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• 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• 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…

Arrest• 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…

Arraignment• 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• 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 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 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 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 Trial

If a person is found guilty, then he / she has a right to an appeal

US Circuit Court of Appeals• NO TRIAL ON APPEAL

• 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 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 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 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• NO TRIAL AT USSC• 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

Statistics

• 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

Statistics• 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