Criminal Law Flowchart

Forms of Arrest

There are three different kinds of arrest that can be made. The first one being an arrest with a warrent, which is where an arrest is made based on an indictment by a grand jury. The second one being a warrentless arrest, where an arrest is made when authorities observe someone committing a felony or have probable cause of a felony being committed or was committed. The last one is called a "citizen's arrest," which does not need a warrent or breach of peace committed that is observed by that individual.

Types of Arrest

Aspects of an Arrest

Aspects of an Arrest

Here are some of the main aspects that go into an arrest. The first one being an investigatory detention, which is where the authorities can stop a pedestrian or motor vehicle, as long as there is reasonable suspicion that a criminal act is occuring. Then the authorities are allowed to do a pat down search of the suspects outer clothing to see if the suspect is carrying a weapon. The reasonable suspicion standard used to determine an investigatory detention is low. A way to help identify possible drug smugglers is by using drug courier profiles, which is a set of characteristics of an individual's behavior that are similar to a drug smuggler. Laslty, also the most controversial, is racial profiling. This is where law enforcement determine who to pull over and detain for questioning solely based on their racial characteristics. This has caused many problems with the relationship between law enforcement and minorities.

Aspects of Miranda

Miranda Aspects

The Miranda decision has caused a lot of controversy throughout history, but it has still been upheld to this day. Along with the aspects of Miranda is the "Fruit of the Poisonous Tree Doctrine," which states that any evidence acquired unlawfully is deemed inadmissible. So if a person is not read their Miranda Rights, then everything the suspect says or does can be used in court or agasint them (of course unless they murder someone, then yes that will be used against them). In contrast to this doctrine is the "independent source doctrine," which states that evidence obtained independently and lawfully, then that evidence is admissible. It's worth noting that there is a public safety exception to Miranda, which states that if the police are are preoccupied arresting other individuals or trying to protect themselves, then the Miranda warnings can be delayed.

Identification Procedures

Procedures of Identification

Law enforcement uses a variety of ways to identify possible suspecets. One way is through a "line-up," which is where suspects line up side-by-side and an eyewitness tries to identify the actual culprit. Suspects are entitled to have counsel present at the line-up and they cannot be unfairly suggestive to them (one suspect is brown and the rest are white). With increasing technology and science, there have been more advances methods produced. With those being methods like comparison of blood samples or head and body hair, matching clothing fibers to one another, and DNA tests. The 5th Amendment does not apply in identification procedures pertaining to compulsory self-incrimination.

Providing Counsel to Indigent Persons

Counsel to Indigent Persons

There are some people who cannot afford to employ an attorney, so they would not be able to be defended or prosecute well in court. So now anyone can have an attorney appointed to them whether it is a misdemeanors or felonies. In most cases a public defender or an attorney appointed ad hoc are the ones providing the representation. In terms of a court determining indigency they are liberal in this sense, as if the defendent hiring a lawyer does not allow them to make bail, then they would be classified as indigent.

Self-Representation

Self-Representation

A defendent has the opportunity to represent themselves in a court of law, and they do not have to have any legal knowledge or skill. To be able to self-represent the defendent has to make this decision knowingly and intelligently. When the defendent self-represents themself that they do not have a constitutional right to receive personal instruction on courtroom procedure, but sometimes judges appoint standby counsel to help the defendent who is self-representing.

Goes to Court

This type of pretrail process is more complex than if the case was not taken to court. In most cases when someone is charged with a felony they are placed under arrest and need to have an initial appearance within 24 hours of the arrest. This initial appearance is valuable because the initial charges are formally read to the accused, the accused is informed of their constitutional rights of the right to remain silent and to a counsel, and its determined if the accused needs to remain in custody or not. If the accused cannot make bail, then this is normally when they will go to court.

Goes to Court

No Court Appearance

Does Not Go to Court

This from of pretrial process is more simple than if the case were to go to court. As in this case for the most part the accused is not placed under arrest, but is just issued a summon to appear in court to answer charges. This is normally the case for small offenses, where the fine that is placed upon the defendent would have been cheaper than hiring an attorney. Even if it does go to court in small cases the whole matter is solved within one proceeding.

Pretrial Motions and Arraignment

Pretrial Motions and Arraignment

Pretrial motions are written requests to the court on behalf of the government or the defendant. A common motion is a motion for continuance, which is another word for postponement. Another common motion is a motion to dismiss the indictment or information against the defendant. Last common motion in criminal cases is a motion to suppress a defendant's confession or admission. Regarding arraignment is a first appearance before the court of law, by the accused, with the authority to conduct a criminal trial. In this stage the assused may enter a plea to the charges. These pleas are a plea of not guilty, a plea of guilty, or a no contest plea. A not guilty plea would result in a trial to occur and vice versa for a guilty plea. A no contest plea is similar to a guilty plea, but in a related civil suit, it can't be considered as an admission of guilt.

The Process

Process

Most of the criminal cases are judged using a jury, but there are some cases when a bench trial is used as well. The jury must be selected and questioned to avoid any bias. According to the 6th Amendment the defendant has the right to confront the government's witnesses. The method of doing so is used during the cross-examination period, where witness can be questioned by both the defendent and prosecution. In most cases the trial is open to the public to see, with the jurors being the main ones protected from the press. If there is a defendant or audience member impeding a proper courtroom atmosphere, the judge can exercise control over the courtroom. There can be an opening statement made by the defense, but is normally witheld until the prosecution makes its case.

The Conclusion

At the close of the prosecution's evidence, the defense counsel might move the court to grant a directed verdict, also known as, a judgement of acquittal. During this time the trial judge determines whether the evidence presented by the prosecution is legally sufficient to support a guilty verdict. If the motion is granted the defendant is discharged, and if the motion is denied then the defense counsel proceeds with the case on behalf of the defendent. Both sides of the case are allowed to give a closing argument and after this the jury make their decision. The Federal Rules of Criminal Procedure require that there be unanimous verdicts. If the jury cannot decide then they are considered a "deadlocked jury" and a mistrial can be declared or the jury can be urged to come to a verdict.

Conclusion

The Sentence Hearing

Sentence Hearing

After the presentence is completed, the court holds a sentencing hearing. The pronouncement of sentence is the stage when the trial court imposes a penalty upon the defendant for the offense or offenses of which the defendant has been adjudged guilty. Sentencing is a critical stage of a criminal proceeding at which the defendant is entitled to be represented by counsel. A defendant is allowed an opportunity to give a statement on their behalf, which is known as the right of allocution. A suspended sentence can be issued, which is mainly seen in cases of first offenses or nonviolent crimes.

Types of Sentencing

The form of indeterminate sentencing has been abandoned mostly, as this is where the release from prison was parole and this system was abused in the past. The opposite of the previous sentencing is called definite sentencing. Which is designed to eliminate discretion and ensure that offenders who commit the same crimes are punished equally. There is also determinate sentencing, which is where the judge sets a fixed term of years within statutory parametersm and the offender is required to serve that term without the possibility of early release. The most common form of sentencing is indefinite sentencing, which contains judicial discretion to impose a sentence within a range of prescribed minimum and maximum penalties. Laslty there is mandatory sentencing, where there is no option for judges to place offenders on probation, mostly required for violent crimes.