Criminal Court Process
John was arrested and charged with murder for killing his neighbor Jacques during a struggle involving a gun. Questions: 1. Describe the criminal court process of this case from the arrest to the trial, including the role of the prosecution, the role of the defense attorney, the role of the judge, and the role of the jury. John will be arrested and read his Miranda rights (You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you. ) John will then be brought to the police station where he will be booked. The defendant will be given a bail if any. If no bail the defendant will wait in jail into arraignment. Once the defendant is at the court he will meet with probation to determine his financial situation. (To show if john is indigent or not). If not john will have to pay for if own counsel. The defendant will appoint counsel for arraignment. The defendant will be informed of the criminal charges (first degree murder) against him.
The defendant will then enter a plea of and a guilty, not guilty or nolo contendere plea. (The defense attorney should meet with his client to discuss the case and facts. ) A pretrial motion date or speedy trial date will be set. This when the defense attorney will have the opportunity to file motions to suppress the evidence. 12 to 7 juror are selected to hear the facts of this case. (If the case is a high profile case the juror will be sequestrated. ) Prosecution opening statement, (The state presents its case. The burden of proof is of the prosecution. Defense opening statement. Witnesses and evidence is present and crossed-examined if any. Defense closing argument, prosecution closing argument. If the prosecution has proven their case the defendant will take a plea for a lesser charge. The judge will instruct the jury and explain procedures. The jury will deliberate and make a verdict of guilty or not guilty. The juror will inform the court of their verdict. The judge will then enforce the jury’s decision and sentence the defendant or set a date for sentencing.