Kara Sears
Criminal procedure is a set of rules that govern the series of proceedings through which the government enforces substantive criminal law. Criminal proceedings in the United States involve a variety of legal processes, including investigation, arrest, charging, arraignment, discovery, pre-trial motions, trial, sentencing, and appeals. Criminal cases are initiated by the government, usually through the U.S. attorney's office, in coordination with a law enforcement agency. The U.S. Attorney, or prosecutor, represents the United States in most court proceedings, including all criminal prosecutions. The defendant may be arrested or summoned to court and is provided with a copy of the charges, which may be read to them in open court. The defendant then enters a plea of guilty or not guilty at the arraignment hearing. The prosecution provides discovery, which is the sharing of information, documents, and evidence related to the case. The trial then proceeds, and if the defendant is found guilty, they may appeal the decision to a higher court.
| Characteristics | Values |
|---|---|
| Purpose | To establish rules for investigating, prosecuting, and punishing crimes while protecting individuals' constitutional rights |
| Number of Court Proceedings | 3 (civil, criminal, and administrative) |
| Types of Criminal Proceedings | Summary proceedings, indictable proceedings, jury trials, plea bargaining, and appellate proceedings |
| Rights | Due process, equal protection, freedom from unreasonable search and seizure, freedom of speech, right to legal counsel, right to confront witnesses, right to a jury trial, right to not testify, right to speedy trial, right to access to counsel at every stage of the proceedings, right to a fair trial |
| Plea Bargaining | Negotiation process where the defendant agrees to plead guilty in exchange for a reduced charge, lesser sentence, or other concessions |
| Arraignment Hearing | Defendant may enter a plea of guilty, not guilty, or no contest |
| Discovery | Sharing of information, documents, and evidence related to the case |
| Trial | Prosecution presents its case first, followed by the defendant. The jury deliberates and renders a verdict of "guilty" or "not guilty." If the jury cannot reach a unanimous verdict, the court may declare a mistrial. |
| Sentencing | The court determines the punishment. A separate sentencing hearing may be held where the state presents evidence for a harsh sentence, and the defendant may request leniency. |
| Appeals | Accused may have the right to appeal the decision to a higher court. Appellate proceedings focus on reviewing the legal errors or misconduct that may have occurred during the trial. |
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What You'll Learn
Arrest and charging procedures
An arrest is the act of apprehending and taking a person into custody, usually because the person is suspected of committing a crime. Arrests can be made with or without a warrant, depending on the circumstances and the severity of the alleged crime. In the United States, there is a distinction between an investigatory stop or detention and an arrest. This distinction is based on whether the stop is brief and cursory and whether a reasonable individual would feel free to leave. In some places, citizens' arrests are permitted, such as in England and Wales, where any person can arrest someone if they have reasonable grounds for suspecting them of committing an offence. However, certain conditions must be met before taking such action.
Once an individual is arrested, the next critical step is charging. This involves formally accusing the person of a specific crime, typically undertaken by a prosecutor or a grand jury. The charging decision is based on the evidence gathered during the investigation and is pivotal in determining the direction of the subsequent legal proceedings. The prosecution presents the grand jury with a "bill" (the charges) and introduces evidence to secure an indictment. The grand jury then decides whether to indict, returning a "true bill" or a "no bill". If there is an indictment, the accused will have their case heard by a jury trial, where both sides present their arguments, and the jury decides guilt or innocence based on the facts presented.
After an arrest, the police report goes to a prosecutor, who decides what criminal charges to file, if any. In most cases, the prosecutor or law enforcement officer decides on the charges, but charges may also be filed through a grand jury indictment. Each state has a criminal code that guides the arrest and charging procedure, and there is also a federal criminal code for federal crimes. If a person is taken into custody, authorities have a short time, usually a maximum of three days, to file charges in court. If formal charges are filed, the accused will be asked to appear at their arraignment, where they will be asked to plead guilty or not guilty, and bail will be set.
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The right to legal representation
The Federal Rules of Criminal Procedure state that an accused person should have access to legal counsel at every stage of the proceedings, beginning with their initial appearance. This includes the right to have an attorney present during police interrogation. If a defendant requests the presence of their attorney during an interrogation, the police must stop the interrogation until the attorney is present.
The role of a criminal defense attorney is to protect their client's rights and ensure access to a fair trial. Defendants can meet with a lawyer to understand their options and how to best protect their rights. Attorneys can ensure that everyone is following the proper procedures that protect the rights of their client.
In the context of legal representation, defendants in criminal cases are entitled to receive copies of all police reports, witness statements, criminal history reports, and scientific and expert reports. They must also be provided with contact information for the victim and witnesses. The defense may also examine evidence that the prosecution plans to introduce at trial. Importantly, defendants must be provided with any evidence that may prove their innocence.
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Plea bargaining
In Canada, plea bargaining has become an accepted part of the criminal justice system, although judges and Crown attorneys may be reluctant to refer to it as such. The Crown can recommend a lighter sentence than it would seek following a guilty verdict in exchange for a guilty plea. The Crown can also agree to withdraw some charges against the defendant in exchange for a guilty plea. This has become standard procedure for certain offences, such as impaired driving.
In India, plea bargaining was introduced by The Criminal Law (Amendment) Act, 2005, which amended the Code of Criminal Procedure. It allows for plea bargaining in cases where the maximum punishment is imprisonment for seven years or less, excluding offences affecting the socio-economic condition of the country and offences committed against women or children under 14.
Historically, the practice of plea bargaining was "frowned upon", and criminal justice personnel were reluctant to admit that it took place. However, in recent years, there has been a shift in attitude, with organisations such as the Canadian Sentencing Commission and the Law Reform Commission of Canada recommending that the practice become more transparent and subject to judicial regulation.
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Trial and sentencing
A defendant has the right to a trial by jury in federal criminal cases, as well as many state proceedings. They can waive a jury trial and opt for a bench trial, in which a judge will decide on questions of law and fact. The state presents its case first, followed by the defendant. At the close of evidence, the jury deliberates and delivers a verdict of "guilty" or "not guilty".
If the jury cannot reach a unanimous verdict, the court may declare a mistrial, and the state may be able to re-try the case with a new jury. If the defendant is found guilty, the court will determine the punishment. Federal sentencing guidelines and similar state guidelines outline minimum and maximum sentences and identify factors the court may consider. The court may hold a separate sentencing hearing, where the state may present evidence to support a harsh sentence, and the defendant may request leniency by presenting evidence of mitigating factors.
The Sixth Amendment guarantees a defendant the right to assistance of counsel during trial. If a defendant cannot afford an attorney, the government is required to provide one. Such defendants receive legal representation from the Public Defender's Office. The Federal Rules of Criminal Procedure provide that an accused shall have access to counsel at every stage of the proceedings, beginning with the defendant's initial appearance.
The right to a speedy trial grants the defendant certain protections. If the defendant is issued a summons to appear in court, the authorities have more time to file charges. When charges are filed, bail (bond) will be set. If the defendant is summoned to court, they do not have to post bail. A judge may allow the defendant's release without bail, requiring a written agreement to return to court for all appearances.
In some cases, the prosecution and defence may engage in plea bargaining, which is a negotiation process where the defendant agrees to plead guilty in exchange for a reduced charge, lesser sentence, or other concessions. Plea bargains can help expedite the legal process and reduce the burden on the court system.
After a trial and conviction, the accused may have the right to appeal the decision to a higher court. Appellate proceedings focus on reviewing the legal errors or misconduct that may have occurred during the trial, rather than re-examining the evidence or conducting a new trial. The appellate court can affirm, reverse, or modify the original decision.
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Appeals
In the United States, criminal procedure involves investigation, arrest, charging, arraignment, discovery, pre-trial motions, trial, sentencing, and appeals. Appeals are an essential aspect of the legal procedures in a criminal law case, allowing for the review of trial proceedings and safeguarding individuals' rights.
The appeals process in a criminal law case provides a mechanism for offenders to seek redress or challenge their convictions and sentences. It involves the following key steps:
- Initiating the Appeal: A direct appeal is typically initiated by filing a "Notice of Appeal" in the trial court within a specified timeframe, often within 30 days of sentencing.
- Review by Appellate Court: The appellate court reviews the trial court's proceedings, including pre-trial and post-trial motions, evidence, and transcripts. It focuses on identifying legal errors, juror misconduct, or ineffective assistance of counsel that may have impacted the outcome.
- Decision by Appellate Court: The appellate court can affirm, reverse, or modify the original decision. If the appeal is granted, the lower court's decision may be partially or wholly overturned. If denied, the lower court's decision stands.
- Oral Arguments: In some cases, the appellate court may order an "oral argument" before the court. This involves a structured discussion between appellate lawyers and a panel of judges, focusing on the disputed legal principles. Each side presents their arguments within a limited timeframe, usually about 15 minutes.
- Supreme Court Review: While rare, litigants who lose in a federal court of appeals or the highest state court may petition the Supreme Court to review the case. This is done through a "writ of certiorari" or a "Petition to Transfer." The Supreme Court's decision on whether to accept or deny the case is final.
- Post-Conviction Relief: After the direct appeal process, offenders may still seek post-conviction relief by returning to the trial court and filing a petition raising legal issues that were unknown during the appeal.
Potential Grounds for Appeal:
The grounds for appeal in a criminal case typically centre around legal errors, juror misconduct, and ineffective assistance of counsel:
- Legal Errors: These may include improperly admitted evidence, incorrect jury instructions, or insufficient evidence to support a guilty verdict.
- Juror Misconduct: This can involve experiments conducted by jurors, drug or alcohol abuse during deliberations, or improper communications with witnesses or counsel.
- Ineffective Assistance of Counsel: Criminal defendants may appeal if they believe they received inadequate representation or counsel during their trial.
It is important to note that the appeals process is distinct from a retrial, as the appellate court does not reweigh the evidence or conduct a new trial. Instead, it focuses on reviewing the legal aspects of the case to determine if errors occurred that may have affected the outcome.
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Frequently asked questions
A criminal case is a type of court proceeding initiated by a prosecutor who files criminal charges against an individual.
A criminal case goes through the following stages: investigation, arrest, charging, arraignment, discovery, pre-trial motions, trial, sentencing, and appeals.
Law enforcement officers conduct an investigation to gather evidence and information when they have reason to believe that a crime has been committed.
During the arraignment hearing, the defendant is informed of the charges brought against them and enters a plea of guilty or not guilty.
A plea bargain is a negotiation process where the defendant agrees to plead guilty in exchange for reduced charges, a more lenient sentence, or other concessions. Plea bargains can help expedite the legal process and reduce the burden on the court system.
