(1) The investigation
(2) The charge
(3) Pretrial motions
(4) Trial: The constitution entitled a D to a jury trial if he can be incarcerated on a charge for more than 6mth for the offense. D can waive a jury trial if the prosecution agrees, in which case the judge hears the case as the trier of fact. For most minor offenses, the court will decide the case.
(5) Plea bargain: The gov. and D can agree to a plea bargain under which a D will plead guilty to certain charges, often in exchange for a lower sentence. The agreement requires the D to waive the right to trial and proceed immediately to sentencing. The gov. may demand as a condition of the plea bargain that the D cooperate in its investigation by identifying other wrongdoers against whom the D will testify if the gov. initiates other prosecutions. Sentencing may be postponed until the D fulfills the bargain to testify against others.
(6) The jury instruction: the statement of the law given to the jury at the end of the trial
(7) Motion for a judgment of acquittal: similar to a summary judgment in a civil case, but only a D can seek to have the case dismissed for insufficient evidence.
(8) Double Jeopardy: A D may not be put twice in jeopardy for the same offense, so that if a person is found “not guilty” of a charge, then the government may not pursue that charge in a second proceeding, regardless of the strength of its evidence. Exception is the Dual Sovereignty Doctrine, which permits a different state or the federal government to prosecute a person for the same crime so long as the state or federal government has jurisdiction over the offense.
(9) The basis for an appeal (JECE)
a. insufficient evidence
b. improper jury instruction
c. evidentiary challenges
d. constitutional challenge
2. Statutory basis of criminal law
(1) Criminal Statutes
(2) The model penal code: promulgation of the MPC in 1962. Drafted by the ALI, the MPC has been widely influential in the states in drafting their own penal statutes. Many states have adopted portions of the MPC, and courts frequently refer to its approach as a basis for interpreting
criminal statutes that are not drawn specifically from that source.
(3) interpreting statutory language
(4) studying criminal statutes
(2) The charge
(3) Pretrial motions
(4) Trial: The constitution entitled a D to a jury trial if he can be incarcerated on a charge for more than 6mth for the offense. D can waive a jury trial if the prosecution agrees, in which case the judge hears the case as the trier of fact. For most minor offenses, the court will decide the case.
(5) Plea bargain: The gov. and D can agree to a plea bargain under which a D will plead guilty to certain charges, often in exchange for a lower sentence. The agreement requires the D to waive the right to trial and proceed immediately to sentencing. The gov. may demand as a condition of the plea bargain that the D cooperate in its investigation by identifying other wrongdoers against whom the D will testify if the gov. initiates other prosecutions. Sentencing may be postponed until the D fulfills the bargain to testify against others.
(6) The jury instruction: the statement of the law given to the jury at the end of the trial
(7) Motion for a judgment of acquittal: similar to a summary judgment in a civil case, but only a D can seek to have the case dismissed for insufficient evidence.
(8) Double Jeopardy: A D may not be put twice in jeopardy for the same offense, so that if a person is found “not guilty” of a charge, then the government may not pursue that charge in a second proceeding, regardless of the strength of its evidence. Exception is the Dual Sovereignty Doctrine, which permits a different state or the federal government to prosecute a person for the same crime so long as the state or federal government has jurisdiction over the offense.
(9) The basis for an appeal (JECE)
a. insufficient evidence
b. improper jury instruction
c. evidentiary challenges
d. constitutional challenge
2. Statutory basis of criminal law
(1) Criminal Statutes
(2) The model penal code: promulgation of the MPC in 1962. Drafted by the ALI, the MPC has been widely influential in the states in drafting their own penal statutes. Many states have adopted portions of the MPC, and courts frequently refer to its approach as a basis for interpreting
criminal statutes that are not drawn specifically from that source.
(3) interpreting statutory language
(4) studying criminal statutes
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