Mastering the Bar Exam: Criminal Law - Procedure in Criminal Cases (Section Nine)

Law School

The Role of Police: Arrest, Search, and Seizure.

Arrest Procedures: An arrest marks the beginning of formal legal proceedings against an individual. Police must have probable cause to believe a person has committed a crime. In many cases, an arrest warrant issued by a judge is required, although there are exceptions, such as when a crime is committed in an officer's presence.

Search and Seizure: The Fourth Amendment protects citizens from unreasonable searches and seizures. Police generally need a warrant to conduct searches, but several exceptions exist, including consent searches, search incident to a lawful arrest, and exigent circumstances. The exclusionary rule prohibits evidence obtained in violation of the Fourth Amendment from being used in court.

Miranda Rights: Upon arrest, individuals must be informed of their Miranda rights, which include the right to remain silent and the right to an attorney. Failure to provide these warnings can result in the suppression of any statements made by the defendant.

The Criminal Trial Process.

Arraignment: This is the defendant's first court appearance, where the charges are formally read, and the defendant enters a plea (guilty, not guilty, or no contest).

Pre-Trial Motions: Before the trial, both sides may file motions to shape the proceedings, including motions to dismiss charges, suppress evidence, or determine the admissibility of certain facts.

Trial: A criminal trial can be before a judge (bench trial) or a jury. The prosecution must prove the defendant's guilt "beyond a reasonable doubt," a high standard reflecting the serious implications of a criminal conviction.

Opening Statements: Both sides present an overview of their case to the jury.

Presentation of Evidence: The prosecution and defense present evidence and call witnesses. Cross-examination is used to challenge the evidence or testimony presented by the opposing side.

Closing Arguments: Both sides summarize their case, attempting to persuade the jury of the defendant's guilt or innocence.

Jury Deliberation and Verdict: The jury deliberates and then delivers a verdict. If the jury cannot reach a unanimous decision, a mistrial may be declared.

Sentencing and Punishment.

Following a conviction, the court will determine the appropriate sentence for the defendant. Sentencing can involve a range of penalties:

Fines and Restitution: Financial penalties or orders to compensate victims.

Probation: Allowing the offender to remain in the community under supervision instead of serving time in prison.

Incarceration: Sentences to jail (short-term) or prison (long-term) depending on the severity of the crime.

Death Penalty: In jurisdictions that allow it, the death penalty can be imposed for the most serious crimes.

Sentencing Guidelines: Many jurisdictions have established guidelines to ensure consistent and fair sentencing practices, although judges often have discretion within these guidelines.

Appeals and Post-Conviction Remedies

Appeals: Defendants have the right to appeal their conviction or sentence if they believe there was a legal error in the trial process. Appellate courts review the record of the trial court proceedings but do not consider new evidence.

Post-Conviction Remedies: Beyond appeals, defendants can seek other forms of relief, such as habeas corpus petitions, which challenge the lawfulness of the defendant's imprisonment.

Expungement and Pardons: Under certain conditions, a defendant's criminal record can be expunged, effectively sealing it from public view. Pardons, granted by a governor or the president, forgive the convicted individual and may restore rights lost as a result of the conviction.

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