Three procedural areas to be examined:

*Pre-Trial procedure

*Trial Procedures

*Post-Trial Procedures
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Pretrial Procedures in Criminal Trials

Based upon the complaining witness statement to police and subsequent investigation by police and D.A.’s office, an indictment can be issued by a grand jury (in the case of major felonies), or an information can be issued by the prosecutor.

Based upon the indictment or information, an arrest can be made.

The arrest is the first formal notification to the defendant.

Next, at the arraignment, the criminal charges are orally presented and a plea (of guilty or not guilty)is entered by the defendant.Also at the arraignment bail can be set.

A pleading is generally written paper filed in court.

During the pre-trial phase, different motions may also be filed. A motion is a formal way of bringing a matter to the court’s attention. Motions may be presented orally to the judge or written.
 

Common Pre-Trial Mothions:

Motion to dismiss : When the defense attorney beleives that there is not enough evidence to support the charge(s).

Motion for change of venue: When the defense attorney beleives that pre-trial publicity has infringed upon the right of the defendant for a fair trial.

Motion to suppress evidence: If the attorney beleives 4th & 5th amendment rights have been violated.

Specific motions may be brought as the facts of the case warrant. Specific motions are an important way to ensure procedural fairness.

Motions for translators, motions for the appointment of expert witnesses.
 
 
 

Discovery: The process by which both sides in the case exchange information concerning the evidence and witness list that each side plans to use during the trial phase. The prosecuto must reveal to the defense any evidence that could be exculpatory.

Plea Bargaining: Prosecutor and Defnese can agree to enter a guilty plea for a lesser charge or reduced sentencing. Plea - Bargaining can occur both before and during the trial.
 
 

Pre-Trial Procedures for Civil Cases

The process begins when the plaintiff(s), or their attorney files a complaint.

The plaintiff also has the legal responsibility of notifying the defendant with a summons.
 

Process Servers : individuals whose job it is to deliver summons.
 

The defendant doesn’t have to appear in court automatically. Defendants can file a written answer to the complaint, file for dismissal of the complaint, or files a counterclaim against the defendant.
 

Discovery of evidence: Depositions (sworn testimony) and Interrogitories (questions issued by one side which must be answered by the other side), and exchange of documents, and physical examination of parties and available evidence all take place.
 

Informal Resolution : Private negotiations, mediation, or agreement for arbitration can all occur before trial.
 

Common Pre-Trial Motions in Civil Cases:

Motion to Dismiss complaint: For unfounded or malicious lawsuits.

Motion for summary judgement : When there are no factual issues for a jury to decide, the judge can rule on the complaint without having the case presented to a jury.

Motion in limine : a motion to exclude certain evidence.
 

Trial Procedures

Federal Rules of Evidence: uniform regulations for the admission of evidence at criminal and civil trials. These rules apply to all federal courts and many state courts. Other state run courts have their own (but largely similar) rules of evidence.

These rules apply to both Criminal and Civil cases.
 

Jury Selection: 8 Qualifications: U.S. citizen, at least 18 years of age or older, residence in the presiding district for at least one year, ability to read, write, speak, and comprehend english to satifactorily fill out the juror qualification form, being physically and mentally capable to serve on the jury, and having no prior felony convictions and no pending criminal charges.

A venire is the pool of jurors which the two sides have to pick a jury from.

Both sides argue over who to select for jury in a process known as Voir Dire.

Potential Jurors can be removed through the use of challenges.

Challenges can be preemptory (automatic) or made for cause, due to the beleif that a juror can not be impartial.
 

Once the jury has been slected, the trial moves on to:

Opening Statements: The prosecutor or plaintiff makes the opening statement, because they hold the burden of proof. The opening statement is a preview of the case to be presented.

Presentation of evidence: The order of proof dictates that once again, the prosecutor or plaintiff begins the case. The Defense follows, and the prosecuter can follow the the defense in order to rebut evidence presented by the defense. The rebuttal phase may not be used to present new evidence, only cast doubt on assertions made during the defense’s presentation of evidence.

Following the prosecuters presentation of evidence, the defense can ask for a directed verdict, in which the judge can decide that there is insufficent evidence to support a conviction

Following both sides presentation of evidence and rebuttal, closing arguments are made.

In closing arguements, or summation, attorney’s summarize the case, organized in the most persausive ofrm then can muster, and argue the practical implications. The order of presentaion is identical to that used in presentation of evidence.
 
 

Jury Instructions: Although law allows the judge to give instructions to the jury both before and after closing arguements, they usually wait until after closing arguements have finished. The judge reads the legal rules which must guide their verdict. Some studies suggest that juries typically understand about half of the juries instructions.

Jury Deliberation : The jury must reach a unanimous decision is most cases concerning the guilt or
innonence (criminal trial) or the culpability (civil trial) of the defendant.
 

Post-Trial Proceedings

If the Jury decides "Not Guilty" or rules against the plaintiff, the trial is over.

Double Jepopardy means the individual can not be prosecuted twice for the same crime in the same jurisdiction.

However, Civil and Criminal courts are two different venues, and State and Federal courts also represent two different venues.

Common Post-Trial motions:

Motion for a new trial : Defendant tries to specify errors made during the criminal proceedings. The trial judge decides on this motion. Granting a new trial does not violate the double jeopardy clause.

If the jury remains deadlocked, the judge could issue a mistrial, which can also result in a new trial.
 
 

Sentencing : Sentencing guidelines and mandatory minimum sentences freqeuntly control what criminal sanction is placed upon any individual crime.

Based upon these guidelines, prosecutors recommend a particular sentence to the judge, but the judge has the final decision.

The Sentencing Reform Act of 1984 removed a good deal of judicial leeway in assigning sentences.

Appeals : appeals help to insure that the trial proceeded in a fair and unbiased manner. Most always made after the final judgement in a case has been made.

An interlocutory appeal is an appeal made before final judgement is made.

Either side can appeal the decision.

Written briefs prepared by both sides sum up the appeal for the court.

If the appeal involves a simple dispute, the appeals court may issue a per curiam decision, which is unsigned.

If there is a substantial dispute, the court may offer a signed opinion expressing the majority view of the court. Sometimes, other judges write dissenting opinions.

The number of appeals allowed varies by state and offense. For example, in capital crimes, the first appeal is almost always automatic.

In addition to to state and federal appelate courts, parties can also appeal directly to the U.S. supreme court.

The supreme court, however, gets to choose which appeals to hear. This is referred to as a review by certiorari.