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Rights of the Accused /
Steps in the Criminal Justice
Process
Chapter 20
Reasons for Protection
“It is better that ten guilty persons go free
than that one innocent person be
punished.”
Principles of the American
Legal System
Society must punish criminals in order to
preserve itself, but…
“the law intends that any person who is
suspected or accused of a crime must be
presumed innocent until proven guilty by
fair and lawful means.”
Definitions:
Writ of habeas corpus – a court order which
prevents unjust arrests and imprisonments
Bill of attainder – a legislative act that inflicts
punishment without a court trial
Ex post facto law – a law applied to an act
committed before its passage
Steps in the
Criminal Justice Process
1. Suspect is arrested – w/ probable cause
or a warrant
(Miranda warnings / if necessary)
2. Suspect is booked
- Formal record of arrest at jail (picture,
fingerprints, background check, etc.)
Steps in the
Criminal Justice Process
3. Initial Appearance
- Suspect goes before a magistrate judge
(within 48 hours if there was no arrest
warrant; within 72 hours if there was an
arrest warrant)
- At this point, the suspect is told what he is
charged with, advised of due process rights,
bail is set, and advised of the process for
obtaining an attorney (public defender if
necessary)
- If suspect can’t post bail, he will remain in
jail (or possibly be given a signature bond)
Steps in the
Criminal Justice Process
4. Preliminary hearing – for misdemeanors
only – District Attorney / Prosecutor gives
a brief overview of the circumstances of
the arrest / charges so that the judge can
determine if there is probable cause to
continue the process
5. Indictment – for felonies only – (Grand
Jury)
Indictment
A formal complaint that the prosecutor presents
to a grand jury / for felonies only
District Attorney / Prosecutor gives a brief
overview of the circumstances of the arrest /
charges so that a Grand Jury can determine
whether there is reason to indict (formally
charge) the suspect of a felony.
Most criminal charges are not brought by
indictment, rather by an information, or an
affidavit in which the prosecutor swears there is
enough evidence to justify a trial.
Grand Jury
The formal device by which a person can be
accused of a serious crime.
Returns a “true bill of indictment” if they find
there is enough evidence for case to proceed. If
no such finding is made, the charge(s) are
dropped.
This step of the criminal justice process is not a
trial, rather a protection against overzealous
prosecutors.
5th Amendment’s Grand Jury
Provision
The only part of the Bill of Rights relating
to criminal prosecution that the Supreme
Court has not brought within the coverage
of the 14th Amendment’s Due Process
Clause.
Steps in the
Criminal Justice Process
6. Arraignment – the suspect (and attorney)
go before a judge to enter a plea (guilty,
not guilty, or nolo contendere).
Oftentimes, a plea bargain is made at this
point – the prosecutor and defendant may
make a deal in order to get the suspect to
enter a guilty plea.
Steps in the
Criminal Justice Process
Discovery (Information) – the prosecuting
attorney and the defense attorney meet to
exchange lists of names of possible witnesses
and physical evidence that may be used in
court during the trial.
8. (Pre-trial) Motions – both attorneys meet
before the judge to file any motions such as
change of venue (post-pone the trial), or a
motion to suppress (not allow) certain
evidence or witnesses to be used in the trial
7.
Steps in the
Criminal Justice Process
9. Trial:
A. Voir dire – jury selection process / removal
for cause and peremptory challenges
B. Opening statements – each attorney
(prosecution followed by defense)
C. Prosecution presents case
-
Each witness is called up for direct examination
(by prosecution), cross examination (by
defense), and possible recross and redirect
Terms: Petit Jury or Trial Jury, Subpoena
Steps in the
Criminal Justice Process
9. Trial: (con’t)
D. After prosecution rests, the defense attorney
may call for a directed verdict (asking the judge
to acquit the defendant right then – rarely
happens)
E. Defense presents case
- Each witness is called up for direct
examination (by defense), cross (by
prosecution), and possible recross and
redirect
Steps in the
Criminal Justice Process
9. Trial: (con’t)
F. After defense rests, both sides give their closing
arguments / statements (prosecution, defense, then
prosecution may give a rebuttal)
G. Charge to the jury – the judge explains to the jury
what their options are and how the law applies to this
particular case
H. Jury Deliberations – in MOST cases, the jury must
decide UNANIMOUSLY, that the suspect is either guilty
(beyond a reasonable doubt) or not guilty; if the jury
cannot reach a verdict, the judge may declare a hung
jury and the process would begin all over again
Steps in the
Criminal Justice Process
9. Trial: (con’t)
I. Verdict is announced
J. Sentencing (may be postponed – possible separate
sentencing hearing – especially in death penalty cases)
- If guilty, judge determines sentence based on
guidelines provided by the government (options include
various combinations of prison, probation, fines,
community service, restitution, etc.)
- If it’s a death penalty case, the jury decides whether the
defendant should get the death penalty (must be
unanimous in MOST cases) or life in prison (with or
without the chance for parole)
5th Amendment
Double Jeopardy – no person can be “twice put in
jeopardy of life or limb” / once a person has
been tried for a crime, he cannot be tried again
for the same crime. In a trial in which no verdict is
reached, there is no jeopardy.
Self-Incrimination – no person can be “compelled
in any criminal case to be a witness against
himself”
**the burden of proof is always on the prosecution
6th Amendment
“In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial.”
Speedy Trial – within a reasonable time and
without undue delay
Public Trial – held in public view (can have
limitations)
Trial by Jury – right to trial by an impartial jury
(most cases do not involve jury trials)
Right to an attorney – every person accused of a
crime has the right to the best possible defense
the circumstances will allow
Miranda Warnings
1.
2.
3.
4.
You have the right to remain silent.
Anything you say can and will be used against you in a
court of law.
You have the right to an attorney and to have your
attorney present while you are being questioned.
If you want an attorney and cannot afford one, one will
be appointed for you before any questioning.
Waiver
1. Do you understand each of these rights as explained?
2. Understanding these rights, do you wish to make a
statement?
8th Amendment
The 8th Amendment addresses the issue
of punishment for crime. It bans
excessive bail and cruel and unusual
punishment.
Bail – sum of money that the accused may
be required to post (deposit with the court)
as a guarantee that he will appear in court
at the proper time
8th Amendment
Preventive detention – a judge can order a
person accused of a crime held without
bail when there is good reason to believe
the person poses a danger to society
Capital Punishment – death penalty / hotly
debated topic, but the Supreme Court has
ruled that it is not cruel and unusual