Awaiting Trial

Following the arrest of a suspect, there are several steps that must be followed before he comes to trial. The accused has the right to an attorney throughout this entire process, and to have one appointed to him if he cannot afford one. These steps are for criminal trials in state courts, but are generally applicable to Federal criminal trials as well. Indictment - Upon being arrested, a defendant must be indicted by a grand jury before he or she can be brought to trial. During this grand jury hearing, the defendant is not present. Instead, the prosecutor just lays out his prima facie, or initial case. If the grand jury concludes that this evidence is sufficient to indicate that the defendant PROBABLY did the crime, then they return a "true bill", or indictment. They do not have to be certain beyond a reasonable doubt, just "pretty sure." An indictment is not an indication of guilt. If the grand jury does not return an indictment, the suspect must be released. 2. Arraignment - After a defendant has been indicted, he or she must be arraigned. During this procedure, a plea of "guilty", "not guilty", or "no contest" is entered. If the defendant pleas guilty, (usually as the result of a plea bargain), the judge sets a date for sentencing. If a not guilty is entered, a trial date must be set. No contest means that the defendant does not wish to contest the findings of the court. 3. Bail Hearing - As soon as possible following the indictment, the defendant should receive a formal bail hearing. A tentative bail is set by the judge on the arrest warrant; this gives the defendant an opportunity to contest the bail that is set while he or she awaits trial. To determine bail for a particular suspect, the judge takes into account o Past criminal record o Gravity of current charge(s) o Flight risk o Financial Situation
1.

If the defendant poses little flight risk and the charges are not serious, the judge might release him or her ROR, (Released on Own Recognizance). This means that the defendant is not required to pay bail; the court feels that it is likely that he or she will return to stand trial. In the gravest cases, the judge might refuse bail, thereby forcing the defendant to await trial in jail.

In the interim between the bail hearing and the trial, the only major official proceeding is jury selection.
Facts about Juries

Each year, approximately

3 million people

are called for jury duty in America. Out of those, only about
1.2 million people

actually wind up serving. This discrepancy is due to a variety of reasons:

15-20% of people commit the crime of refusing to respond to a jury summons Others might fall under some of the exemptions from jury service (such as being an attorney, or if jury duty would cause unusual financial hardship) Some people who show up for jury service might not be assigned to a trial Out of those assigned to a trial, some might be excused by an attorney because of possible prejudices or biases

Payment for jury duty on the state level varies according to county. While most of them are around the $5/day mark, federal courts boast $20/day. The cheapest county (for state juries) is in South Carolina, paying only two dollars a day. Compare that to the generous $40/day paid by Massachusettss Middlesex County. Juror pay costs a total of $200 million dollars annually. The rolls of potential jurors come from many sources, including:
o o o

voter registrations driver's licenses tax records

Interestingly enough, approximately 10% of defendants in state courts opt for bench trials , in which no jury is present. In such instances, the judge determines guilt or innocence.
Steps to a Trial 1. Opening Statements

The prosecution and defense attorneys (in that order), are given the opportunity to relate their interpretations of the facts in question to the jury. Little or no mention of the law is allowed during the opening statements.
2. Prosecution Witnesses

The prosecution attempts to meet its unshifting burden of proving the defendant guilty beyond a reasonable doubt by bringing a parade of witnesses to the stand. A witness will either be able to

offer background on the victim and perhaps describe the victim's relationship to the defendant (a family member or friend will usually do this) describe what happened at the crime scene (an eyewitness) detail the course of the investigation (a police officer) testify as to why the evidence is indicative of the defendants guilt (expert witnesses)

Following the prosecution's direct examination of each witness, the defense attorney is given the chance to cross examine. During cross examination, the defense is attempting to damage the credibility of the prosecution witnesses by showing ulterior motives, bias, contradictions in their testimony, and general weaknesses. Sometimes, the defense may not wish to cross examine a particular witness because nothing useful would be gleaned.
3. Motions

Once the prosecution has presented all of its witnesses, the defense files a motion to dismiss the case on the grounds that the prosecution has not presented a proper prima facie case. This is usually an abortive attempt.

4. Defense witnesses

Step two is repeated, except this time with the defense attorney direct-examining the witnesses and the prosecution cross examining them.
5. Closing statements

Reviewing the evidence presented into the record during the case, each side attempts to convince the jury that the law demands a judgment for their side. Usually, the defense speaks first, with the prosecution being the last thing the jury hears.
6. Jury charge

The judge tells the jury the exact law dealing with the charges brought against the defendant, and tells them what questions they must answer to bring back a guilty or not guilty verdict.
7. Deliberations and Verdict Common Objections at Trial

Badgering - on cross examination, not allowing the witness time to answer the question Beyond the scope of personal knowledge - there's no way the witness could know or should be expected to know the answer to the question. Characterization - the witness is stating a generality about someone Hearsay - introducing an out-of-court statement to prove that what was said was, in fact, true Inflammatory - the witness' statement unfairly prejudiced the jury Irrelevent - the question is not pertinent to the defendants guilt or innocence Leading the Witness - on direct examination, asking a question that requires a "yesor-no" answer Not an expert - the question calls for expert testimony that the witness cannot give Opinion - the witness is not qualified to give an opinion on the matter, or should not be giving one.

Prior Bad Acts - crimes that the defendant was not convicted of cannot be mentioned at trial; crimes resulting in convictions can only sometimes be brought up Speculation - the question requires a guess on the part of the witness Ultimate Issue - the question requires a non-expert witness to testify as to the guilt or innocence of the defendant.
Steps to a Homicide Investigation

1. Secure the Scene

The responsibility of the first officer at the scene of a crime is to preserve its integrity until the patrol supervisor can arrive. The supervisor - a sergeant or lieutenant - must ensure that the crime scene is preserved. Responsibilities of patrolmen include surrounding the area with police tape, controlling crowds, and preventing overzealous members of the media from destroying or removing crucial evidence.
2. Find Eyewitnesses

Although eyewitness testimony is not always considered 100% accurate, finding such witnesses is the patrolman's foremost duty once the crime scene is preserved and patrol supervisors arrive on the scene. Patrolman must get the names and addresses of any people in the area, and have them wait to speak with the detectives, upon their arrival.
3. Photograph the Crime Scene

When the detectives arrive, their first job is to photograph the crime scene. Their work is monitored by their own detective supervisors (who are detective sergeants or detective captains). Several photos must be taken of the crime scene: 1. 2. 3. 4. 5. Shots from the 4 different corners of the scene Long distance shots Medium distance shots Close-up shots of the body and any evidence Other relevant details

4. Search for Latent Prints

Fingerprinting at a crime scene is referred to by police officers as searching for latent prints. Only detectives are qualified to dust for prints. Among the most likely targets for fingerprinting are weapons, points of entry or exit, and tabletops. The exact fingerprinting process is described below in greater detail.
5. Gather Evidence

Detectives can be looking for details as subtle as footprints or items as small as clothing fibers, hair strands, blood samples, or paint chips. Such "trace evidence" is manipulated through tweezers and other instruments appropriate for dealing with objects of such minute size or substance. It is then transferred to a slide and sent to a forensics lab for examination. Larger items, such as weapons, are handled only while the officer is wearing gloves and are deposited in a plastic bag. Whenever evidence is gathered, the name of the detective who found and returned it to the police station is carefully recorded. The name of the police officer who received it at the evidence locker at the local or county police station is also noted. This is called the "chain of evidence," and is used to ensure the reliability of evidence at trial.
6. Remove the Body

By this time, the county coroner has arrived. The coroner must make examinations of several things, including the lighting, temperature, humidity, and weather in the area, in order to later establish time of death to a greater degree of accuracy. The body will be taken to the county morgue, where an autopsy is performed, revealing (usually) the cause of death.