Steps in Pursuing Justice
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Transcript Steps in Pursuing Justice
“We think they did it… now what?”
In general…
crime is committed
suspect identified
information / evidence collected
enough to establish probable cause
arrest warrant issued
reasonable/prudent
person viewing info
would conclude crime
was committed and
suspect did it
So now we come get you…
suspect is booked
basic info, photo, fingerprint
informed of rights
what are your Miranda rights?
arraignment
brought before a judge within 72 hours
enters plea
guilty
not guilty
not guilty by insanity
nolo contendre (no contest)
only criminal cases –
does not deny facts,
but does not admit
any crime – accepts
punishment
How do you plea?
GUILTY
preliminary hearing
no jury
prosecution presents
defense can too
judge passes sentence
NOT GUILTY
NOT GUILTY BY
INSANITY
preliminary hearing
no jury
judge decides if there
is enough evidence to
stand trial
if so, sets trial date
determines bail
could be released O.R.
very specific
procedures
defendant has to prove
convincing evidence that
at the time of the offense
they were unable to
appreciate the nature of
the crime
plea removes intent
Remember… innocent till proven guilty – burden of proof is on prosecution!
What makes that jury so grand?
used instead of a preliminary hearing
more serious crimes
often in the case of a felony
made up of 16-23 citizens
they will determine if there is enough to go to trial
only prosecutor presents
no cross-examination allowed
decides by majority vote
formally charged? Indicted – trial date will be set
Types of crimes (violations):
FELONY
MISDEMEANOR
INFRACTION
serious crimes
stiffer penalties and/or
heavy fines
tried in district close
to where crime was
committed
prelim can determine
if case needs to be
moved
arson, rape, burglary,
homicide, assault
punishable by no more
than one year in jail
heard by closest
district court
community service
may be part of sentence
drunk driving,
vandalism, shoplifting,
trespassing, prostitution
minor offense or petty
crime
penalty often just a
fine
jaywalking, traffic
violations, littering
So what do they have on you?
There are actual rules as to what can be classified as
evidence…
must be relevant
must prove something (probative)
must address the issue of the crime (material)
person who presents must be competent and
believable
(Hearsay not admissible in criminal court – only civil.
It is not considered reliable since it is not taken under
oath, nor subject to cross-examination)
How do they prove it?
Remember the Frye standard…
result of Frye v. United States, 1923
commonly called the “general acceptance” test
scientific evidence is admissible at trial only if the scientific principle has
sufficiently gained acceptance in the scientific community
after presentation by the expert witness, the jury decides if the evidence
has any significance
applies only to “new” or “novel” methodologies
Another factor is the Daubert ruling…
result of Daubert v. Merrell Dow Pharm, 1993
court stated that the Frye standard was not the only rule for admitting
scientific evidence
applies only to federal courts – trial judge assumes responsibility
endorses the classical scientific method