuttal

prosecutors may receive the last opportunity to speak

judges’s charge to the jury

• judge instructs jury on the legal aspects of reaching a verdict

• charging instructions

  • innocent until proven guilty

  • beyond a reasonable doubt

  • required objectivity

jury deliberation

jury process of determining guilt

sequestered

jury may be isolated to prevent outside influences from affecting the verdict

hung jury

(deadlocked) unable to agree on guilt or innocence of defendant

mistrial

trial ending prior to normal conclusion

Allen charge

additional jury instructions to reduce chances of a mistrial

acquittal

to free someone from criminal charge following a not-guilty verdict

jury nullification

ability of jury to ignore the law and acquit a guilty defendant

exceptions to double jeopardy

• different elements of each crime

• different jurisdictions

• trial in civil and criminal court

reading of the verdict

a formal courtroom event in which the jury offers their verdict on charges

capital case

• premeditated or first degree murder, treason, murder of federal agents, crimes against children

• defendant may face execution if convicted

• prosecutors are required to file a notice of their intent to seek penalty

• attorneys ascertain if prospective jurors are death qualified

• juries more likely to be sequestered

• requires unanimous verdict from the jury

• mandatory appeals process almost always characterizes capital cases

death qualified

suitable to serve on a case in which the punishment might be execution

victim role in criminal trial

• key role during investigation/gathering evidence

• testify, sometimes to aid the healing process

• Officer for Victims of Crime to assist crime victims through funding, leadership, policies, etc

Crime Victims’ Rights Act

established victim rights in federal criminal cases (2004)

victim bill of rights

offers similar rights to crime victims on a state level

victim impact statements

allows the victim to tell the judge how the crime affected the victim; ensures the victim’s right to be heard

proportionality

severity of sentence matches the crime

equity

similar crimes should be punished similarly

social debt

accounts for criminal past in sentencing

5 goals of sentencing

1. retribution

2. incapacitation

3. deterrence

4. rehabilitation

5. restoration

presentence investigation

background info to consider in sentencing

• history or extenuating circumstances

indeterminate sentencing

allowed greater judicial discretion to craft an individualized sentence with emphasis on rehabilitation

• sentenced to a range of years with a stated minimum/maximum

• parole boards make the determination as to when the prisoner is released

• limited parole and good time served

parole board

in indeterminate sentencing, reviews prior acts and behavior to determine when a prisoner is ready for release

unintended consequence

sentencing inequity; coddling criminals incapable of reform

• uncertain nature amounted to cruel and unusual punishment for prisoner

structured sentencing

• sentences given in fixed terms with an anticipated date of release

• more impersonal

• removes offender’s motivation to participate in programs that shorten the sentence

determinate sentencing

established by legislative statute and rules out prison alternatives; increases the likelihood that offenders are imprisoned and increases the length of their sentence

Violent Crime Control and Law Enforcement Act of 1994

requires prisoners to serve at least 85% of their sentence in order for states to qualify for federal financial aid; increased prison population as offending decreases

mandatory minimum

applies minimum sanctions to particular types of crime; doesn’t allow for discretion of alternative sanctions

sentencing guidelines

presented in a form of a grid which identifies the appropriate sentence for the offender based upon the severity of the crime and the offender’s criminal history

Federal Sentencing Guidelines Act of 1984

eliminated federal parole release for prisoners and abolished almost all good time earned; allowed release supervised by US probation office

three-strike laws

example of mandatory minimum mandating long sentences without parole for those convicted of a third felony offense