Gavin Howe
When people break the law, they are known as defendants. If they plead guilty, they are convicted and then sentenced. If they plead not guilty, the case goes to trial. Sometimes, a plea bargain occurs, where the defendant pleads guilty to a lesser offence or the prosecutor drops some of the charges or agrees to ask for a lighter sentence. In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence, the charges are dropped.
| Characteristics | Values |
|---|---|
| What happens when someone is found guilty of breaking the law | They are convicted and sentenced |
| Who hands out the sentence | Usually the trial judge, but sometimes the jury |
| What happens when someone is found not guilty of breaking the law | They are acquitted |
| What happens when someone is arrested for a serious crime | There will sometimes be a trial |
| Who decides whether there is enough evidence for a trial | In the federal system and in some states, a grand jury; in states that don't use grand juries, an information will be issued by the prosecutor |
| What happens when there is enough evidence | The person is indicted |
| What happens when there is not enough evidence | The charges are dropped |
| What is an information | A formal accusation by the prosecutor |
| What is an arraignment | When the defendant pleads guilty or not guilty |
| What happens when the defendant pleads not guilty | The case goes to trial |
| What is a plea bargain | When the defendant pleads guilty to a lesser offence or the prosecutor drops some of the charges or agrees to ask for a lighter sentence from the judge |
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What You'll Learn
The defendant pleads guilty or not guilty
Once the indictment or information has been filed, the defendant is arraigned. This is when the defendant pleads guilty or not guilty. If the defendant pleads not guilty, the case goes to trial. Sometimes, a plea bargain occurs, where the defence attorney and the prosecutor try to settle a case with the court's approval. In a plea bargain, the defendant pleads guilty to a lesser offence or the prosecutor drops some of the charges, or agrees to ask for a lighter sentence from the judge. If there is a trial, the Constitution guarantees every defendant certain rights. With serious crimes, there is the right to be tried before a jury; the defendant can also waive this right and have a judge decide the verdict. The following also applies to all jury trials: 1) the defendant is presumed innocent, 2) the prosecutor must prove guilt beyond a reasonable doubt, 3) the defendant has the right not to take the stand, 4) evidence obtained through unconstitutional police procedures is excluded, and 5) incriminating statements of defendants are allowed. If the defendant is found not guilty, he is acquitted. If he is found guilty, he is convicted and then sentenced. Usually, the trial judge hands out the sentence, but sometimes the jury does.
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If not guilty, the case goes to trial
If the defendant pleads not guilty, the case goes to trial. Sometimes, a plea bargain will occur, where the defence attorney and prosecutor try to settle the case with the court's approval. The defendant can plead guilty to a lesser offence, or the prosecutor can drop some of the charges or ask for a lighter sentence.
If the case goes to trial, the Constitution guarantees the defendant certain rights. With serious crimes, the defendant has the right to be tried before a jury, but they can waive this right and have a judge decide the verdict. The following also applies to all jury trials:
- The defendant is presumed innocent
- The prosecutor must prove guilt beyond a reasonable doubt
- The defendant has the right not to take the stand
- Evidence obtained through unconstitutional police procedures is excluded
- Incriminating statements of defendants are allowed
In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence, the charges are dropped.
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Sometimes plea bargaining occurs
Sometimes, plea bargaining occurs. This is when the defence attorney and the prosecutor try to settle a case with the court's approval. In a plea bargain, the defendant pleads guilty to a lesser offence, or the prosecutor drops some of the charges, or agrees to ask for a lighter sentence from the judge.
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If there is a trial, the Constitution guarantees the defendant certain rights
The Sixth Amendment grants citizens the right to a jury composed of impartial members drawn from the local community. The defendant can waive this right and have a judge decide the verdict. The defendant is presumed innocent until proven guilty, and the prosecutor must prove guilt beyond a reasonable doubt. The defendant has the right not to take the stand, and evidence obtained through unconstitutional police procedures is excluded. Incriminating statements of defendants are allowed.
In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence, the charges are dropped. In states that don't use grand juries, an information will be issued by the prosecutor. This is a formal accusation, and once it has been filed, the defendant is arraigned. This is when the defendant pleads guilty or not guilty. If the defendant pleads not guilty, the case goes to trial. Sometimes, plea bargaining occurs, where the defence attorney and prosecutor try to settle a case with the court's approval. If the defendant is found not guilty, they are acquitted. If they are found guilty, they are convicted and sentenced.
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The trial judge usually hands out the sentence
If the defendant is found not guilty, they are acquitted. If they are found guilty, they are convicted and then sentenced. Usually, the trial judge hands out the sentence, but sometimes the jury does.
The trial judge will determine the sentence based on the severity of the crime and the circumstances surrounding it. They will consider factors such as the impact of the crime on the victim and the community, the defendant's criminal history, and any mitigating circumstances. The judge will also take into account the recommendations of the prosecution and defence attorneys, as well as any plea bargains that may have been made.
In some cases, the defendant may be offered a plea bargain, where they plead guilty to a lesser offence or the prosecutor drops some of the charges in exchange for a lighter sentence. The judge will consider the terms of the plea bargain when determining the sentence, but they are not bound by it and may impose a harsher sentence if they feel it is warranted.
If the defendant pleads not guilty, the case will go to trial. In some states, a grand jury will decide whether there is enough evidence for a trial to take place. If there is enough evidence, the defendant will be indicted and the trial will proceed. During the trial, the judge will oversee the proceedings and ensure that the defendant's rights are upheld. These rights include the presumption of innocence, the right to have the prosecutor prove guilt beyond a reasonable doubt, the right not to take the stand, and the exclusion of evidence obtained through unconstitutional means.
After the trial, if the defendant is found guilty, the judge will hand down the sentence. The sentence will be based on the specific crime committed and the circumstances of the case. The judge may also take into account any statements made by the victim or their family, as well as the defendant's behaviour during the trial. The sentence may include a period of incarceration, fines, community service, or other penalties deemed appropriate by the judge.
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Frequently asked questions
If an adult commits a serious crime and is arrested by the police, there will sometimes be a trial. In the federal system and in some states, a grand jury decides whether or not there is enough evidence for a trial. If there is enough evidence, the person is indicted. If there is not enough evidence, the charges are dropped.
A plea bargain is when the defendant pleads guilty to a lesser offence, or the prosecutor drops some of the charges, or agrees to ask for a lighter sentence from the judge.
If the defendant is found not guilty, they are acquitted.
If the defendant is found guilty, they are convicted and then sentenced. Usually, the trial judge hands out the sentence, but sometimes the jury does.
