CALIFORNIA’S CRIMINAL JUSTICE SYSTEM 101: Part 5
Last year we presented a series of explainers on the criminal justice process in California. We laid out what it means for the government to have jurisdiction over people (Part 1: Jurisdiction). We then outlined how the criminal justice process begins with an arrest by the police (Part 2: Criminal Justice Process) followed by a decision by the district attorney whether to prosecute (Part 3: The Prosecution). Next we walked through the legal proceedings that occur before trial (Part 4: Before the Trial). We continue the series now by explaining what happens in a criminal trial.
CONSTITUTIONAL RIGHTS PERTAINING TO CRIMINAL TRIAL
One of the most fundamental rights that we as citizens have is the right to a trial by a jury anytime the government is threatening to take our liberty away. Not only do we have a right to a trial by jury, but we also have a right to due process. This includes several of the most important rights we have as individuals in our democracy. The rights, expressly stated in the Bill of Rights of the U.S. Constitution, include the following rights – all pertaining to criminal procedure:
Fourth Amendment
Guarantees that we are free of unreasonable searches and seizures both of you as an individual and of your private property. In other words, the police cannot search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason for the search.
Fifth Amendment
Guarantees the right to due process of law, freedom from self-incrimination, and double jeopardy. In other words, you have certain procedural rights that must be followed before the government can take your liberty or your property. In addition, you cannot be forced to admit you broke the law or testify in court against yourself. Finally, you cannot be tried for the same crime if you were already found not guilty by a judge or jury following a criminal trial. The prosecutor has only one shot to prove you are guilty.
Sixth Amendment
Guarantees the right for everyone for a speedy and public trial, by an impartial jury, to be informed of the nature and cause of the accusation and to be confronted with the witnesses that are accusing you of the crime. In other words, you can always request a jury trial and you have the right to cross-examine the witnesses who are accusing you of wrongdoing. Finally, the trial must take place within a reasonable time so that the government cannot simply accuse you of a crime, lock you up pending trial and then keep you there for as long as they want.
Eighth Amendment
Guarantees that the court cannot impose excessive bail or jailtime that is unreasonable or use cruel or unusual means of punishment that are averse to the norms of our modern society, such as torture.
THE TRIAL PROCESS
STANDARD OF PROOF
In order to convict someone of a crime, the prosecution must prove guilt beyond a reasonable doubt. This is called the standard of proof.
TRIER OF FACT
The trier of fact is the person who decides questions of fact in the proceeding. The criminal defendant has a choice of having either the judge or a jury decide the case. Either way, the judge will be the “manager” of the trial. If the defendant chooses to have the judge make the final determination of guilt or innocence, it is called a “bench trial.” If the defendant proceeds with a jury, it is called a “jury trial”.
ORDER OF PROCEEDINGS
Opening Statements
Both the prosecutor and the defense attorney lay out their case for the trier of fact.
Prosecution’s Case
a. Calling of witnesses by the prosecution
b. Cross examination by the defense
Defense’s Case
a. Calling of witnesses by the defense
b. Defendant’s right to testify or not
As mentioned above a defendant cannot be forced to testify. Similarly, if a defendant chooses not to take the stand and testify, his silence cannot be used against him as an inference of guilt.
c. Cross examination by the prosecution
Closing Arguments
Both sides, beginning with the prosecution, sum up each of their cases and argue how they interpret the evidence or lack of it that they believe justifies a finding in favor of their client. The prosecution then makes a final rebuttal argument.JURY VERDICT OR JUDGE’S FINDINGS
a. Mistrial
This occurs when the trial is rendered invalid due to an error made during the proceedings or when the jury cannot agree on a verdict (called a hung jury). Examples of a mistrial could be if a juror or attorney dies before the end of the trial, a fundamental error that is so prejudicial against the defendant that it cannot be cured, or if, during trial, the court finds out a juror was improperly selected and there is no alternative to take his or her place.
b. Not Guilty
If the defendant is found not guilty, the case is over and the defendant is released from custody (if he or she was in custody). And as mentioned earlier, because of the constitutional standard of double jeopardy, the prosecutor cannot try the defendant again for the same crime or based on the same facts and circumstances.
c. Guilty
If the defendant is found guilty, the judge picks a date in the future for sentencing.
In Part 6, we will explain the sentencing process and the judge’s power to decide the appropriate punishment.
