CRM 344 Key Concepts Module 1

CRM 344 – Key Concepts – Module 1

Overview of the American Justice System
Established primarily on the theories and practices of the British Courts
The most basic principle: A person is innocent until proven guilty
This fundamental philosophy places a tremendous challenge to the State to prove their case
Is essential to protect the rights of the individual

Process of the Court System
Every case must be filed by a prosecuting officer
State or District Attorney (County level)
Attorney General (State level)
U.S. District Attorney (Federal level)
A case is filed under the presumption that an individual has participated in some sort of criminal activity
Police Officer must have probable cause to make an arrest
The person probably did the crime s/he is accused of
For a prosecutor to win in court, s/he must be able to prove beyond a reasonable doubt
Important concept often misunderstood
An arrest by LEO does not automatically mean charges will be filed
A prosecuting officer will review the case and determine if there is enough evidence to reasonably believe that it can be proven in court
Because there is such a large burden on the prosecutor, many cases never make it beyond the arrest because charges are never filed by the prosecutor – “no file”

Every individual has the opportunity to have representation
They can represent themselves
They can have an attorney represent them
Hire a private attorney
If they are indigent (have no money) an attorney will be appointed to them withoutcost
This is done to prevent the government from abusing its citizens
It is easy for an individual to become overwhelmed by the court system
It allows an individual to have someone who is familiar with the court system to fight for them
This preservation of an individual’s rights were fundamental at the birth of the US and secured by being written into the US Constitution through the 6th Amendment
Five Basic Phases of the American Court System
Discovery Phase
First Phase
Begins once a charge is filed by a prosecutor
There are two segments in the discovery phase:
Disclosure: where the defense has the right to view all written reports by LE, witness statements, and any physical evidence that can be used against them.
Depositions: where the defense gets to take a sworn statement from any and all witnesses that can testify in the case. In a deposition, there are usually four people present:
Defense attorney
Prosecuting attorney
Court reporter
Witness

Pleading and Motion Phase
Second Phase
MOTION – where one side or the other makes a formal request for the court to consider an issue
Motion to Dismiss
Motion to Suppress
Motion of Admissibility
A motion is heard in front of a judge (no jury) and they will make the final decision on “law”
PLEA – something the Defense will enter
Guilty
Not Guilty
Nolo-Contendere (“no contest”)
Often the defense and prosecution will negotiate an agreement at this time
A change in the charge
Limit the jail/prison time
Set conditions that the defendant must comply with: usually associated with probation
Trial Phase
Third Phase
Commences if the two parties do not successfully negotiate an agreement
Where both parties present their case, put witnesses on the stand to testify and show physical evidence that supports their position
Once both sides have “rested” their cases, a jury will deliberate (discuss the case) in a secluded room. When they reach a verdict, they will re-enter the courtroom and a foreman will read their decision; the trial is now over.

Appeal Phase
Fifth Phase
In some states, appeals are automatic ~ usually in capital cases
A panel of judges review the case and verify that “due process” was followed and no rules were violated
No attorneys, no witnesses, no jury