4TH LAW GUIDE

(1) PARTS OF A CRIMINAL CASE

 Arrest
 Booking
 Bail: Cash or check, Property Bond, Surety Bond, P.R Bond.
 Arraignment
 Plea Bargain
 Preliminary hearing
 Pre-Trial motions
 Trial:
- Jury selection
- Opening statement
- Examination
- Cross-examination
- Closing argument
- Jury instruction
- Jury deliberation
- Verdict
 Sentencing
 Appeals

(2) CRIMINAL LAW AND PROCEDURE

Inquisitorial System:

 The judge is responsible for supervising the gathering of the evidence

necessary to resolve the case, and actively directs the search for
evidence and questions the witnesses, including the defendant.
 Attorneys play a more passive role, suggesting routes of inquiry for
the judg and following the judge's questioning with their own brief
questions.
Accusatorial System:

 The functions of investigation and prosecution (performed by the pólice and

the prosecutor’s office) are separated from the evaluation and adjudication
(performed by the judge).
 If the judge is convinced beyond reasonable doubt, he decides upon guilt
and punishment.

Adversarial System;

 Two opposing parties fight in court to wintheir legal battle. The trial is
presided over by an independent and impartial judge, and it is conducted
according to rules of evidence and procedure with or without the presence
of a jury.

 Attorneys are in complete control over their case, they choose the methods
for the investigation and bring the facts before the court by deciding which
evidence to present.

(3) ADVANTAGES & DISADVANTAGES OF A JURY TRIAL

Jury:
A jury is a group of citizens selected to hear facts and decide the verdict of a case
in a court of law.

The jury listens to the evidence during a trial, and then draws conclusions, which
enables them to make decisions based on the facts from the evidence presented.

The jury hence acts as the fact finder, with the judge still holding the major role in
the making of the final decision.
Advantages:

 It keeps the criminal justice system within the community.

 Jury systems work to eliminate conscious and unconscious bias from the
system.
 The jury system works to keep everyone connected to their civic
responsibilities.
 The accuracy rate of a jury is typically quite high.
 People must meet specific requirements so that they can serve on a jury.
 The jury system uses a specific group size to help reduce bias.
 Jurors receive compensation for their service.
Disadvantages:

 Juries are under no obligation to offer a decision based of facts.

 Inaccurate jury decisions happen more often in violent and capital incidents.
 The jury system still represents classism within society.
 Some juries aren’t always required to come up with a unanimous verdict.
 The jury system rarely addresses civil matters from a global perspective.
 It can create financial hardships for the people who serve on a jury.
 Juries can take a long time to reach a decision.