CRIMINAL PROCEDURE

Question 1

BACKGROUND

Answer 1

Criminal law concerns the system of legal rules that define what conduct is classified as a crime and how the government may process individuals that commit crimes.

Question 2

TYPES OF PUNISHMENT

Answer 2

1. Fines
2. Probation
3. Imprisonment
4. Death

Question 3

Definition of Crime

Answer 3

A crime is any act or omission of an act in violation of a law forbidding or commanding it.

Question 4

Crime Classification

Answer 4

Misdemeanor: IS A CRIME Punishable by less than 12 months in jail (e.g., fines, community service).

Felony: is a serious crime Punishable by more than a year in prison or by death (e.g., murder, rape).

Question 5

Key Elements of a Crime

Answer 5

Actus Reus: The physical act of the crime.

Mens Rea: The mental intent to commit the crime (knowingly, recklessly).

Question 6

Arrest Types

Answer 6

Warrantless Arrest: Allowed if there’s probable cause and exigent circumstances at the time of the arrest (e.g., preventing escape, preserving evidence).

Arrest Warrant: Issued by a judge based on probable cause, protects against unlawful arrests (4th Amendment).

Search Warrant: is a warrant issued by a judge or magistrate authorizing a police officer to search a specified place for evidence even without the occupant’ s consent.

Question 7

Complaint

Answer 7

Written document requesting a court to exercise its power to punish someone that conducted an illegal activity.

A formal accusation of criminal activity.

Question 8

STEPS IN THE FEDERAL CRIMINAL PROCESS
(11)

Answer 8

1. Investigation

Federal agencies (FBI, DEA, ATF, USSS, DHS/HSI) collect evidence and may use warrants based on probable cause. This includes direct and circumstantial evidence to determine if a case should go to a grand jury.

2. Charging

The prosecutor presents the case to a grand jury, which votes on whether there is enough evidence to indict the defendant. If indicted, the defendant is formally notified of the charges.

3. Initial Hearing / Arraignment

The defendant appears before a judge to understand the charges, arrange legal representation, and determine bail eligibility. The judge assesses the defendant’s risk to the community and decides on custody or release. The defendant then enters a plea.

4. Discovery

Before trial, both parties gather evidence and interview witnesses. Prosecutors are required to share all relevant materials, including evidence that may favor the defendant, to ensure fair preparation and prevent surprises during the trial.

5. Plea Bargaining

The government may offer a plea deal to avoid trial if they have a strong case. The defendant admits guilt in court, and the judge ultimately decides the sentence. After a guilty plea, preparation for sentencing begins.

6. Preliminary Hearing

A preliminary hearing follows a not guilty plea to determine if there’s enough evidence to charge the defendant. If probable cause is found, a trial is scheduled; if not, charges are dismissed.

7. Pre-Trial Motions

Before trial, parties file motions to request court decisions on specific issues. Common motions include: motion to dismiss, motion to suppress, morion for change of venue.
Judges decide the outcomes of these motions.

8. Trial

In a trial, the prosecutor and defense present their cases to a jury, including witness testimonies and evidence. After closing arguments, the jury deliberates and reaches a unanimous verdict, determining the defendant’s guilt or innocence.

9. Post-Trial Motions

Post-trial motions are filed after a conviction, allowing for potential changes to the verdict or sentence. Common motions include: motion for a new trial, motion for judgment of acquittal, motion to vacate, set aside, or correct a sentence.

10. Sentencing

Sentencing occurs after conviction, where the judge considers guidelines, reports, and factors like remorse. For capital offenses, juries decide on the death penalty, which cannot be given to minors or those intellectually disabled.

11. Appeal

A defendant can appeal a guilty verdict to challenge trial errors. If unsatisfied with the Circuit Court’s decision, the case may reach the U.S. Supreme Court, which selectively reviews appeals.

Question 9

How do you plea to X Charge?

Answer 9

1. Guilty
2. Not guilty
3. Nolo contendere.- Is a way to plea against charges, when you accept the punishment but neither denies nor confirms the charges