Business and American Law Unit 6 Criminal Court Procedures

University:
Eastern Kentucky University
Course:
LGS 300 | Introduction to Legal Studies
Academic year:

2020
Views:

242

Pages:

2
Author:

Tobsuchtbvow

Unit 6: Criminal Court Procedures First Appearance: ● First appearances only apply to felonies. An arraignment hearing is traditionally for misdemeanors. ● The defendant is formally notified of the charges and may be advised of his or her rights by a magistrate. ● A date is set for preliminary hearing. Preliminary Hearing: ● The purpose of a preliminary hearing is to determine if there is enough evidence against the defendant to go to trial. Arraignment Hearing: ● The judge reads the information to the defendant, who must enter a plea. ● Guilty or not guilty Pre-Trial Motions: ● A motion is a formal request to a judge to issue an order. ● All motions should be heard and decided by the judge before a trial can proceed. Jury Selection: ● Jury selection process is the exact same in civil cases. Opening Statement: ● Opening statements are also in civil cases and are explained above. Presentation of Evidence and Witnesses: ● Prosecution will call their witnesses for cross-examination. (Will present any evidence.) ● Defense will then call their own witnesses for cross-examination as well. (Will present any evidence.) Rebuttal ● Either side can call a witness again to the stand to question once more. (Used to rebut any information.) Jury Instructions: ● (This occurs before closing arguments. )Judges instruct jurors carefully as to what law they are to follow. ● In criminal cases, the defendant must be found guilty beyond reasonable doubt to be convicted. Closing Arguments: ● Both attorneys summarize the evidence and testimony in an effort to persuade the judge or jury to decide the case in favor of their client. Jury Deliberations: ● After jury instructions, the court orders the jury to retire to the jury room for deliberations. Verdict: ● In criminal cases, a verdict must be unanimous and must be given in open court. ● Four possible verdicts: Guilty, Not guilty, and not guilty by reason of insanity, guilty and mentally ill. ● If the jury cannot agree on a verdict, the judge may declare a “hung” jury, declare a mistrial, and order a new trial. Works Cited “Utah Courts.” Criminal and Civil Court Processes - Utah Courts, 5 Oct. 2018, www.utcourts.gov/howto/courtprocess/trial.html.