“We think they did it… now what?”
In general…
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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…
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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
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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?
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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