Crim: Study Notes for Criminal Trial Process

Overview of the Criminal Trial Process

Introduction to Criminal Trials

  • Criminal trials are a key component of the criminal legal system.

  • Focus on the criminal trial process specific to the United States.

Common Types of Trials in the United States

  • Traffic Hearings

    • Definition: These are used to deal with traffic violations and are the most common type of trial in the U.S.

  • Civil Trials

    • Definition: These settle disputes between two private parties not involving criminal misconduct.

    • Examples of civil disputes can include:

    • Divorce

    • Child custody

    • Physical injuries

    • Reputational damage

    • Disputes over money or payment

    • Contract breaches

  • Criminal Trials

    • Definition: Criminal trials seek to ascertain the guilt of defendants charged with crimes.

    • Legal Guilt vs. Factual Guilt:

    • Legal Guilt: Determined by the court based on evidence and charges.

    • Factual Guilt: Refers to whether the defendant actually committed the crime.

    • Legal guilt and factual guilt may not always align, resulting in wrongful convictions.

Wrongful Convictions

  • Definition: When an individual is found legally guilty but did not commit the crime they were convicted of.

  • Contrasting Scenario: Legal acquittals despite factual guilt (e.g., acquitted but later confessing).

  • Double Jeopardy: Legal protection preventing someone from being tried for the same crime twice.

Percentage of Criminal Cases That Go to Trial

  • Only 6% of state-level crimes and 3% of federal-level crimes go to trial.

  • Majority of criminal cases are resolved through plea bargaining.

Adjudication Process

  • Bench Trial vs. Jury Trial:

    • Bench Trial: Verdict determined by a judge only, waiving the right to a jury.

    • Jury Trial: Verdict determined by a jury of peers.

    • Definition of Adjudicate: To render a formal judgment about a disputed matter.

  • Criteria for Bench Trial:

    1. Defendant must waive the right to a jury trial voluntarily and knowingly in writing.

    2. The government (prosecutor) must consent.

    3. The court must approve the waiver.

  • Reasons for Choosing Bench Trial:

    • Faster resolution of proceedings.

    • Complex cases can be better understood by a knowledgeable judge rather than a jury.

    • Additional privacy may be sought in sensitive cases.

Steps of a Criminal Trial

  • Governed by U.S. and state constitutions, statutes, evidence rules, ethical practices, and informal procedures.

1. Opening Statements

  • Purpose: To outline the case to the jury without introducing evidence.

  • Prosecution goes first due to the burden of proof.

  • Defense has the opportunity to rebut assertions made during prosecution's opening statement.

2. Evidence Presentation

  • Evidence must be relevant, material, and competent.

  • Types of evidence:

    • Direct Evidence: Proof presented without inference.

    • Circumstantial Evidence: Requires inference by the jury.

  • Hearsay Evidence: Generally inadmissible, considered unreliable, but has several exceptions (e.g., excited utterance, dying declaration).

3. Cross-Examination

  • Defense cross-examines prosecution witnesses to challenge the evidence presented.

4. Closing Arguments

  • Not mandatory but expected.

  • Prosecution and defense can summarize the evidence and make final appeals to the jury.

  • No new evidence introduced during this stage.

5. Jury Instructions

  • Jurors receive instructions outlining their duties, reminding them of the defendant's presumption of innocence, and defining the burden of proof (i.e., "beyond a reasonable doubt").

6. Jury Deliberation

  • Takes place outside the courtroom; a foreperson is selected.

  • Unanimous verdict is required in federal cases and for six-person juries in state courts.

  • A hung jury leads to mistrial if no agreement is reached.

Mistrials

  • Circumstances leading to mistrial can include:

    • Deadlocked jury

    • Juror misconduct

    • Improper evidence introduction

    • Death or illness of a juror

    • Prosecutorial or judicial misconduct (defendant cannot be retried in cases of prosecutorial misconduct).

Jury Nullification

  • Jurors may acquit a defendant even if they believe them guilty, based on perceived injustices in the law.

Sentencing Principles

  • Proportionality: Severity of the sentence should match the severity of the crime.

  • Equity: Like crimes receive like penalties.

  • Social Debt: Takes prior behavior and criminal history into account.

Goals of Sentencing

  1. Rehabilitation: Aiming to reform the offender.

  2. Retribution: Punishment that is deserved and justified.

  3. Incapacitation: Removing the offender's ability to commit further crimes.

  4. Restoration: Addressing and correcting the harm caused by the crime.

Conclusion

  • Understanding the nuances of criminal trials is essential for grasping the legal process in the United States.