• Which of the five types of crimes are shown in the pie chart?

Bell Ringer

The Criminal Justice System

Chapter 20, Section 2

By the end of today’s lesson, you should be able to:

• Describe the steps in criminal court proceedings.

Sequence of Events in the Criminal Justice System

1. Arrest2. Preliminary or Initial Hearing3. Grand Jury 4. Pretrial Motions5. Plea Bargaining or Trial 6. Sentencing

#1 - Arrest

• Arrest: taken into police custody

• To arrest Jack the police must either have:

1. Probable Cause: a good reason to believe that a suspect has committed a crime

2. Warrant: legal paper that is issued by a court giving people permission to make an arrest, seizure, or search

• Miranda rights

#2 – Preliminary or Initial Hearing

• Suspect appears before a judge • Suspect is known as the defendant• Prosecutor convince the judge that there is

enough evidence to continue with the case or the judge will dismiss the case and set the defendant free

• Suspect enters a plea of guilty or not guilty• Bail is set• Bail: money that a defendant gives the court as a

kind of promise that he or she will return for the trial

#3 – Grand Jury

• Constitution requires that in cases involving serious federal crimes (felonies) that a grand jury is used.

• States use grand juries too• Grand Jury is a group of 16-23 citizens that decide

whether there is probable cause to believe a defendant committed the crime.

• If they believe there is probable cause, the grand jury issues an indictment: a formal charge against the accused

• The grand jury does not decide guilt or innocence!• If indicted, the defendant is formally charged at an

arraignment.

#4 – Pretrial Motion

• Evidence hearings• Illegally obtained evidence is thrown out • Admissions of guilt made under duress

or by coercion can’t be used• Defendant must have been notified of

all Miranda rights• If evidence or confessions are thrown

out, the prosecutor may have to drop the charges against the defendant due to lack of sufficient evidence.

#5 – Plea Bargaining

• Most cases never go to trial because of plea bargaining.

• Plea Bargain: accused person pleads guilty but to a lesser charge or lighter sentence

• Defendant gets less time in jail• Government saves the cost of a trial

and is guaranteed some punishment for the defendant

#5 - Trial

• Constitution requires that trials be speedy, public, have a jury, defendant has right to call witnesses, defendant has an attorney, and that the defendant not be required to testify

Trial Sequence

• Jury Selection – both the prosecutor and the defense attorney can eliminate jurors they believe would be biased in some way

• Opening Statements• Witnesses questioned by both

attorneys• Closing Statements• Jury Deliberation• Outcome Announced

Possible Outcomes in a Criminal Trial

• Hung Jury: jury can’t agree on the verdict which results in a mistrial; the accused can be tried again.

• Acquittal: Jury votes not guilty because they were not convinced beyond reasonable doubt that the accused committed the crime

• Guilty Verdict: Sentencing trial will determine the punishment.

#6 - Sentencing

• If the jury rules the defendant is guilty, there will be a sentencing hearing to decide how long the defendant will be punished.

• Law generally sets maximum and minimum sentences for crimes

• Judge can make considerations for age, attitude, and prior criminal record

Penalties for Crime

• Punished more severely for felonies than misdemeanors

• Penalties serves the purpose of punishment the criminal, protecting society, and to keep others from committing the same crime.

• Federal Law has a 3 strikes you’re out sentencing.

Correctional Institutions

• Jails are ran by cities and counties.• Prisons are ran by both the state

and federal government.• Parole: letting an inmate go free to

serve the rest of his or her sentence outside of prison

• Lack of $ for prisons

Comprehension Check

• What is an indictment?• A formal charge against a person

accused of a crime

Comprehension Check

• Why would a defendant plead guilty?

• To get a lighter sentence or lesser charge

Comprehension Check

• What type of cases does the Constitution require a grand jury hear?

• Serious federal crimes

Comprehension Check

• At which step does the judge decide whether to try the defendant?

• Initial Hearing (Preliminary Hearing)

Comprehension Check

• Why do judges set bail?• To ensure the defendant will return

for the trial

Comprehension Check

• What happens if a judge decides that evidence can not be used in a trial?

• The prosecutor might have to drop charges against the accused

Comprehension Check

• What are the requirements for an arrest?

• Probable Cause or a Warrant