• Criminal Courts may be State or Federal Government.

• Always involve the violation of some standing law. Unlike a civil case, if no law was broken, a Criminal Trial cannot take place.

• Individuals cannot charge someone Criminally. Although you may press criminal charges against someone, the state or federal government is the only organization who can formally charge someone.

• Most of the time, a criminal case is the Government vs. a Private Individual.

• A judge is still in charge of a Criminal Trial.

• ALL Criminal Trials require a jury of 12 individuals to decide the case.

RESPONSIBILITIES

• Jury – Determines Guilt or Innocence based on Evidence.

• Judge – Determines Punishment (if any) and instructs jury.

• In Criminal Cases, it is necessary for evidence to be BEYOND A REASONABLE DOUBT.

• If there are any questions or any uncertainty about a persons guilt, the jury is instructed to find them Not Guilty.

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• Trial Lawyers are present and argue on behalf of the Prosecution and the Defense.

• Prosecution – The group accusing another person of committing a crime or wrongdoing.

• Defense – The group that is being accused of a committing a crime or wrongdoing.

• Miranda vs. Arizona Supreme Court Case

• “If you cannot afford an attorney, one will be appointed at no cost to you.”

• Criminal Courts have many more punishment options available to those found guilty. They may use one or a number of different punishments if desired.

• Some Examples:

• Fines (Paid to an individual or to the Government)

• Mandatory Community Service

• Probation

• House Arrest

• Incarceration

• Execution

• Minimum Sentence that a judge can grant is sometimes mandated by law (varies by state). For Example:

• Selling drugs to minors – Minimum 1 Year

• Selling drugs in a School Zone – Minimum 2 Years

• Aggravated Assault – Minimum 5 Years

• Aggravated Assault on a Police Officer – Minimum 20 Years.

• 1st / 2nd Degree Murder – Minimum Life in Prison

• Appearance in Court

• First appearance before a judge.

• Charges are explained.

• Bail is set.

• Preliminary Hearing

• Very one-sided towards Prosecution

• Evidence shown to determine if a case can even go to trial.

• Indictment

• Formal Accusation against the Accused.

• Arraignment

• Accused is formally notified of charges and enters plea.

• Guilty, Not Guilty, No Contest

• Jury Selection

• Prosecution and Defense choose 12 people to decide an accused person guilt or innocence.

• Trial

• Prosecution and Defense present evidence and question witnesses.

• Verdict

• Jury deliberates and establishes a persons guilt or innocence.

• No Decision? Hung Jury.

• Sentencing

• Judge sets punishment for a convicted defendant.