Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?

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1 Fall, 2017 F Criminal Litigation Criminal Litigation: Arraignment to Appeal! Something must go wrong.! A wrongful act must occur. How Do We Get A Case?! If the law states that the wrongful act is a criminal act, then the person may be charged with a crime.! If the law does not make that act a crime, no matter how wrongful, no matter how great the harm is, the person cannot be charged with a crime. 1

2 Criminal Wrongs! There must be a criminal statute! Statute must define the wrongful act as a criminal act! The executive branch prosecutes (District Attorney)! The courts (judicial branch) interpret that criminal statute Criminal Act?! Intentional killing?! Sex outside the marriage?! Non-Consensual Sex?! Can a husband rape his wife? Yes, because of statute! A woman wearing a see-through shirt in public?! Disrupting a religious service?! Sexual harassment is it a crime? What is a Crime?! It is a wrongful act against the State. 2

3 Who Are The Parties? Plaintiff: Defendant: What About The Victim? Difference Between Criminal And Civil?! Origin of Law! Statutory! Common Law! Liberty! Prison Crime Felony Criminal Offense Petty Offense Misdemeanor Violation Traffic Infraction 3

4 Class A Class B Class A-I Class A-II Felony Class C Class D Class E Misdemeanor Class A Class B The Basics The start and the end Every action must have a way it starts and a way it ends Start (Commencement of Action) Ends (Termination of Action) 4

5 Statute: CPL 1.20 (16)! Criminal Action:! Commencement;! Pre-Trial and Trial; and! Termination. Criminal Action 1) Commencement: 2) Arraignment: 3) Pre-Trial: 4) Trial: 5) Termination: Commencement: Criminal Action Arraignment: Pre-trial: Trial: Terminates With: 5

6 Stage-By-Stage Stage 1: Commencement! The prosecutor [usually the District Attorney s Office] talk to the arresting officer and get enough facts to:! Determine what criminal charges will be brought (based on facts and law)! What type of accusatory instrument will be filed (based on level of criminal offense)! The People file an Accusatory Instrument [AI] in the local criminal court Stage 2: Arraignment! PURPOSE: To inform the defendant of:! CHARGES: The charges against him/her! RIGHTS: The rights he or she has as the accused 6

7 Stage 3: Pre-Trial! Three Steps! Obtaining Trial Jurisdiction. Conversion to a trial-ready Accusatory Instrument! Disclosure:! Bill of Particulars! Discovery! Pre-Trial Motions (1) Obtaining Trial Jurisdiction! Obtaining Trial Jurisdiction. Conversion to a trial-ready Accusatory Instrument! Misdemeanor! Felony! Grand Jury (2) Disclosure! Bill of Particulars & Discovery! Bill of Particulars:! What in particular did the defendant do?! Discovery:! People show defense attorney! test results,! statements,! exculpatory evidence. 7

8 (3) Pre-Trial Motions! What is a Motion?! A request for a court order! Anything a court can order, the party can move for that relief! Examples:! Motion to Dismiss! Motion to Suppress Evidence Motion Procedure Defendant s Motion If no factual dispute The People s Answer If factual dispute Court Decision GRANT OR DENY Hearing Stage 4: Trial a) Voir Dire b) Openings (People then defendant) c) Evidence (People s case then defendant s case) d) Closing (defendant then People) e) Verdict 8

9 Voir Dire (Jury Selection)! Voir Dire is the Process by which a jury is chosen from a panel! 12 Jurors for a Felony trial! 6 Jurors for a Misdemeanor trial! People go first! Lay out their case Opening Statements! Give a tour of what the jury will hear and see! Defendant goes second! Optional! Usually will talk about what the jury should listen for! Remind them that the defendant is not guilty until they decide the People have met their burden Presentations of the Evidence! People go first! Witness! Direct-Examination! Evidence! Reports! Physical evidence! Cross-Examination 9

10 Presentations of the Evidence! Defendant can go next! Witness! Direct-Examination! Cross-Examination! Defendant testifies?!! Direct-Examination! Cross-Examination Closing Arguments! Defendant goes first! People goes last! Final arguments are not evidence Judge Instructions and Deliberation! Judge instructions in three parts.! General statement of the law that is applicable to all jury trials in criminal cases.! A statement of law as it applies to this particular case.! Instructions regarding the conduct of deliberations. 10

11 Instructions 1. Safeguards: Presumption of innocence 2. Burden of Proof: beyond a reasonable doubt 3. How to evaluate evidence! Testimony (and witness credibility)! Exhibits! Stipulations 4. Individual charges! E.g., assault in the third degree Instructions 5. Jury s Duty to Deliberate 6. Jury Questions During Deliberations 7. Unanimous Verdict 8. Concluding Remarks! Must be unanimous! Guilty; or! Not Guilty Verdict 11

12 What if there is no Verdict?! If the jury cannot come to a unanimous verdict, it is a hung jury and a mistrial! People then have to decide whether to try the case again.! If Misdemeanor! Class A: Up to 1 year! Class B: up to 90 days Misdemeanor Sentence Felony Sentence! Felony: Depends on! What level (Class A1, A2, B, C, D, E)! If classified as a violent felony! If first, second or third felony conviction 12

13 Stage 5: Post-Trial Motions! Defendant can move to set aside the judgment! Judgment = guilty verdict + sentence! Grounds:! Grounds not appearing on the record! Newly discovered evidence (e.g., DNA) Appeal! What is being Appealed?! The lower court s decision.! Appeals in New York can be based on:! Questions of Law! Questions of Fact! Appeals Court can either Appeal Decision! Affirm! Reverse! Modify! Send back for more proceedings! Appeals Court can either! Affirm! Reverse! Modify! Send back for more proceedings 13