Chapter Sixteen Section Two
Criminal Cases
Types of Cases
In 2007, Michael Vick was a high-profile player for the Atlanta Falcons. He was also involved in a dogfighting ring. Vick and his partners were charged with running a dog fighting ring, which was illegal, and violently killing dogs who did not perform as well as they wished. Vick would plead guilty to federal felony charges and serve 21 months in prison plus two months of home confinement. The federal court case was known as “United States of America v. Purnell A. Peace, Quanis L. Phillips, Tony Taylor, and Michael Vick.”
In 2007, Michael Vick was a high-profile player for the Atlanta Falcons. He was also involved in a dogfighting ring. Vick and his partners were charged with running a dog fighting ring, which was illegal, and violently killing dogs who did not perform as well as they wished. Vick would plead guilty to federal felony charges and serve 21 months in prison plus two months of home confinement. The federal court case was known as “United States of America v. Purnell A. Peace, Quanis L. Phillips, Tony Taylor, and Michael Vick.”
Like you notice in the above criminal felony case, the government charges someone with a crime and is always in the position of the prosecution, or the party who starts the legal proceedings against another party for a violation of the law. The person accused of the crime is the defendant. A crime is an act that breaks a federal or state criminal law and causes harm to people or society in general. We find the definition of crimes in a state’s written criminal law, or penal code. A state’s penal code also spells out the punishments that go with each crime. Penal codes establish classifications, or degrees of seriousness, for crimes to set appropriate penalties. The more serious the crime, the harsher the punishment.
There are two main groups that we put crimes into: serious law violations are felonies and minor violations are misdemeanors. Persons convicted of misdemeanors may be fined or sentenced to a year or less in jail. Persons convicted of felonies could be put in prison for one year or more. In the case of murder, the punishment could even be death. Many states practice the use of the death penalty for such extreme cases. Felonies can be classified in terms of who or what was harmed when a crime was committed.
Penalties for Crimes
Those accused and convicted of crimes are usually punished by fines and/or imprisonment, depending on the nature and severity of the crime. Michael Vick was punished with the time spent in prison and had to put $1 million in an account to care for the remaining dogs as they were adopted out. Criminal penalties serve several functions. They provide punishment so that a criminal pays for an offense against a victim or society. They help protect society by keeping dangerous criminals in prisons. This means that lawbreakers cannot continue to commit crimes and harm others. Criminal penalties can also keep other people from committing the same crimes by serving as warnings or examples to deter others. Finally, criminal penalties are intended to help prepare lawbreakers for reentering society after their prison terms are over. Through counseling, education, and vocational training, some prisons help inmates learn skills that will help them lead productive lives after their time in prison.
Some prisoners may be eligible for parole after serving only part of their sentences. This means that a parole board reviews a request for parole and decides whether or not to grant a prisoner early release from prison. If parole is granted, the person must report to a parole officer until the sentence has expired.
Critics of the parole system claim that many sentences end up much shorter than intended because of it. Some states have responded by establishing mandatory sentencing, which means that judges must impose whatever sentence the law directs. Opponents of mandatory sentencing claim that in some cases the judge must impose harsher sentences than the circumstances of the case justify. Other systems of sentencing include indeterminate sentences in which a judge gives a minimum and a maximum sentence. A set range of sentences applies to each kind of crime. Under any system, similar crimes should receive similar punishments, but judges have some leeway in considering the unique circumstances of each individual case.
Types of Felonies
If you were to ask most Americans what crimes they fear the most they would say crimes against people, or violent or potentially crimes such as murder, manslaughter-the accidental killing of someone, assault-physical injury or threat of injury, rape, and kidnapping.
Crimes against property are the most common types of crime. Burglary, robbery, and theft are all forms of larceny, or the taking of property unlawfully. Vandalism is the deliberate destruction of property and fraud is the taking property by dishonest means or misrepresentation. They are common crimes against property.
Some crimes are considered victimless crimes or crimes against morality because there is no victim to bring a complaint. Laws regarding these crimes are very hard to enforce. Although some may argue that these acts should not be considered crimes because there are no victims, victimless crimes can harm others. For instance, people frequently steal to get money to purchase illegal drugs, and victimless crimes could be committed by criminal gangs who commit other violent crimes against society.
Some crimes are considered victimless crimes or crimes against morality because there is no victim to bring a complaint. Laws regarding these crimes are very hard to enforce. Although some may argue that these acts should not be considered crimes because there are no victims, victimless crimes can harm others. For instance, people frequently steal to get money to purchase illegal drugs, and victimless crimes could be committed by criminal gangs who commit other violent crimes against society.
What Happens in a Criminal Case?
The criminal justice system is the system of state and federal courts, judges, lawyers, police, and prisons that have the responsibility for enforcing criminal law. There is a separate juvenile justice system with special rules and procedures for handling cases dealing with young people, called juveniles, who typically are people under the age of 18.
The criminal justice system is the system of state and federal courts, judges, lawyers, police, and prisons that have the responsibility for enforcing criminal law. There is a separate juvenile justice system with special rules and procedures for handling cases dealing with young people, called juveniles, who typically are people under the age of 18.
Criminal cases follow several steps. At each step defendants are entitled to the protections of due process guaranteed in the Bill of Rights. Criminal cases begin when police and other law enforcement arrest someone on suspicion of having committed a crime.
Arrest
Police officers make arrests if they have witnessed a suspected crime, if a citizen has made a complaint or report of a crime, or if a judge has issued an arrest warrant. When the arrest is made, the officers will read the suspect his or her rights as directed by the decision in Miranda v. Arizona. The rights that all police officers must inform anyone they arrest are as follows:
- The right to remain silent; any statement made can be used against you in a court of law
- The right to have an attorney present during any questioning
- The right to have a court-appointed attorney if you cannot afford one
- The right to stop answering questions at any time
The suspect is taken to a local police station to be booked, or charged with a crime. As part of the booking process, the police will fingerprint and photograph the suspect. During that time he or she will be allowed to call a lawyer. If the suspect cannot afford a lawyer, the state will provide one for them.
Hearing, Indictment, and Arraignment
A few hours after being booked, the suspect appears in court and hears the charges against them. The prosecution must show the judge the probable cause, or good reason, for believing that the accused committed the crime for which they are being charged. The judge will send the accused back to jail, set bail for him, or release the person on his own recognizance, which means that the accused is released without having to pay bail. Instead, the accused promises to appear in court when called.
A grand jury may be used to decide whether a person should be indicted, or formally charged with a crime. Some states use a preliminary hearing instead of a grand jury indictment. In some cases, when a grand jury is not used, the prosecutor files an “information,” which claims that there is sufficient evidence to bring the accused person to trial. IF the judge agrees, the accused is indicted.
A grand jury may be used to decide whether a person should be indicted, or formally charged with a crime. Some states use a preliminary hearing instead of a grand jury indictment. In some cases, when a grand jury is not used, the prosecutor files an “information,” which claims that there is sufficient evidence to bring the accused person to trial. IF the judge agrees, the accused is indicted.
The defendant then appears in court for an arraignment. The person is formally presented with the charges and asked to enter a plea. If the defendant pleads not guilty, he or she stands convicted of the crime, and the judge will set the punishment. Another option is for the defendant to plead no contest. This means that they do not admit guilt but will not fight the prosecution’s case. The effect is much the same as for a guilty plea.
Plea Bargaining
Sometimes after reviewing the charges and evidence against a suspect, the defendant’s lawyer may encourage them to accept a plea bargain. A plea bargain is an agreement in which the accused person agrees to plead guilty, but to a lesser charge. By accepting a plea bargain, the defendant avoids a time-consuming and lengthy trial. It also ensures that a person will be punished for committing a crime.
Trial
Once the case goes to trial, the defense gets to work. The lawyer interviews witnesses, studies the laws affecting the case, and gathers as much information as they can. Although criminal defendants have a constitutional right to a jury trial, many give up that right and let their cases be tried before a judge alone in what is called a “bench” trial. If the defense does ask for a jury trial, they begin by choosing the jurors. Both sides select potential jurors from a large pool of residents of the community or the court’s jurisdiction. Both sides try to pass over jurors who might be unfavorable to their side. Either side can reject a certain amount of candidates without having to give reasons and can ask the judge to dismiss others for various cases.
Once the case goes to trial, the defense gets to work. The lawyer interviews witnesses, studies the laws affecting the case, and gathers as much information as they can. Although criminal defendants have a constitutional right to a jury trial, many give up that right and let their cases be tried before a judge alone in what is called a “bench” trial. If the defense does ask for a jury trial, they begin by choosing the jurors. Both sides select potential jurors from a large pool of residents of the community or the court’s jurisdiction. Both sides try to pass over jurors who might be unfavorable to their side. Either side can reject a certain amount of candidates without having to give reasons and can ask the judge to dismiss others for various cases.
After the jury has been chosen, the lawyers will make an opening statement in which they outline the case they will present. The prosecution and the defense present their cases in turn. Each side calls witnesses who swear that their testimony, or answers they give under oath, will be the truth.
When a witness testifies for one side, the other side can cross-examine that witness. The questions asked in cross-examination are to make the witness’s original testimony look bogus or false. Finally, each side makes a closing statement highlighting the testimony and evidence that support it and question the other side’s testimony and evidence. The judge can instruct the jury, or explains the law that relates to the case.
When a witness testifies for one side, the other side can cross-examine that witness. The questions asked in cross-examination are to make the witness’s original testimony look bogus or false. Finally, each side makes a closing statement highlighting the testimony and evidence that support it and question the other side’s testimony and evidence. The judge can instruct the jury, or explains the law that relates to the case.
The Verdict and Sentencing
The final part of a trial begins with the jury going off to think over and discuss the case and reach a verdict. After choosing a foreman or forewoman to lead the discussion, the jurors review the evidence and legal arguments they have heard. The jury deliberations are secret and have no set time limit. Finally, they vote on whether the defendant is guilty or not guilty. To decide that person is guilty, the jury must find the evidence convincing beyond a reasonable doubt. Most states require a unanimous vote. If a jury feels that the prosecution has not proven its case, it can decide on acquittal. Acquittal is a vote of not guilty. The defendant is then immediately released.
The final part of a trial begins with the jury going off to think over and discuss the case and reach a verdict. After choosing a foreman or forewoman to lead the discussion, the jurors review the evidence and legal arguments they have heard. The jury deliberations are secret and have no set time limit. Finally, they vote on whether the defendant is guilty or not guilty. To decide that person is guilty, the jury must find the evidence convincing beyond a reasonable doubt. Most states require a unanimous vote. If a jury feels that the prosecution has not proven its case, it can decide on acquittal. Acquittal is a vote of not guilty. The defendant is then immediately released.
Maybe the jury is having a tough time coming to agreement. When that happens, the judge declares a hung jury and rules that the trial is a mistrial. With a mistrial, the prosecution has to decide whether to drop the charges or ask for a retrial.
If the defendant is found guilty, the judge sets a court date for sentencing. In some situations, a jury recommends the sentence. Most of the time it is the judge who decides the sentence after considering the defendant’s family situation, previous criminal record, employment status, and other information.
Sentences often specify a period of time to be spent in prison. Today victims of crimes are allowed to make statements about the sentence, and judges may take these statements into account when making their decision. Sentences may include fines or a set number of hours spent doing community service work.
If the defendant is found guilty, the defense may appeal the verdict to a higher court. If the case was a capital case, or one involving the death penalty, the appeal could go directly to the state supreme court. Usually the appeal contends that the judge made some type of error or that the defendant’s constitutional rights were violated. If the jury votes not guilty, the Fifth Amendment prohibition against double jeopardy prevents the prosecution from appealing the verdict.
If the defendant is found guilty, the judge sets a court date for sentencing. In some situations, a jury recommends the sentence. Most of the time it is the judge who decides the sentence after considering the defendant’s family situation, previous criminal record, employment status, and other information.
Sentences often specify a period of time to be spent in prison. Today victims of crimes are allowed to make statements about the sentence, and judges may take these statements into account when making their decision. Sentences may include fines or a set number of hours spent doing community service work.
If the defendant is found guilty, the defense may appeal the verdict to a higher court. If the case was a capital case, or one involving the death penalty, the appeal could go directly to the state supreme court. Usually the appeal contends that the judge made some type of error or that the defendant’s constitutional rights were violated. If the jury votes not guilty, the Fifth Amendment prohibition against double jeopardy prevents the prosecution from appealing the verdict.