CRIMINAL
CASE INFORMATION
The following information is intended as a generic
description of the flow of a criminal case and a brief description of the
proceedings that may occur. It is
provided for explanation and reference as a courtesy to reporters. It is not
intended to be a comprehensive explanation of the law, nor of all of the issues
and possible proceedings that may occur in a criminal case.
It does not suggest that any particular criminal
matter will follow all of these steps.
CRIMINAL CASE PROCESS
Misdemeanor
Misdemeanors are punishable by a maximum fine of $1000 and
a county jail term of one year or less. However, there are some exceptions; for
example, spousal abuse can carry a $6000 maximum fine. Examples of misdemeanors
include petty theft, prostitution, vandalism, and driving under the influence.
Felony
Felonies are punishable by
a state prison term or death. Common examples of felonies are murder, selling
drugs, robbery and rape. The processing of a felony usually follows this order:
At the
first court appearance, the following events occur:
The
defendant is informed of the charges against him (or her), and if the defendant
cannot afford an attorney of his choice, an attorney is appointed by the Court.
1. The defendant is advised of his constitutional rights.
2. The defendant enters a plea of guilty, not guilty or no contest.
3. The Court sets bail and the defendant is remanded to custody, or
the defendant is released on his or her "Own Recognizance" or
"O.R."
A
preliminary hearing is held to determine if there is sufficient evidence that
the defendant committed the crime and a trial should be held. If the defendant is "held to
answer," the prosecuting agency files a document called the Information.
The defendant will subsequently be arraigned again.
The
Information must be filed within 15 days of the date the defendant was
"held to answer". The trial
must begin within 60 days of the arraignment on the Information, unless the
defendant consents to a date beyond the 60-day period. It is not unusual for the parties to agree to
extend the trial beyond the 60-day date.
DEFINITIONS
AND ELEMENTS OF THE CASE PROCESS
Law and Discovery
‘Law and Discovery’ refers to
proceedings prior to and/or in preparation for trial,
wherein questions of law are
resolved and disclosure of facts and evidence are
made. These matters are commonly
referred to as law and motion and
discovery proceedings.
A motion is an oral or written
request that a party makes to the court for a ruling or an order on a
particular point. There are many types
of motions, for example: a “motion to reduce bail” asks the court to lower the
amount of bail needed to release the defendant from custody. A “motion to set” asks the judge to set a
date for a future trial”. A “motion to quash” asks the court to make something
void or ineffective, such as to quash a subpoena.
Ex Parte Proceedings
The words “ex parte” mean “from
one side only” in Latin. Ex parte motions are matters that have not been
previously scheduled to be heard by the Court.
The party bringing the ‘ex parte’ motion is required to give 24 hours
notice to the other side that the motion is being brought before the court,
except under unusual circumstances.
Conferences
It is not unusual for the
attorneys for both sides in a case to meet with the judge informally to discuss
scheduling or other procedural matters.
These meetings may take place in the judge’s chambers and no record will
be made of the meetings. The judge does not make any rulings or orders
regarding the case at these informal meetings.
A ‘pre-trial conference’ is a meeting
of the judge and lawyers to plan a trial, discuss which matters should be
presented to the jury, review proposed evidence and witnesses, and set a trial
schedule. Typically, the judge and the
lawyers may discuss the possibility of
settling the case.
DEFINITION
AND ELEMENTS OF A OF TRIAL
A
trial is a formal hearing to determine the guilt of a defendant who is charged
with a crime.
Jury
Trial
In a
criminal trial, whether the defendant is guilty of the crime charged is a
question of fact which, in a jury trial, must be decided by a jury. Questions
of law, on the other hand, must be decided by a judge. For
example, whether there is sufficient evidence in a
case to convict any defendant of
possession of narcotics is a question of law. It is the judge's responsibility
to decide which are questions of law and which are questions of fact.
Jury Selection (Voir Dire)
In a
jury trial, the selection of the jury is made from a panel of prospective
jurors. They are questioned by the judge and the attorneys, during a phase of
trial called voir dire to
determine their qualifications to act as trial jurors. Voir
dire is a legal term meaning "to speak the truth" and refers to
this questioning process.
The voir
dire process takes place before opening statements. In a criminal case, the
judge begins the questioning of the prospective jurors. When the judge has
completed the initial examination, the attorneys for each side have the right
to question the prospective jurors.
In criminal cases, the identification of
the prospective and sworn jurors is kept confidential during the course of the
trial. The law mandates the sealing of all sworn juror
(including alternate jurors) identifying information after a verdict is returned in a
criminal jury proceeding. The identifying information includes juror names,
addresses, and telephone numbers.
Challenges to Jurors
A
challenge is an objection made regarding the prospective jurors which results
in
their
dismissal from the panel. An individual juror may be excused after either a
Challenge for Cause, a Peremptory Challenge, or by Stipulation of counsel.
a. Challenge for
Cause
The challenging party must state a cause or
reason why the prospective juror
should be excluded from the jury panel. The
challenge is usually made out of
the presence of the jury. Examples include actual
or implied bias on the part of the prospective juror or the disqualification of
a juror based on his or her inability to perform the required duties. The
number of allowable challenges for cause is unlimited. The challenge is then
either permitted or denied by the court.
b. Peremptory
Challenge (CCP Section 231)
This type of challenge is exercised to exclude a
prospective juror from the
jury panel. No reason need be given by the challenging
party. Assuming the
peremptory challenge isn't being used to exclude
a specific group of people (e.g., based on race or gender), it is granted
automatically. If the challenge is being used to exclude a specific group, this
may lead to a declaration of mistrial. If the maximum sentence for a felony
offense charged is the death penalty or life with or without parole, the
defendant and the prosecution may each exercise 20 challenges.
c. Juror Excused by
Stipulation
This occurs when the court approves and both
parties agree to excuse a
juror. The number of allowable stipulations to
excuse jurors is unlimited.
Written Juror
Questionnaires
Sometimes
written questionnaires are given to jurors prior to voir dire to assist in
jury
selection. These questionnaires can simplify the process of determining
hardship
and individual juror bias regarding the issues being tried. Questionnaires are
usually prepared by counsel for a specific case.
Preliminary Jury Instructions and Admonishment
of Jury
The
judge may give preliminary instructions to the jury after voir
dire is completed.
The
judge may inform the jurors of the different stages of the trial proceedings,
and explain the language that will be used at trial.
Opening Statements
Opening
statements explain to the jury what the party intends to prove in the trial.
Presentation of Evidence
In a
criminal trial, the Prosecution must present their case first. The defendant
will have an opportunity to present evidence after the prosecution ‘rests’
(concludes their case). The following will occur during the presentation of the
case by either side:
*
Trial motions and objections
*
Witnesses called to testify
*
Exhibits marked or admitted
Exhibits
Marked and Admitted
When
exhibits are identified and described on the record, they will be
assigned
a number or letter. (Prosecution exhibits are usually marked by
number,
and defendant’s exhibits are usually marked by letter.)
Closing Argument
Closing
arguments summarize each party's evidence as it proves its case or disproves
the other party's case. During closing
argument, the parties try to persuade the jury to vote in their favor. In a criminal
trial, the People speak first, then the defendant, and then the prosecution will
have another opportunity to argue.
Verdicts
A
verdict is the decision by the jury. One Guilty and
one Not Guilty verdict form for each felony count are prepared.
Penalty Verdict –
Capital Case - Separate Verdict Required
If a
defendant is found guilty of first-degree murder and one or more special
circumstances
are found to be true, the jury must decide if the punishment will be
the
penalty of DEATH or confinement in state prison for a term of LIFE
WITHOUT
POSSIBILITY OF PAROLE as to each count.
Jury Instructions
After
closing arguments, the court must instruct the jury in the law which applies to
the case. The jury instructions are printed documents discussed by the judge
and attorneys beforehand. The judge
reads the instructions to the jury and the jury has the instructions with them
during their deliberations.
Jury Deliberations
Jury
deliberation is the period during which the jury considers whether the
defendant is guilty or not guilty. This occurs after closing arguments and jury
instructions. The jury deliberations are confidential and only the sworn jury
panel is present during deliberations. When deliberations begin, the jury will select
a foreperson. The foreperson records the decision on a verdict form at the conclusion
of deliberations. During deliberations, the jury may have questions that may be
answered by the judge, in consultation with the attorneys, or they may request
that portions of the testimony be read back to them.
Jury Verdict
The
jury foreperson will notify court staff when the jury has reached a verdict. All
parties will assemble in the courtroom and the judge will review the verdicts
and then hand them to the Judicial Assistant to be read. Criminal juries must
return a unanimous verdict as to all issues before them.
Polling the Jury
At
either counsel's request, the judge may instruct the Judicial Assistant to
"poll"
the
jury. Polling the jury means that each individual juror is asked whether he or
she agrees with the verdict.