Criminal Procedure
Criminal procedure is the body of rules that govern how governments prosecute people for crimes.
- procedural rules make sure that criminal defendants receive due process
- Due process means that a defendant in a criminal case is entitled to a fair and consistent process within the courts
- Most criminal procedure principles stem from the U.S. Constitution
- some procedural rules are unique to each jurisdiction
- process can be different depending upon whether the crime committed is a misdemeanor or felony
Procedure
- A criminal case begins when a law enforcement agency begins an investigation
- When law enforcement officers complete their investigation, they send the case to the prosecutor
- prosecutor then reviews the case and decides whether to bring charges against the person that law enforcement identified as the perpetrator of the crime
- If a prosecutor decides to charge a person with a crime, he or she must file a written document in court to start the criminal process
- in some states, a prosecutor may file a document called an information
- specifies the charges against the perpetrator of the crime
- In other states, defendants have a right to a grand jury indictment
- grand jury is a panel of citizens who hear evidence presented by a prosecutor
- determines if there is enough evidence to bring a person to trial for a crime
- issues an indictment if it determines that the evidence is sufficient
- An indictment is the formal written criminal charges issued by a grand jury
- grand jury is a panel of citizens who hear evidence presented by a prosecutor
- in some states, a prosecutor may file a document called an information
- next step in the criminal process is the initial hearing
- aka arraignment
- begins the formal court process
- At this hearing, a court must:
- Inform the defendant about the charges
- Advise the defendant about his or her legal and constitutional rights
- defendant must enter a response to the charges, called a plea
- guilty
- not guilty
- nolo contendere (plea of no contest)
- “i do not wish to contend”
- is not a guilty plea, but has the same effect as one
- If plead guilty
- court will set a date to sentence the defendant
- If plead not-guilty
- court sets the case for trial
- U.S. Constitution guarantees criminal defendants the right to a trial by jury
- Article III of the Constitution guarantees this right
- Sixth Amendment to the Constitution clarifies the scope of the right
- Under the Sixth Amendment, criminal defendants are entitled to a court-appointed attorney if they cannot afford one on their own
- grant this only when a defendant faces a prison sentence
- Under the Sixth Amendment, criminal defendants are entitled to a court-appointed attorney if they cannot afford one on their own
- After the arraignment, the prosecution and the defendant’s attorneys will begin the discovery process
- Discovery is the process where the government gives the defendant the evidence that it plans to use in the defendant’s trial
- government must disclose:
- Any deals that the prosecution made with a witness (Giglio v. United States)
- Any evidence it has that might help prove the defendant’s innocence (Brady v. Maryland)
- court can dismiss the case if the prosecution fails to comply with the rules
- If a criminal case goes to trial,
- government bears the burden of proving that the defendant violated the law
- must prove the defendant’s guilt beyond a reasonable doubt
- highest burden of proof that a prosecutor must meet
- means that a juror must be fully satisfied that the prosecution has eliminated any reasonable doubts about the defendant’s guilt
- criminal case ends when a jury decides that a defendant is innocent, guilty, or cannot reach a decision
- hung jury is a jury that is unable to reach a decision because the jurors disagree
- court will declare a mistrial if the jury cannot reach a decision
- may decide to refile the charges and prosecute the defendant again
- defendant who is convicted may appeal
Info
A prosecutor is a government official who represents the government in criminal cases.
- U.S. attorneys are federal prosecutors
- states grant prosecutorial power to county governments
- State prosecuting attorneys might be called:
- district attorneys
- county attorneys
- state’s attorneys
- county prosecutors