Criminal Law: Rights, Evidence, and Procedures

Posted on Dec 18, 2024 in Law & Jurisprudence

Defendant’s Rights

A criminal defendant has the following rights:

• Presumption of innocence
• Right to legal counsel
• Right to a fair and public trial
• Right to confront witnesses
• Right to remain silent
• Right to due process
• Protection against double jeopardy
• Protection against unreasonable searches and seizures
• Protection against cruel and unusual punishment
• Right to appeal

Presentation of Evidence in a Criminal Trial

The evidence can be presented in a criminal trial:

• Physical evidence
• Documentary evidence: Documents such as emails, text messages
• Testimonial evidence: Witness or expert statements
• Circumstantial evidence: Relies on inferences and logical conclusions
• Forensic evidence: Scientific techniques and analysis conducted by forensic experts can provide evidence in criminal trials
• Character evidence: Evidence on an individual’s personality traits, propensities, or moral standing

Determining Guilt in a Criminal Trial

In a criminal trial, the responsibility of determining the defendant’s guilt lies with the trier of fact, which can be a jury or a judge, depending on the legal system and jurisdiction.

• Jury Trial: A group of impartial jurors listens to the evidence and arguments from both sides, deliberates privately, and delivers a unanimous verdict of guilty or not guilty. If they cannot agree, it may result in a hung jury, and the case could be retried.

• Bench Trial: In this case, the defendant waives their right to a jury, and the judge decides. The judge evaluates the evidence and arguments to render the verdict.

Consequences of a Guilty Verdict

If a defendant is found guilty in a criminal trial, the consequences depend on the offense, jurisdiction, and case specifics:

1. Sentencing: The judge determines the punishment, which may include fines, probation, imprisonment, or community service.
2. Appeals: The defendant can appeal the verdict if legal errors occurred or new evidence emerges.
3. Penalties: Sentences may involve incarceration or alternatives like house arrest or community service.
4. Rehabilitation: Defendants may access programs for education, counseling, or vocational training to aid reintegration into society.

Criminal Procedure: Spain vs. USA

Types of Crimes

1. Manslaughter: Killing unintentionally due to negligence or an illegal act
2. Bribery: The receiving or offering of money or anything of value by or to a public official in order to influence his behavior
3. Murder: Killing with intention; it involves ‘malice aforethought’
4. Robbery: Theft with force or the threat of force
5. Blackmail: Unlawful demand of money under threat
6. Burglary: Entering a building unlawfully and stealing
7. Assault and battery: Threatening and physically injuring somebody
8. Insider dealing: Using information that is not available to the public to buy or sell securities in order to make a personal gain or avoid a loss
9. Forgery: The act of making, adapting, or imitating objects, signatures, or documents with the intent to deceive or defraud
10. Embezzlement: Illegal use for one’s own purpose of money that has been entrusted into your care by an organization or company for which you work
11. Arson: Deliberately setting fire to something with the aim of destroying it
12. Aiding and abetting: Assisting in carrying out a crime
13. Money laundering: Process of concealing the true origin and ownership of money made through criminal activities
14. Theft: Taking property which belongs to another

Roles in a Criminal Trial

• Role of the prosecutor: Brings charges against the defendant and tries to convince the jury that the accused is guilty.
• Role of the defense attorney: Fights back the prosecutor and forces the government to prove each element beyond a reasonable doubt.
• Role of the judge: The judge is an umpire; he is supposed to make the legal rulings, determine what evidence is admissible, and will also tell the jury what the law is.
• The opening statement: This is how the trial begins and is the juror’s orientation to the particular case. The party that begins in the trial is the prosecution, who makes an opening statement; the defense may or may not make it. It is a chance for the lawyers to tell the jurors what they think the evidence is going to show.
• The direct examination: The questioning of the witnesses by the prosecution.
• Cross examination: The questioning of the witnesses of the prosecution by the defense. *During witness testimony, it must be taken into account the demeanor, not only evaluating what the witness says but also credibility.
• The closing arguments: A summary of the trial. The prosecution reminds the jury of the evidence presented while the defense tries to convince them how it didn’t fit together.
• Final instructions: Given by the judge and sets the framework for deliberation. The jury goes to the jury room, and they decide whether the accused is guilty/not guilty or liable/not liable. If the jury finds for the plaintiff, they will also decide the amount of damages the defendant must pay.
• A hung jury: When the jury doesn’t reach a verdict, and a mistrial is declared.

Types of Evidence

• Physical Evidence:
  1. Latent fingerprints
  2. Biological
  3. Conditional
• Documentary Evidence:
  1. Records
  2. Graphs
  3. Audio recordings
• Digital Evidence:
  1. Residual Data
  2. Volatile data
  3. Archives
• Circumstantial evidence: Indirect evidence. Evidence that does not directly prove a fact in dispute but allows the fact-finder to draw a reasonable inference about the existence or non-existence of a fact based on the evidence. When a piece of evidence is presented in court, it becomes an exhibit.
• Hearsay: The report of another person’s words by a witness, which is usually disallowed as evidence in a court of law.
• Discovery: The need of both parties to show, before the trial, the evidence and witnesses they are going to use.

Types of Witnesses

• Eyewitness: Before the trial, he may be asked to identify the suspect from a group of people known as a lineup or from a group of photos known as a photo lineup or mugshots. At the trial, the witness takes the stand, and the witness answers questions about what he or she saw. This is called to testify or give testimony. The witness swears to tell the truth and testifies under oath; not telling the truth is a crime called perjury. After answering questions on the stand, the witness may be asked questions by the other party (a witness for the defense may be asked questions by the prosecution); this is called crossed-examination. The witness might agree to testify or might receive an order to testify; this order is called a subpoena.
• Expert witness: A witness that has superior knowledge to the average person about the topic they will testify about. Some common expert witnesses would be medical experts, financial analysts, or forensic scientists.
• Character witness: This witness has to show that the accused is less likely to have committed the offense because he or she is a person of good character. Its mission is to help the judge decide which sentence or punishment to impose in the case of someone who has already been convicted.

Criminal and Civil Defenses

The counsel for the defense may use certain arguments to either obtain a favorable ruling in a civil case or an acquittal or a reduced sentence in a criminal case.

These defenses vary depending on the jurisdiction:

• Self-defense: A person uses reasonable force to protect himself from an attack of an aggressor.
• Duress: A person has been forced to act by threats of bodily harm.
• Necessity: A person is compelled to break the law in an emergency situation.
• Insanity: A person has a psychological disorder that makes him or her incapable of understanding right from wrong or prevented him from controlling his or her actions.
• Alibi: Proof that a person was in a different place at the time of the crime.

The Elements of a Crime

• Mens Rea: Means guilty mind and establishes the intent and awareness of consequences. Must prove the individual intent to commit the crime and that a reasonable person would have been aware of the consequences.
• Actus Reus: Means guilty act and establishes the physical act of committing the crime. To prove guilt can use physical evidence, witness testimony, and forensics. Must also prove causation that involves establishing a direct connection (between actions and crime) and differentiating from unrelated events (actions from events that may have led to the crime).