A quick overview of the Massachusetts Criminal Justice system
1. ______is the process through which criminal law is enforced.
2. ______regulates the criminal justice system.
3. Each ______also imposes its own regulations.
4. In Middlesex County area the ______are responsible for protecting the citizens of the county against crimes that are committed against persons or property.
5. Once a complaint has been issued, the accused must appear in court for ______The ______process is designed to inform the accused of the charge in the complaint and certain rights he or she have, for example, the right to be represented by counsel. Usually defendants are ______in the District Court in the town or city where the crime was committed.
6. Bedford is part of Middlesex County; its ______is an elected official named Gerard Leone. The ______is responsible for prosecuting defendant(s) for the crimes in which they have been accused.
7. In Middlesex County, there are ______responsible for handling cases involving misdemeanors, e.g. assault and battery.
8. Cases that are considered to be ______, e.g. Murder and Rape, are heard in Superior Court.
9. When a case is ready to be heard, whether in District or Superior Court, the defendant may choose to have his case heard before ______.
10. Depending on ______, the jury may consist of six individuals from the community or twelve individuals from the community.
11. The District Attorney must prove the defendant ______.
12. In every case ______sits and makes sure that the law is applied correctly. The ______also instructs the jury on what the requirements are in order to find a defendant guilty or innocent of the crime he or she is being accused of.
13. The jury then will begin ______as to guilt or innocence. When the jury concludes its ______and the defendant is found guilty, the jury will be discharged and
14. The judge will impose ______for the crime which the defendant now stands convicted of committing.
15. In Massachusetts the ______which may be imposed may include fines, imprisonment, or both. If the defendant is found not guilty then he or she will be let go and cannot be tried again.
16. After a conviction a defendant may elect to ______his or her case either to the ______Court or to the Supreme Judicial Court.
17. If a defendant is convicted of ______, they have an automatic right to an appeal. When an appeal is taken it is not based on the facts of the case, but rather on the way the law was applied or should have been applied during the trial.
18. Guilt or innocence of a ______, for minor offenses, is usually resolved in a summary proceeding. Your signature on the ticket charging a petty offense acknowledges receipt of it and it contains your promise to pay the fine or appear in court.
19. ______and ______criminal proceedings are more complex. As with a petty crime proceeding, you may have an attorney appear with you throughout the proceeding, or waive your right to counsel and represent yourself.
20. For most ______proceedings, the following steps typically occur (note: these steps do not apply to juvenile proceedings): A crime is committed, it is reported, an investigation conducted and an arrest made (these may all occur in rapid sequence if the offense is committed in the presence of a law enforcement officer)
21. ______- an administrative procedure which records the defendant's name, the crime charged, and other relevant information about the defendant (telephone number and address, photograph, fingerprints, etc.)
22. ______- when the defendant appears in court and enters a plea (guilty or not guilty, or sometimes "nolo contendere" [no contest]). The defendant is presented with a written accusation dealing the facts of the crime and his/her involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor or a police officer. If the defendant enters a not guilty plea, a date for trial is set.
23. ______- ______is either set or the defendant is required to be "detained" (kept in jail until the trial). Bail could range from being "released on your own recognizance" (in other words, you are on your honor to appear at the next hearing), to many thousands of dollars. When a higher amount of bail is set, a bail bondsman is often called to provide the bail payment in exchange for a fee and a lien against property (as collateral) of the defendant. If bail is posted, the defendant is released but must show up at the next hearing (or bail will be forfeited).
24. ______- A hearing in which a judge determines whether the defendant should be held for trial. At the "prelim," the prosecution has the burden of providing sufficient evidence to the judge that a crime has occurred and that the defendant committed the crime.
25. ______- opening statements, examination of witnesses and presentation of evidence, closing statements, charging the jury (giving the jury its instructions), verdict rendered by the jury after due deliberation, and entering of the verdict (either guilty, guilty of a lesser included or related offense, or not guilty). After a verdict is issued, the defendant may try a post trial motion, such as a motion for a new trial.
26. ______- when a defendant has been found guilty by trial or has plead guilty, a hearing is set to determine the imposition of the sentence. Sentencing reports, which set forth mitigating and compounding factors (prior payment of restitution may be a mitigating factor, other convictions of crimes may be a compounding factor) are often submitted to the judge and then the judge pronounces judgment at a sentencing hearing (in some jurisdictions juries or sentencing councils render the sentence).
27. ______- the defendant may be ordered to pay a fine, be released but subject to specific terms of probation, or sent directly to jail. If a person violates the terms of his/her probation, s/he may have his/her probation revoked, and be sent to jail.
28. ______- after conviction of a crime, the defendant has appellate proceeding which may be available to determine whether all substantive and procedural law issues were properly conducted at the trial.
29. ______- is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession(s) from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. This process can happen at any time between the formal charge and the decision of a jury or a judge. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time.