Gavin Howe
Criminal cases involve the enforcement of public codes of behaviour as outlined in state laws. They are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency. The U.S. Attorney represents the United States in court proceedings, including all criminal prosecutions. Criminal cases are distinct from civil cases, which involve conflicts between individuals or institutions and usually centre around monetary disputes. In criminal cases, the government prosecutes individuals accused of violating the law, and punishments can range from fines to imprisonment. Criminal case law refers to past court decisions that serve as precedents, guiding the interpretation of the law in subsequent similar cases and ensuring consistency in the legal system. Attorneys can analyse these precedents to inform their legal strategies.
| Characteristics | Values |
|---|---|
| Initiator of criminal cases | Government |
| Prosecutor | U.S. Attorney (in federal cases) or Crown Prosecution Service (in UK cases) |
| Defendant | Person charged with a crime |
| Standard of proof | Beyond a reasonable doubt |
| Burden of proof | On the government/prosecution |
| Verdict | Guilty or not guilty |
| Sentencing | Imprisonment, fines, community service, probation, restitution to victims, etc. |
| Appeals | Defendant can appeal against conviction or sentence |
| Case law | Used to interpret criminal law statutes and challenge/distinguish precedents |
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What You'll Learn
Criminal case law precedents
Criminal cases are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency. Criminal cases differ from civil cases in that they involve the enforcement of public codes of behaviour as outlined in state laws. The government prosecutes individuals accused of violating these laws, and punishments can include monetary fines, community service, probation, and imprisonment.
In a criminal case, the action is brought in the name of the state as "plaintiff" against the person charged with a crime, who is called the "defendant". The defendant is brought before the court either by an Indictment or an "Information". If the defendant admits the charge, they enter a plea of "guilty"; if they deny the charge, a plea of "not guilty" is entered. The jury then decides whether the defendant is guilty or not guilty of the offenses with which they are charged.
The standard of proof in a criminal trial is higher than in a civil trial. The defendant must be found guilty "beyond a reasonable doubt", meaning the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. If a defendant is found not guilty, they are released, and the government may not appeal. If found guilty, the judge determines the defendant's sentence, which may include prison time, fines, and restitution to the victim.
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Criminal case proceedings
Criminal cases are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency. Allegations of criminal behaviour should be brought to the attention of local police, the FBI, or another appropriate law enforcement agency. The U.S. Attorney, or prosecutor, represents the United States in most court proceedings, including all criminal prosecutions.
The first step in a criminal case is the arraignment, where the defendant is assigned an attorney if they cannot afford one. The criminal complaint is read in court, informing the defendant of the charges against them. The defendant then enters a plea of guilty or not guilty. If the defendant pleads guilty, the case proceeds to the sentencing phase. If the defendant pleads not guilty, the case goes to a grand jury, unless the prosecutor reduces the charge.
During the pre-trial phase, both sides exchange information, and either side can file motions to request rulings by the court before the trial, such as suppressing evidence that may violate the defendant's rights. The pre-trial phase may last the longest, as it involves negotiating a possible plea deal.
At trial, the state presents its case first, followed by the defendant. The jury then deliberates and renders a verdict of guilty or not guilty. If the jury cannot reach a unanimous verdict, a mistrial may be declared, and the state may re-try the case with a new jury. If the defendant is found not guilty, they are released, and the government may not appeal. The Constitution prohibits "double jeopardy," or being tried twice for the same offence.
If the defendant is found guilty, the court determines the punishment, which may include prison time, fines, restitution to victims, probation, or community service. The court considers sentencing guidelines and relevant factors when determining the sentence. A separate sentencing hearing may be held, where the state can argue for a harsher sentence, and the defendant can request leniency.
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Criminal case verdicts
In a criminal case, the verdict is either "not guilty" or "guilty", except in Scotland, where a "not proven" verdict is also possible. A "guilty" verdict generally requires evidence to be tested and proven beyond a reasonable doubt, and is usually followed by a judgment of conviction rendered by the judge, which in turn is followed by sentencing. If the defendant is found guilty, they can choose to appeal the case to the local Court of Appeals.
In a criminal trial, the verdict is delivered by a jury, which is a group of peers selected to find a verdict after hearing the defence and prosecution in a court setting. The defence, or defendant, is the party charged with a crime, and the prosecution, or prosecutor, pursues the charges. The judge is the individual who presides over the case in court and determines the guilt of the defendant based on the jury's answers to the questions they pose.
A general verdict is when the jury makes a complete finding and a single conclusion on all the issues presented. First, the jury finds the facts as proved by the evidence, then applies the law as instructed by the court, and finally, it returns a verdict in one conclusion that settles the case. A sealed verdict is put into a sealed envelope when there is a delay in announcing the result, such as waiting for the judge, the parties, and the attorneys to return to court.
A special verdict is not common in criminal cases but may be used to have the jury answer directed questions regarding the required elements for a cause of action or special issues, and to demarcate monetary awards of damages. Special verdicts are intended to focus the jury's attention on the important questions at hand.
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Criminal case appeals
Right to Appeal:
Defendants have the right to appeal their convictions and sentences. This right is not automatic in all cases, particularly if the conviction results from a guilty plea. However, criminal defendants convicted by a judge or jury have an absolute right to appeal. Additionally, in death penalty cases, an automatic appeal is allowed.
Grounds for Appeal:
Potential grounds for appeal include legal errors, juror misconduct, and ineffective assistance of counsel. Legal errors may encompass improperly admitted evidence, incorrect jury instructions, or insufficient evidence to support a guilty verdict. Jury misconduct includes substance abuse during deliberations, improper experiments, or communication with witnesses or counsel. Ineffective assistance of counsel claims require defendants to prove that the outcome of their case would have been different without their counsel's actions.
Appellate Process:
The appellate process involves a higher court reviewing the record of the lower court's proceedings to determine if there are adequate grounds to grant an appeal. The record includes pre-trial and post-trial motions, admitted evidence, and a transcript of the trial. Appellate courts also consider written briefs submitted by both parties, outlining their legal arguments and positions. In some cases, oral arguments may be presented before the court, where appellate lawyers engage in structured discussions with a panel of judges.
Appellate Court Decision:
If the appellate court grants the appeal, it may reverse the lower court's decision in whole or in part. If the appeal is denied, the lower court's decision stands. The appellate court's decision is usually final, unless it sends the case back for additional proceedings or it is reviewed by a higher court, such as the U.S. Supreme Court.
Multiple Levels of Appellate Review:
In some jurisdictions, there may be multiple levels of appellate review. For example, an intermediate appellate court may review a trial court's decision before it proceeds to the highest court. The prosecution may also seek further review in the highest court if an intermediate court rules in favor of the defendant.
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Criminal case sentences
The sentence imposed can vary depending on the nature of the crime and the defendant's circumstances. In some cases, the defendant may be sentenced to a specific period of imprisonment, also known as a determinate sentence. This involves setting a minimum and/or maximum duration for the incarceration. On the other hand, an indeterminate sentence does not specify an exact duration but rather sets a range, such as "not more than" or "not less than" a particular period.
Additionally, criminal case sentences can include alternative punishments or combinations of sanctions. These may include monetary fines, which are commonly imposed on first-time offenders or for less severe crimes. Fines can also be combined with incarceration or other penalties, such as community service. Restitution, or compensation to crime victims, is another component that may be included in a criminal sentence.
Probation is often considered when the offender is nonviolent, not a repeat offender, and/or willing to make restitution. It allows the individual to remain in the community under the supervision of a probation officer, who enforce any conditions imposed by the court. This may include intensive supervision probation (ISP), which entails strict restrictions, frequent meetings with the probation officer, drug testing, and treatment programs.
In more serious cases, a life sentence or capital punishment may be imposed, depending on the jurisdiction and the nature of the crime. A mandatory sentence is one in which the judge has no discretion and must impose the punishment as mandated by state or federal statutes. During the sentencing process, defendants have the right to present mitigating circumstances, especially in capital offense cases, to ensure that the punishment is proportional to the crime.
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Frequently asked questions
Criminal case law refers to past decisions by courts that have the power to set legal precedent. These precedents help guide the interpretation of the law in subsequent, similar criminal cases.
In civil cases, private citizens or companies sue each other in court. In criminal cases, the state brings a lawsuit against a person who has broken a criminal law. Criminal cases are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency.
All criminal cases start in the magistrates' court, where the defendant is asked to plead "guilty" or "not guilty". If the defendant pleads "guilty", they are convicted and sentenced. If they plead “not guilty”, the case goes to trial. During the trial, the prosecution and defence call witnesses and present evidence. After hearing all the evidence, the prosecution and defence make closing statements. The judge or jury then decides on a verdict, determining guilt or innocence. If the defendant is found guilty, they are sentenced according to sentencing guidelines. The defendant can appeal their conviction or sentence.
The outcomes of a criminal case can vary depending on the nature of the crime and the jurisdiction. Potential outcomes include imprisonment, fines, community service, probation, restitution to victims, substance abuse treatment, and electronic monitoring.
Attorneys can use case law to support their legal arguments and strategies by analysing previous court decisions and applying relevant precedents to their cases. They can also use it to challenge unfavourable precedents by arguing that the current case is substantially different and, therefore, warrants a different outcome.
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