Criminal Procedure

-adversarial nature

Prosecution-Defense

State v. defendant

-misdemeanor:A minor crime, punishable by a fine or a light jail term. Common misdemeanors, such as traffic violations, are usually dealt with informally, without a trial

-felonyan offense, as murder or burglary, of graver character than those called misdemeanors, esp. those commonly punished in the U.S. by imprisonment for more than a year.

Arrest

-Rights Read

-Booked & Charged with crime

-Attorney contacted

Preliminary Hearing

-Charges are read

-Bail can be issued

Indictment

-A Grand Jury decides if formal charges will be filed

Arraignment

-Suspect will plead innocent or guilty

-Trial Date is set

-Court Docket: court calendar: often time the date is set for months later

Plea Bargaining

-Some suspects plead guilty before a trial if they are given a lighter punishment

Trial

-(Petit)Jury is selected 12 people

-Opening Statements: a lawyers chance to introduce the facts of the case

-Prosecution’s evidence: the state always goes first because they have the burden of proof

Trial

-Cross-Examination: the interrogation of a witness called by one's opponent

-Defense’s Case: they go after the prosecution and try to discredit the evidence

-Closing Statements: The layers last chance to summarize the facts of the case

-Jury Instructions: must not talk to public, and find defendant guilty beyond a reasonable doubt

Personal Testimony and VerdictPersonal Testimony and Verdict

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Closing Argument ClipsClosing Argument Clips

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Jury

-Follow Instructions given by the judge

-Elect a Foreperson

-Must make unanimous decision: all jurors have to agree

-Hung Jury: what happens if all the jurors do not agree, results in a mistrial

Verdict

-Must be unanimous decision

-Jury may be polled

-Jury issues verdict (their decision)

-Guilty or Not-guilty (acquittal)

-Judge issues sentence: the punishment

From Cross Examination to From Cross Examination to SentencingSentencing

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Juveniles

-Court System treats youth offenders very differently

-A Juvenile is someone considered underage

-Usually 16 to 18

16 in NC

Juvenile Delinquency

-Juvenile Delinquents are youths who have broken the law

-Should youth offenders be treated differently???

Juvenile Courts

-Goal of Juvenile Courts

To deter juveniles from future criminal acts and rehabilitate them to make them better

-Cases deal with neglect by parents, abuse, or delinquency

Juvenile HearingJuvenile Hearing

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Juvenile Arrest

-Juveniles are handled differently when arrested

-Parents notified

-Usually released to parents

-Court date is set

Juvenile Court

-Private Court Room setting

-No jury trial

-More of a hearing than a trial

-Attorneys may be used if no desired

Juvenile Protections

-Identity is secret and private

-Juvenile records are sealed at age 18

-Usually Lighter punishments

Juvenile Punishments

-Lectures

-Reformatory Schools

-Foster Care

-Institutional Placement

-Probation

-Community Service

ParoleParole

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