29K: Discuss the American criminal justice system to

include due process of law and functions of

Grand and Petite Juries.

29K: Discuss the American criminal justice system to

include due process of law and functions of

Grand and Petite Juries.

http://www.nvcap.org/http://www.nvcap.org/

Jury SystemJury SystemA jury is a body of persons selected according to law who hear evidence and decide questions of fact in a court case.

There are two different types:Grand JuryPetit Jury

A jury is a body of persons selected according to law who hear evidence and decide questions of fact in a court case.

There are two different types:Grand JuryPetit Jury

Grand JuryGrand Jury

Its major function is to determined whether the evidence against a person charged with a crime is sufficient to justify a trial.

Used only in criminal proceedings.

Its major function is to determined whether the evidence against a person charged with a crime is sufficient to justify a trial.

Used only in criminal proceedings.

Petit JuryPetit Jury

It’s the trial juryUsed in both civil and criminal cases.

Hears the evidence in a case and decides the disputed facts.

It’s the trial juryUsed in both civil and criminal cases.

Hears the evidence in a case and decides the disputed facts.

Petit Jury may also have the power to interpret and apply the law, but this is usually the function of the judge.

Misdemeanor cases are often heard without a jury, in a bench trial, by the judge alone.

Petit Jury may also have the power to interpret and apply the law, but this is usually the function of the judge.

Misdemeanor cases are often heard without a jury, in a bench trial, by the judge alone.

In several States, even the most serious crimes may be heard without a jury if the accused, fully informed of his or her rights, waives the right to trial by jury.

In several States, even the most serious crimes may be heard without a jury if the accused, fully informed of his or her rights, waives the right to trial by jury.

WarrantWarrant

A warrant is a court order authorizing some official action.

Search warrant and arrest warrants are the most common.

A warrant is a court order authorizing some official action.

Search warrant and arrest warrants are the most common.

Preliminary HearingPreliminary HearingGenerally the first step in a major criminal prosecution.

Here, the judge decides if the evidence is, in fact, enough to hold that person for action by the grand jury or the prosecutor

Generally the first step in a major criminal prosecution.

Here, the judge decides if the evidence is, in fact, enough to hold that person for action by the grand jury or the prosecutor

Municipal CourtsMunicipal Courts

Organized into divisions which hear cases of a given kind- for example, civil, criminal, small claims, traffic, and probate divisions.

Organized into divisions which hear cases of a given kind- for example, civil, criminal, small claims, traffic, and probate divisions.

Juvenile CourtsJuvenile Courts

Minors (under 18 years of age) who are arrested for some offense, or who otherwise come to the attention of the police or other authorities, may appear in juvenile courts

Minors (under 18 years of age) who are arrested for some offense, or who otherwise come to the attention of the police or other authorities, may appear in juvenile courts

General Trial CourtsGeneral Trial Courts

Most of the more important civil and criminal cases heard in the U.S are heard here.

They exercise orignal jurisdiction over most of the cases they hear.

Most of the more important civil and criminal cases heard in the U.S are heard here.

They exercise orignal jurisdiction over most of the cases they hear.

The cases heard in trial courts are tried before a single judge.

Most often a petit jury (the trial jury) hears and decides the facts at issue in a case, and the judge interprets and applies the applicable law.

The cases heard in trial courts are tried before a single judge.

Most often a petit jury (the trial jury) hears and decides the facts at issue in a case, and the judge interprets and applies the applicable law.

Criminal cases are presented for trial either by a grand jury or, most often, on motion of the prosecuting attorney.

Criminal cases are presented for trial either by a grand jury or, most often, on motion of the prosecuting attorney.