Criminal Trial Process

Events leading up to trial

• criminal act occurs

• crime→police→prosecutor →court→corrections

Necessary elements of a crime

• a law has to be in place

• actus reus or the act (committing something forbidden)

• mens rea or mental element (crime requires intent)

• injury or some result

• a causal relationship between action and injury

arrest and booking (stage 1 of criminal trial process)

• arrest means that a person believes they cannot reasonably leave the situation

• probable cause needed for arrest

• arrest is the individuals first contact with the state

• booking is taking you to the station and getting your demographics

probable cause

legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant

• more than a suspicion but less than the certainty needed for a conviction

appearance before a judge (stage 2)

• can be initial appearance, preliminary hearing, or arraignment, or just determining probable cause

• bail

preliminary hearing or grand jury

• power of the prosecutor is limited here

• grand jury (5th amendment)

grand jury

group of citizens (typically 16-23) who determine whether there is enough evidence to charge someone with a crime, acting as an investigatory body to decide if a case warrants prosecution and indictment

arraignment (stage 3)

• usually the initial appearance before a judge

• plea deal can happen here

• nolo contendere

• Alford plea

nolo contendere (no contest)

like a guilty plea but defendant doesn’t admit to purposefully committing a crime (doesn’t admit guilt but takes the punishment)

Alford plea

a defendant pleads guilty to a crime while still maintaining their innocence

other hearings

motions to exclude evidence, mental fitness tests

plea bargain

an agreement between a defendant and a prosecutor to resolve a criminal case before trial

prosecutorial discretion

• the prosecutor’s power to decide which cases go forward to trial and which cases to drop depending on evidence available and possibility of conviction

voir dire

jury selection

why someone would get striked from jury selection

• they are biased or there’s a conflict of interest

• peremptory challenge- excuse a juror bc you have a bad gut feeling about them

opening statement (criminal trial)

• each case outlines their goals, the evidence they are planning on introducing, and clarify the charges they are presenting

criminal trial layout

• opening statements

• prosecution case in chief

  • prosecution direct examines witnesses and defense can cross

• defense case in chief

  • defense direct examines witnesses and pros can cross

• closing arguments

jury decision

• guilty

• not guilty

• hung jury

4 theories of sentencing

• retribution

• incapacitation

• deterrence

• rehabilitation

retribution

1. Offender deserves punishment and they must pay back a wrong that they did to society. The severity of a crime should be matched with their punishment 

2. Eye for an eye 

3. Focuses on fixing a past wrong and on the offender

incapacitation

• incapacitate criminals by locking them

• Attempts to remove a threat from society by limiting the convicted to seeing society 

• Future oriented  

• Ex. life with no parole 

deterrence

• punishment is a warning to others

• If people know what a punishment is, they will refrain from committing a crime 

• Focused on the future and others 

• A weakness of this theory assumes that criminals are rational and ignores that lots of crimes are heat of the moment 

rehabilitation

1. Attempts of provide an opportunity for the convicted to return back to society 

sentencing options

• incarceration (jail or prison)

• pay a fine

• community service

• probation (house arrest)

• parole

probation

a criminal sentence that allows an offender to serve time in the community instead of in jail

• judge sets terms and conditions

• checklist of things to complete

• window of time to complete

• ex. pay a fine, community service, house arrest, restrict travel, drug testing

arrest (guaranteed rights)

4th amendment, 5th amendment (self-incrimination)

initial appearance (guaranteed rights)

6th amendment, 8th amendment (bail)

grand jury (guaranteed rights)

5th amendment

arraignment

6th (know charges)

evidence

4th and 5th (against self incrimination)

preponderance of the evidence

burden of proof in a civil trial (more likely than not)

clear and convincing evidence

• used in some civil trials

• insanity defense- criminal cases

beyond a reasonable doubt

burden of proof in criminal cases where evidence is so convincing that no reasonable person could have any doubts about the defendant’s guilt

civil trials process layout

• pretrial motions

• discovery and pretrial conferences (depositions, interrogatories, stipulations, production of documents)

• jury or bench trial

• openings

• Each side presents case

• closings

Differences between a criminal and a civil trials

• goal of actors are different

• not right to an attorney in a civil case

• government brings case in criminal and private party in civil

• rules of evidence (disclosure vs discovery)

• (lack of) speedy trial

• # of jurors

• civil and criminal trial outcomes

  • different rules of evidence and burden of proof

compensatory damages

monetary payments given to people who have been harmed by another person's actions. They are also known as actual damages

punitive damages

awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.

jury vs bench trial

in a bench trial, the judge renders the verdict, while in a jury trial, it is a group of jurors who decide the case