From arrest through From arrest through trialtrial

A VERY BASIC OVERVIEWA VERY BASIC OVERVIEW

ArraignmentArraignment

• Formal hearing.Formal hearing.

• Defendant is informed of specific charges.Defendant is informed of specific charges.

• Bail is set.Bail is set.

• In some cases, plea bargain may be discussed In some cases, plea bargain may be discussed and reached.and reached.

Preliminary hearingPreliminary hearing

• State puts on evidence to show why the State puts on evidence to show why the matter should go to trial.matter should go to trial.

• Defense attorney can cross-examine Defense attorney can cross-examine witnesses.witnesses.

• Prosecutors may want to avoid this and go to Prosecutors may want to avoid this and go to the Grand Jury instead, since preliminary the Grand Jury instead, since preliminary hearing is said to benefit the defense.hearing is said to benefit the defense.

Grand juryGrand jury

• Local citizens hear evidence from the Local citizens hear evidence from the prosecutor and decide if there is enough prosecutor and decide if there is enough evidence to go to trial.evidence to go to trial.

• Number who sit on a grand jury varies by stateNumber who sit on a grand jury varies by state—from 2 to 23. In Missouri, there are 12 —from 2 to 23. In Missouri, there are 12 people on a grand jury. Nine must agree to for people on a grand jury. Nine must agree to for an indictment to be issued. an indictment to be issued.

• Grand jury does not determine guilt.Grand jury does not determine guilt.

• Defendant can testify before a grand jury, but Defendant can testify before a grand jury, but defense usually cannot call witnesses.defense usually cannot call witnesses.

Grand JuryGrand Jury

• Grand juries are secret and not open to Grand juries are secret and not open to reporters.reporters.

• Grand juries are believed to benefit the Grand juries are believed to benefit the prosecution, since it usually is the only side prosecution, since it usually is the only side that presents evidence.that presents evidence.

IndictmentIndictment

• An indictment is a formal accusation.An indictment is a formal accusation.

• It identifies specific charges against a It identifies specific charges against a defendant.defendant.

• An indictment by a grand jury can also be An indictment by a grand jury can also be called a “true bill.”called a “true bill.”

Plea bargainingPlea bargaining

• Negotiation to get defendant to plead guilty Negotiation to get defendant to plead guilty to a lesser charge.to a lesser charge.

• Can alienate victim or victim’s family.Can alienate victim or victim’s family.

• Lessens the load on the overburdened court Lessens the load on the overburdened court system and saves money.system and saves money.

Pre-trial activityPre-trial activity

• Request for a bench trial, which is when there Request for a bench trial, which is when there is no jury. All decisions are made by a judge.is no jury. All decisions are made by a judge.

• Discovery—exchange of information between Discovery—exchange of information between prosecutor and defense prior to trial.prosecutor and defense prior to trial.

The TrialThe TrialJury selectionJury selection

• Jury selection or voir dire (“speak the truth”).Jury selection or voir dire (“speak the truth”).

• Purpose of jury selection is to seat a panel that both Purpose of jury selection is to seat a panel that both sides agree on.sides agree on.

• Attorneys can “challenge” the jurors they do not Attorneys can “challenge” the jurors they do not want.want.

• Each side has a specific number of “peremptory” Each side has a specific number of “peremptory” challenges, when they need no reason to reject a challenges, when they need no reason to reject a juror.juror.

• Jurors can also be rejected for “cause.”Jurors can also be rejected for “cause.”

• Jury consultants.Jury consultants.

The trialThe trialOpening argumentsOpening arguments

• Prosecutor goes first.Prosecutor goes first.

• Opening argument lays out what they intend Opening argument lays out what they intend to prove.to prove.

• Can’t promise something in opening Can’t promise something in opening argument and never bring it up again.argument and never bring it up again.

• Defense usually gives an opening statement Defense usually gives an opening statement next, but is not required to.next, but is not required to.

• Defense may wait until after the prosecution Defense may wait until after the prosecution rests to make an opening argument.rests to make an opening argument.

The TrialThe TrialProsecutionProsecution

• Presentation of case through evidence and Presentation of case through evidence and witnesses.witnesses.

• Direct examination.Direct examination.

• Cross examination by defense, aimed at Cross examination by defense, aimed at disproving or casting doubt on their disproving or casting doubt on their testimony.testimony.

• Redirect by prosecution, to reestablish the Redirect by prosecution, to reestablish the credibility of the evidence or testimony.credibility of the evidence or testimony.

• Prosecution rests.Prosecution rests.

The TrialThe TrialDefenseDefense

• Usually the defense will make motion for a Usually the defense will make motion for a “directed verdict” saying the prosecution has not “directed verdict” saying the prosecution has not made a case. (asking the judge to essentially end made a case. (asking the judge to essentially end the trial)the trial)

• Defense calls its own witnesses, including Defense calls its own witnesses, including rebuttal witnesses who aim at disproving what rebuttal witnesses who aim at disproving what the prosecution witnesses have stated.the prosecution witnesses have stated.

• The prosecutor cross examines defense The prosecutor cross examines defense witnesses.witnesses.

• The defense may redirect.The defense may redirect.

• Defense rests.Defense rests.

The TrialThe Trial

• Defendant may take the stand, but does not Defendant may take the stand, but does not have to. Prosecution CANNOT comment on a have to. Prosecution CANNOT comment on a defendant’s decision not to testify.defendant’s decision not to testify.

RebuttalsRebuttals

• Rebuttals are offered on both sides.Rebuttals are offered on both sides.

• Witnesses can be recalled.Witnesses can be recalled.

• Unless the judge approves it, no new Unless the judge approves it, no new witnesses can be called after a side has witnesses can be called after a side has rested its case.rested its case.

SummationsSummations

• State and defense present closing arguments State and defense present closing arguments to the jury.to the jury.

• Can be dramatic.Can be dramatic.

Charge to JuryCharge to Jury

• Judge charges or instructs jurors before they Judge charges or instructs jurors before they deliberate.deliberate.

• The judge may explain the law that should be The judge may explain the law that should be applied or tell jurors what verdicts can be applied or tell jurors what verdicts can be reached.reached.

Jury deliberationsJury deliberations

• Jury meets in private.Jury meets in private.

• They have been told not to discuss the case They have been told not to discuss the case before the deliberations, so this is the first before the deliberations, so this is the first time they will be considering the evidence.time they will be considering the evidence.

• Juries can ask to review material or clarify Juries can ask to review material or clarify legal options.legal options.

VerdictVerdict

• Must be unanimous.Must be unanimous.

• Options usually guilty or not guilty.Options usually guilty or not guilty.

• If jury is deadlocked, judge will likely send If jury is deadlocked, judge will likely send jurors back to continue deliberations.jurors back to continue deliberations.

• If deadlock is not surmountable, a mistrial will If deadlock is not surmountable, a mistrial will be declared by a judge.be declared by a judge.

• Such cases may be tried again, or may be Such cases may be tried again, or may be plea bargained.plea bargained.

TrialTrial

• Following a guilty verdict, there is often a pre-Following a guilty verdict, there is often a pre-sentencing investigation.sentencing investigation.

• Lawyer has 30 days to file a “Notice of Lawyer has 30 days to file a “Notice of Appeal” after a guilty verdict.Appeal” after a guilty verdict.