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Understanding the Criminal Justice System: 6 Stages to Guide You

3/14/2012

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When you are in the criminal justice system or you are writing about the criminal justice system, it is helpful to know what stage of the process you are in.  Different things happen at different stages, and you should know where you are at any given time.

I have broken down the criminal justice system into 6 basic stages.  I will give a brief synopsis of each stage here.  I will go into each stage in greater detail in future posts.

1.  Crime Stage - This is where the crime occurs.  Crimes may be instantaneous, like a shooting, or may be ongoing, like a sophisticated ponzi scheme.

2.  Investigation Stage - This can occur simultaneously with an ongoing crime.  In most cases, the investigation phase happens after the crime has been committed.  An arrest usually happens during either the investigation phase or charging stage.

3.  Charging Stage - After an investigation is complete, a prosecutor must decide whether to bring charges, who to charge, and what crimes to charge.  This is an important step because it turns a suspect into a formally charged defendant and triggers certain constitutional rights.

4.  Pre-Trial Stage - Once a defendant is charged, the pre-trial stage begins.  The defense attorney will review the prosecution's evidence and may bring motions, such as a motion to dismiss or a motion to suppress evidence.  Witnesses are interviewed and prepared for trial.

5.  Trial Stage - This is where the fun happens.  Most trials are in front of juries, although a judge can hear trials too.  It's up to the defendant.  The prosecution has the burden of proof and will try to introduce evidence to prove the defendant guilty.  The defense need not introduce any evidence.

6.  Post-Trial Stage - After a defendant has been convicted at trial, there are a slew of things that can happen.  Sentencing happens in every case.  The defendant may also bring a new trial motion.  The defendant can appeal, file a petition for a writ of habeas corpus, or petition for clemency or a pardon.

Each of these phases has its own unique challenges, goals, rules, and rights.  I will develop each in more detail in future posts. 

A fictional crime story may take place in one, some, or all of these stages.  Whichever stages your story takes place in, it's critical to understand the rules and purposes of those stages.  I hope you will find this to be a helpful guide on your journey.

In the meantime, make sure to sign up for the FREE eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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Victory in the California Supreme Court!

11/30/2011

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A couple months ago I argued a case in the California Supreme Court.  The Court recently issued their opinion in teh case, and they unanimously affirmed the lower court decision, which means I won.  I can't talk about the specifics of the case here, but just wanted to share the good news!
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Supreme Court to Decide Case About Eyewitness Identifications

11/3/2011

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Yesterday, the United States Supreme Court heard oral arguments in a case where the question is whether an eyewitness identification of the defendant should have been allowed in court. 

Eyewitness identifications are often believed to be among the strongest evidence possible.  If someone says they saw the defendant commit the crime, chances are most people will believe the defendant is guilty. 

Eyewitness identifications are also a common point of drama in crime stories.  A witness looks the defendant in the eye, points from the witness stand, and says, "He's the one.  I'm sure of it."

However, many studies have found that eyewitness testimony is notoriously untrustworthy.  Of 250 exonerations based on DNA evidence, 190 prisoners had been convicted based on mistaken eyewitness identifications. 

That said, identifications are generally only kept out of court when the police used unduly suggestive tactics to get the witness to identify a particular person.  Otherwise, traditional trial protections, such as cross-examination, expert testimony, and jury instructions, are relied on to protect against a jury wrongfully convicting someone based on a faulty eyewitness identification. 

Whether that will continue to be the case will be decided soon by the U.S. Supreme Court in Perry v. New Hampshire. 
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Amanda Knox Case Highlights Different Italian Justice System

10/3/2011

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American college student Amanda Knox was tried and convicted of murdering her roommate and British exchange student, Meredith Kercher.  Knox and Kercher were both studying in Perugia, Italy.  Knox and her boyfriend, Raffaele Sollecito, who was also convicted of the murder, have appealed their convictions.  The appeal is now being considered.

The Knox case highlights a few of the differences between the Italian appeal process and the American apellate system. 

First, in Italy, the parties are allowed to present new evidence to the court on appeal.  In Amanda Knox's case, experts testified about flaws in the DNA evidence.  In America, an appeal strictly reviews what happened in the trial court.  No new evidence is permitted.  If new evidence in the case is uncovered, it may be brought in a writ of habeas corpus.

Second, the defendants in an Italian appeal are permitted to make statements.  Knox proclaimed her innocence and pled with the jurors for her freedom today.  Such statements are unheard of in an American appeal, or even at trial. 

On appeal in America, the attorneys for each side present legal arguments primarily in written briefs.  The attorneys may then give oral arguments to the court, but even that is sometimes optional.  Just as there is no new evidence permitted, no witnesses or statements may be heard.  Even in an American trial, a defendant may not make a statement unless he or she testifies, as any other witness, and submits to cross-examination by the other side.

Finally, an Italian appeal is decided by eight "jurors."  The jurors consist of six members of the public and two judges, including the judge who presided over the appeal.  In America, an appeal is decided solely by judges.  There are no jurors involved.  There is usually a panel of three judges in the intermediate appellate court.  There may be as many as seven or nine judges in the highest court.  The California Supreme Court has seven justices, for example, and the United States Supreme Court has nine.

In short, an Italian appeal is more like a second trial, whereas an American appeal is a strict review of the original trial.
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"I'm Going to Appeal"

8/31/2011

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"I'm going to appeal."  Those words have been uttered by thousands of criminal defendants recently convicted of a crime.  Unfortunately for most, by that time, it's too late. 

A criminal defendant's best chance of winning, or at least getting a good deal, has already passed.  Most appeals end with the conviction being affirmed (upheld).

In California, the recent reversal rate for state criminal convictions was about 4%.  That means of all the defendants who got convicted and appealed, only 4% got their case sent back to the trial court.  Defendants convicted in federal court had a slightly better chance, with about a 6% reversal rate.  That rate is closer to 7% in the Ninth Circuit, which includes California's federal courts. 

Of course, getting a case reversed doesn't mean the defendant was innocent.  Many reversals are because there was a serious problem with the way the trial was conducted, or to correct a problem with the sentence.  The defendant may not be any better off at the end of the day.
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    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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