Covering the Criminal Courts

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Covering the Criminal Courts
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A Forum for Society

• Levels of Jurisdiction
• Watergate started as a burglary, then became a
  federal criminal conspiracy trial, then a civil
  action when Democrats sued the presidents
  re-election committee for 1 million.
• The Nature of Crime
• Crime A forbidden act

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A Forum for Society

• Kinds of Crime
• Crime against the person
• assault, threats, rape, murder, abduction
• Crime against property
• Larceny, theft, robbery, embezzlement, false
  pretenses, malicious mischief
• Crime against the habitation
• arson, burglary, vandalism

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A Forum for Society

• Kinds of Crime
• Crime against the public peace
• acts against morality and decency, adultery,
  bigamy, incest, prostitution, gambling,
  obscenity, indecency and contributing to the
  delinquency of a minor
• Crime against authority
• obstruction of justice, interference with a
  police officer, resisting arrest, breaking out of
  prison, withholding evidence, perjury and bribery

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A Forum for Society

• Rights of the Accused
• Notice of the nature and cause of the accusation
• Have the assistance of counsel
• Reasonable bail, as determined by law
• Fair, speedy trial by impartial jury
• Refuse to testify against himself
• Confront and examine accusers
• Be tried only once for the same crime

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Arrest, Accusation and Pleading

• Booking a Suspect
• May be jailed and arraigned
• Entering a plea
• Guilty, Innocent (not guilty), nolo contendere,
  insanity (not guilty)
• Plea Bargaining
• Not a strong case. Need a witness, insider.
  Strike a deal Avoids some costly trials and
  supports weak evidence.

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Arrest, Accusation and Pleading

• Preliminary Hearings
• Defendant is confronted with the evidence.
  Defendant presents no witnesses.
• Closed preliminary hearing
• Judge may order case to trial or dismiss for
  insufficient evidence.
• Other Routes to Trial
• Information An accusation by a prosecutor of a
  criminal offense.
• Grand Jury

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Arrest, Accusation and Pleading

• The Grand Jury System
• Secret (usually)
• Presentment An accusation presented by the grand
  jury after its own investigation.
• Pretrial Pleading
• Demurrer Challenge to the facts
• Challenge jurisdiction
• Change of venue
• Suppression of evidence

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Criminal Trial

• Officers of the Court
• Judge, court clerk, bailiff, attorneys
• Setting the Stage
• Description of the setting, the principals and
  the drama
• Basic Elements of the Trial
• Jury selected and sworn
• Accusation read, defendant pleads

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Criminal Trial

• Prosecution presents case
• Defense opening statement
• Defense evidence - reasonable doubt?
• Rebuttal evidence
• Summations
• Jury instructed
• Deliberations
• Release or Sentence

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Criminal Trial

• Course of the Trial
• 12 jurors chosen
• Judge may hear the case
• Confession testified admitted and
  acknowledged and described
• Cross-examination
• The Court Record

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Free Press vs. Fair Trial

• Congress shall make no law abridging the
  freedom of speech, or of the press (First
  Amendment)
• In all criminal prosecutions, the accused shall
  enjoy the right to a speedy and public trial, by
  an impartial jury of the state and district
  wherein the crime shall have been committed.
  (Sixth Amendment)

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Secrecy as a Problem

• Domestic Relations
• Product Liability
• Malpractice

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The End