Gather evidence

Arrest warrant

Booking – finger prints, picture, possible lineup

Habeas corpus – prisoner must be brought before the court and an explanation must be given for why they should not be released

Formally charged before a judge – 24 hours

Judge sets a preliminary hearing date

Bail

Habeas corpus cannot be suspended unless “when cases of rebellion or invasion the public safety may require it”. (Article I, Sec 9)

Prohibits bills of attainder Punishment without a court trial

Prohibits ex post facto laws Law applied to an act committed before

the passage of the law

Purpose – review prosecution’s case to determine if there is enough evidence to proceed (5th Amendment)

Grand jury – group of 16 – 23 citizens

Preliminary hearing – judge

Indictment – formal charge

90% of cases

Plead guilty to lesser crime to avoid trial and earn a lighter sentence

Formal charge read in open court

Defendant pleads either: Not guilty Guilty No contest – agree to waive trial and

accept punishment of a guilty plea

6th Amendment - speedy, public, impartial jury Speedy Trial Act 1974 – 100 days from arrest Jury drawn from state/district where crime

was committed, from a fair cross section of community

Can waive jury trial rights

5th Amendment No double jeopardy Don’t have to testify against yourself

“Beyond a reasonable doubt”

Unanimous decision

Hung jury – no verdict can be reached, as if trial never happened

Judge typically determines punishment

Law sets minimum and maximum sentencing

Prison time, fines, community service

Two Stage Approach – deemed constitutional in Gregg v. Georgia (1976) First trial determines guilt or innocence Second proceeding determines whether

death penalty is warranted

Restrictions: Mentally challenged, under age 18,

delusional Jury who convicted must decide