when does the prosecuting attorney get involved in a murder case?

Full Answer

How does a prosecutor get involved in a homicide case?

For prosecutors to have input during the investigative stage of a homicide or other serious case, they must be notified by the police that a crime has occurred and when a suspect is in custody. This process varies from jurisdiction to jurisdiction and may often hinge on the nature of the relationship between the prosecutor and the police.

When does the prosecuting attorney decide what charges to file?

If the jurisdiction is one in which the prosecuting attorney becomes involved pre-arrest, the prosecuting attorney generally decides whether and what charges to file; only after such determination does an arrest take place.

What must the prosecutor prove to convict a defendant of murder?

First and foremost, a defendant must have acted in a way that caused the death of another person. Secondly, the prosecutor must show that the defendant acted with "malice." Lastly, a prosecutor must prove that a defendant acted without a justifiable reason. The law is very complicated however.

What are the Prosecutor’s duties in a criminal trial?

The prosecutor’s duties in trial include: Voir Dire (Attorneys are permitted to converse with prospective jurors to try to eliminate jurors who, for one reason or another, seem unlikely to be fair to their respective clients)

At what point are prosecutors most likely to file charges?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

Do prosecutors always present their case first?

The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.

Who decides what cases to prosecute?

ProsecutorsThey have what is called "prosecutorial discretion." Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record, in deciding whether and what to charge.

What is the sequence of events in a criminal case?

It explains the steps in case processing, starting with apprehension and arrest, prosecution and pretrial services, adjudication, sentencing, and corrections.

Why does the prosecution go first?

The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.

What are the 14 steps of a trial in order?

Terms in this set (14)step 1: pre-trial proceedings. ... step 2: jury is selected. ... step 3: opening statement by plaintiff or prosecution. ... step 4: opening statement by defense. ... step 5: direct examination by plaintiff/ prosecution. ... step 6: cross examination by defense. ... step 7: motions to dismiss or ask for a directed verdict.More items...

Who prosecutes a murder trial?

Unlike civil cases, criminal cases are not pursued by an individual. Rather, it is prosecuted by an attorney who works for the government. In state cases, the prosecutor is generally a District Attorney. In federal cases, a U.S. Attorney will try the case.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What does the prosecution need to prove for a person to be convicted of a criminal Offence?

beyond reasonable doubtProving the accused's guilt beyond reasonable doubt is the high standard of proof the Crown must achieve before you can convict [him/her] and the words mean exactly what they say — proof beyond reasonable doubt.

What are the five stages of the criminal justice process?

The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.

What are the 7 steps of a trial?

7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. ... Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ... State's Case in Chief. ... The Defense Case. ... State's Rebuttal. ... Closing Arguments. ... Verdict.

What four events signal the initiation of a criminal prosecution?

The Criminal Court Process in Californiainvestigation and arrest,arraignment,a pre-trial process (which may involve discovery, motions, and plea bargains), and.trial.

What is the role of a prosecuting attorney?

and defend, on behalf of the state or county, all actions or proceedings, civil or criminal, in which the state or county is interested or is a party.". In most of these states the jurisdiction of the prosecuting attorney.

What is the duty of a prosecuting attorney in Indiana?

not only with the health of persons but also with that of live stock. In at least four states the prosecuting attorney is charged with the. duty to prosecute any person who practices as a veterinarian without. a license,70 and in Indiana it is his duty to aid the state and county.

What does an attorney have to attend to?

attorney must attend to are the classification of eggs, the adulteration. of cider vinegar, unclean bakeries, the apple marketing act, the laws. regulating the sale of oleomargarine, laws concerning the standard. weight and sale of bread, and the pollution of water.48 In several.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

Why do prosecutor files shoplifting charges?

For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups.

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Can a police officer file charges based on probable cause?

Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a broader perspective.

What does a prosecutor have to prove?

Secondly, the prosecutor must show that the defendant acted with "malice.". Lastly, a prosecutor must prove that a defendant acted without a justifiable reason. The law is very complicated however.

What is the most serious crime in California?

Murder is considered the most serious criminal offense a person can commit. Under California Penal Code Section 187, murder is defined as "the unlawful killing of a human being, or a fetus, with malice aforethought.". Facing charges of murder can be terrifying.

What is the pretrial process after arraignment?

After arraignment and before trial, the defendant and the government engage in the discovery and motions process. Discovery is the pretrial process by which the defendant and—to a more limited extent—the prosecutor can demand information and material about the case from the other party. In addition, the defense and prosecution usually engage in ...

What happens if a grand jury returns an indictment against a suspect?

If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.

What is restitution in criminal law?

Restitution is a monetary payment made by an offender to the victim to compensate the victim for the financial harm caused by the crime. In some cases, restitution is a mandatory component of the sentence, and the judge must order to offender to pay it.

What is a probation officer?

But before the court does so, a probation officer will conduct a background investigation. The probation officer will investigate any aggravating and mitigating factors present in the case and will prepare a pre-sentence report summarizing those factors for the judge. Most reports contain a variety of information that may be helpful to the court: e.g., information about the offender’s prior criminal record, personal characteristics, financial condition, social history, and circumstances affecting his or her behavior, as well as information regarding the effect of the crime on the victim.

How does the guilt phase work?

The guilt phase generally begins with the prosecutor’s opening statement. The defense has the option of making its own opening statement immediately afterwards or reserving its opening statement for the beginning of its case-in-chief. The prosecutor then presents the government’s proof through physical evidence and witnesses. The defense is entitled to cross-examine any witnesses questioned by the government. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. Following the defense case, the prosecutor may present evidence to rebut the defendant’s case. Once the prosecutor concludes its rebuttal case, the defense again can move for an acquittal. If the court denies that motion, the parties present their closing arguments: first the prosecutor, then the defense, and finally the prosecutor again (the government goes first and last because it has the burden of proof). Following closing arguments, the judge will instruct the jury on the relevant law for it to apply. Afterwards, the jury will retire to decide the case. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. If there is no jury, the judge will deliberate and return a verdict.

How soon after arrest can you make an initial appearance?

This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent.

What is the purpose of a federal investigation?

If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:

Joseph Briscoe Dane

Yes, they can view the crime scene (and often do). They need to be careful so as to not get involved in the investigation itself.

Howard Woodley Bailey

Yes, prosecutors frequently come out to the scene of a case they are prosecuting, although this is typically done after the initial investigation during preparation for trial. (Your posting is unclear whether you are talking about being on scene during the immediate investigation aafter the incident, or at some point thereafter). Good luck...

What is the pretrial process by which the prosecutor and the defendant exchange information and material about the case?

Discovery & Motion Practice: Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdiction’s rules of criminal procedure.

What are the steps of a criminal investigation?

Here are some common steps of a criminal investigation and prosecution. Copy Link. Pre-arrest Investigation: Pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made.

What happens at an arraignment?

At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released.

What is a preliminary hearing in a felony case?

Preliminary Hearing: A felony case may also be commenced by a preliminary hearing held within a reasonable time of the filing of the information. If commenced by a preliminary hearing, the defendant has the right to be present and to be represented by counsel at such hearing.

What evidence can be presented at a felony hearing?

At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant. This evidence can include testimony, including that of the victim.

What is a motion by the defense?

Motions by the defense may include motions to dismiss the indictment, to suppress evidence, or to introduce specific evidence at trial such as “rape shield” evidence. Motions by the state may include a request for reciprocal disclosure or a request for defendant to disclose alibi or psychiatric evidence.

What is the role of a grand jury in a criminal case?

As part of its investigation, the grand jury has the power to compel testimony, including the testimony of a crime victim.

What happens if your defense attorney fails to investigate your case?

Your defense attorney failed to fully investigate your case and exculpatory evidence comes to light that a competent attorney would have discovered earlier. Your plea was entered by your attorney without your consent. You were denied a fundamental right such as the right to have an attorney.

How many criminal cases end in pleas?

About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in matters where one side will not accept a plea offer if one is offered and/or the defense believes that the prosecutor cannot prove its case.

What is plea bargain?

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.

What is the effect of Alford plea?

An adverse consequence of an Alford plea is that a probation officer and judge may feel that your failure to take full responsibility for your conduct weighs against a lenient sentence. This a matter to be discussed with your defense attorney.

What is a plea agreement?

A plea agreement must be approved by the court. In rare situations, a judge will reject an agreement made by a prosecutor and defense attorney requiring a renegotiation of the plea. The Plea Must Be Voluntary.

What is a plea to set charges?

A plea to set charges in exchange for not adding other charges. An agreement to reduce the sentence based on the defendants’s lack of a record or weakness of the evidence. A plea to a set of charges in return for a reduced or alternative sentence in exchange for information or to testify against other defendants.

What are the rights of a jury?

Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.

What is the focus of a criminal case?

An incident that becomes the focus of a criminal case usually begins with an investigation by an officer in a law enforcement agency, such as the Federal Bureau of Investigations (FBI), local police department, or county sheriff.

What do police officers do in a criminal case?

In these cases, officers will interview witnesses, collect physical evidence (like fingerprints, carpet fibers, and bullet casings) and biological evidence (such as blood, hair, and bodily fluids). Officers document their investigations with photographs, videos, and written reports that they submit to prosecutors.

What is the grand jury's charge?

The grand jury is a constitutional requirement only for felony crimes prosecuted by the federal government.

What is a warrant in law enforcement?

A warrant is an official document, signed by a judge. An arrest warrant authorizes officers to take a defendant into police custody. A search warrant authorizes police officers to search for specific objects or materials at a definite location.

What is the purpose of probable cause in an arrest?

An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

How many jurors are there in a trial?

Jury trial procedures vary depending on which court is hearing the case, but most trials begin with jury selection, when both sides select six to 12 jurors from a pool of potential jurors. After jury selection, the prosecutor and defense attorney give the jury a preview of the evidence in their opening statements.

What is an arrest warrant?

Arrest warrants typically identify the crime for which a judge has authorized an arrest, and might restrict the manner in which an officer can make an arrest. For example, an arrest warrant might state that officers can arrest a suspect "only between the hours of 8 a.m. and 6 p.m.".

Adversarial Justice System

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