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Criminal Procedure

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Title: Criminal Procedure


1
Criminal Procedure
  • PSCI 2481

2
What a criminal case different from a civil
case?
  • A criminal case arises when the government seeks
    to punish an individual for an act classified as
    a crime by a Congress or state legislature. A
    civil case usually involves a dispute over rights
    and duties that individuals and private
    organizations owe to each other.
  • A person convicted of a crime may pay a fine, be
    incarcerated or both. The losing party in a
    civil dispute does not face jail or prison.
    (Although they may have to pay money damages and
    yield goods and property in their possession)
  • The standard of proof differs between criminal
    and civil cases.
  • Criminal defendants are entitled to a trial by
    jury while not all civil actions qualify for jury
    trials.

3
Attorneys in Crime
  • The Prosecutor
  • The prosecutor (as a representative of the
    government), not the victim, initiates and
    controls the case.
  • The Private Defense Attorney
  • Private defense attorneys may work for a fee or
    pro bono.
  • Few become famous (F. Lee Bailey, Johnnie
    Cochrane). Most do not.
  • The Public Defense Attorney
  • In criminal cases, government-paid attorneys
    called public defenders represent defendants
    who cannot afford to pay for their own defense.
  • They resemble ADAs (young and temporary).
  • Overworked and often criticized.

4
Criminal Court Basics I (The Role of the Police)
  1. Incident (The crime occurs)
  2. Allegation (Reported crime identification of
    suspects)
  3. Investigation
  4. Arrest of suspect

5
Criminal Court Basics II
  • Booking of suspect (Bail or Detention)
  • Initial Appearance (Charge/Bail or Detention)
  • Preliminary Hearing (Charge/Bail or Detention)
  • Alternative Grand Jury Investigation
    Indictment

6
Criminal Court Basics III
  • Arraignment (before or after 9)
  • Pre-Trial Activities
  • Discovery
  • Settlement (Plea Bargaining)

7
Prosecutorial Discretion I
  • To Charge
  • Evidential Criteria
  • Probability of conviction
  • Concern with convictability rather than guilt)
  • Unofficial presumption of guilt
  • Pragmatic Criteria
  • Characteristics of crime
  • Characteristics of victim
  • Characteristics of defendant
  • Organizational Criteria
  • Daily interaction with PD
  • Workload

8
Prosecutorial Discretion II
  • To Plea Bargain
  • Implicit Bargaining vs. Explicit Bargaining
  • The Sentence Bargain
  • Variation on a theme The Charge Bargain
  • Number of counts
  • Severity of the crime

9
The Prosecutor Pleas
  • Many pleas to reduced charges are not the result
    of actual bargaining between prosecutor and
    defense council.
  • Prosecutors often decide that the appropriate
    charge should be less than the more serious
    charge levied at arrest.
  • These decisions are often made early in the
    process before the prosecutor meets the defense
    attorney.

10
Plea Bargaining, from the Suspects Perspective
  • Trial
  • E(T) Prob. of Guilty Verdict X Sentence if
    Convicted
  • Negotiate
  • E(P) Prob of Guilt (Admitted) X Sentence
    after Bargain
  • The Decision
  • Plead Guilty if E(T) gt E(P)
  • Go to Trial if E(T) lt E(P)
  • The elements of the decision, esp E(T), are not
    certain. The criminal doesnt know the exact
    probability of losing at trial nor the exact
    sentence he or she will receive if convicted.

11
Plea BargainingIts Critics The Response
  • The Conservative Objection
  • Its just a loophole. It allows criminals to
    beat the system when charges are dropped or
    reduced.
  • The Liberal Objection
  • Its an irrational action that values expediency
    over the merits of the case. It coerces
    defendants to give up their constitutional rights
    against self-incrimination. It causes
    prosecutors to overcharge as a negotiating chip.
  • Reality The Nightmare Scenario
  • Its absolutely necessary. Without plea
    bargaining, the large number of cases would
    overwhelm the system.

12
Typical Case Attrition
  • 100 Arrests
  • 80 Accepted at initial Screening. 20 are
    Rejected (Released w/o further action)
  • 30 more cases are dismissed by the prosecutor or
    court
  • 50 move forward within the criminal justice system

13
The Prevalence of Guilty Pleas
  • The U.S. Constitution guarantees a right to trial
    by jury and protects against self-incriminationbu
    t at least for the last 80 years defendant pleas
    of guilty have been the most common means of
    criminal convictions.
  • Of the 50 cases out of every 100 that the system
    prosecutes, 45 end in guilty pleas while only 5
    result in trial (4 by guilty verdict and 1 by
    acquittal)

14
Total Effect
  • 49 of arrestees are Guilty (45 by plea and 4
    as a result of trial)
  • 51 are ultimately released.

15
Guilty Pleas per Trial
  • Manhattan, NY 24
  • Atlanta, GA 22
  • Golden, CO 18
  • St. Louis, MO 10
  • Salt Lake City, UT 9
  • Tallahassee, FL 7
  • Washington, DC 5
  • New Orleans, LA 4
  • Portland, OR 4

16
Criminal Court Basics IV Trial
17
  • Basically the process is the same as the civil
    trial. The Prosecutor puts on the case first.
    The Defendant responds.
  • Evidence is presented by both sides in the form
    of human testimony and presentation of physical
    evidence.
  • A few basic principles differ

18
The Standard of Proof
  • Beyond a Reasonable Doubt
  • The prosecutor must convince the judge or jury
    that the defendant is guilty beyond a reasonable
    doubt.
  • Doubts about the meaning of evidence are to be
    resolved in favor of the defendant. (This is what
    we mean when we say the defendant is presumed
    innocent until PROVEN guilty.)
  • The most common defense is to argue that the
    prosecutor hasnt met the standard, that
    reasonable doubt remains after the evidence has
    been presented that the defendant committed the
    act that he or she is accused on committing.

19
In contrast, in civil cases the plaintiff must
only prove his or her case by a preponderance of
the evidence
20
Common Defenses I
  • The Presumption of Innocence
  • Self-Defense
  • Who was the aggressor?
  • Was the defendants belief that self-defense
    actions were required reasonable?
  • If so, was the force used by the defendant
    reasonable?
  • Insanity
  • Rarely Used/Rarely Successful
  • Various Definitions of Insanity
  • McNaughten Rule (inability to distinguish right
    from wrong)
  • Irresistable impulse (you know youre wrong but
    mental illness doesnt allow you to control your
    actions)
  • Psychological testing required by prosecutors
    psychiatrist
  • Not guilty by reason of insanity doesnt mean
    free

21
Common Defenses II
  • Influence fo Drugs Alcohol
  • Voluntary intoxication does not excuse criminal
    conduct!
  • Alibi
  • Evidence that the defendant was somewhere other
    than the scene of the crime at the time it was
    committed.
  • Its perfectly legal and reasonable but its use
    as a defense sometimes sounds phony.
  • Entrapment
  • Entrapment occurs when the government induces a
    person to commit a crime and then punishes the
    person for committing it. (ABSCAM)

22
Criminal Court Basics IV
  • An Alternative to Judgment
  • The Sentence
  • Probation
  • Fine
  • Jail
  • Prison
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