The American System of Criminal Justice

Indeed, the district attorney is required to deliver to defendants any relevant evidence and list of witnesses. Such critical documents as witness statements, police reports, laboratory reports, finger print reports, etc, are all usually delivered to the defense counsel and failure of the district attorney to deliver the documents prior to trial and in the complete condition in an effort to hold back relevant information has been found to be grounds for reversal of convictions. 6. TRIALThe attorneys first make any last minute motions they wish to before the judge concerning evidentiary issues or last minute motions to suppress. Usually, at this time, the judge requires the lawyers to prepare their suggested instructions in law that the judge is to present to the jury. This is at times the most vital question of the entire trial since the jury is required to follow the judge's instructions in their deliberations and the district attorney and defense counsel often argue vehemently to the court as to the proper instructions the jury s to receive and improper instructions are often the subject of appeal. During the trial the judge may review the instructions to determine which ones he or she will actually use in advising the jury as to what law they may use during their deliberations. It is common for the judge, out of the presence of the jury, to have the lawyers argue in favor or against various instructions submitted by the other side. The opening statements of the parties then occurs, lasting usually a few hours, sometime longer, and those openings are then followed by the district attorney's case in chief during which the district attorney must prove his case and his witnesses are cross examined by the defense counsel. Finally the defense case is presented with any witnesses the defense wishes to utilize. It is to be recalled that the defense does not have any burden of proof and quite often has no witnesses whatsoever...being content to merely attack the district attorney's case by cross examination and to argue that the district attorney has failed to meet the burden of proving guilt beyond a reasonable doubt. It should also be recalled that the defendant need not take the stand to testify and cannot be forced to testify by either the court or the district attorney. Lastly, both sides can give the closing arguments and these arguments often can win or lose the case and can last for days. The judge then instructs the jury on the law that applies to the case and sends them to a separate room to deliberate and hopefully render a verdict. Both sides can present witnesses, both sides get to cross examine the other side's witnesses, either side can demand a jury trial and if both waive the jury, the matter is heard by the judge alone. The jury is composed of twelve persons (in certain states, six) chosen at random, usually from the voter's rolesTrials can last only a day or two but more usually a week or two. Some trials last months. Each side is allowed to present all the witnesses it wishes, so long as their testimony is relevant. At the end of the testimony of both sides, each can present rebuttal witnesses, subject to the court's discretion as to the relevance. Finally the judge instructs the jury as to the proper law that applies to the case, and the jury is finally allowed to render a verdict after discussion among themselves in private. 7. THE VERDICT: THE SENTENCING AND APPEALIf found innocent, the defendant is immediately set free. Many verdicts confront multiple charges brought (lesser included offenses quite often) and it is common for a jury to find the defendant innocent of some but not all of the charges brought. Only if found innocent of all charges is the defendant now discharged from the criminal law system and if the defendant is on parole from a prior offense the parole board can seek to revoke parole even if a finding of not guilty was achieved since the parole board is held to a much lower burden of proof than a trial court. And note that it is not the jury but the judge that determines the appropriate sentence of a person found guilty by the jury.In most cases the Court, after receiving the verdict of the jury, will continue the matter for several weeks so as to receive opinions of probation officers or specialists and to give the defense and the prosecutor the chance to arrange their arguments in a hearing for the sole purpose of determining the sentence. Once the sentencing hearing occurs, the court normally renders its decision as to the actual sentence to be imposed, usually from the bench, and the defendant can be remanded immediately into prison if that is the sentence. ReferencesLee D. Stimmel, Steven R. RoeserThe American System of Criminal Justice URL: https://www.stimmel-law.com/en/articles/american-system-criminal-justiceGlossaryPretrial services- досудебныйнадзорTrial- судебное разбирательствоSentencing- приговорArraignment- слушаниеDiscovery- уликаThe penal code- уголовный кодексCriminal law- уголовное правоGuilt- винаInnocence- невиновностьAttorney- адвокатDefender- защитникJudge- судьяJury- присяжныеTo imprison- заключать в тюрьмуTo fine- оштрафоватьTo arrest- арестоватьTo enforce- осуществлятьCitizen- гражданинTo defend- защищатьTo prosecute- привлекать к ответственностиПриложение 1 «Письмо»To:AllColleaguesGroup@email.comFrom: Martin@email.comSUBJECT: Invitation to ConferenceDear colleagues, As a participant of the Law Conference, I am pleased to invite you to our conference that will be taking place on July,5 2022 at the State University of Management in Moscow.The conference will consist of two panels, which will focus on separate legal and policy issues of criminal law around the world. The first panel will describe and analyze the systems of criminal justice in different countries. I will speak on the basis of American Criminal Law. During the second panel you will be able to discuss some questions, highlight effective points and take part in deep conversations. Then there will be a special presentation session that you probably could be interested in. The objective of the Conference is to have an honest conversation about the current situation around the world, with a focus on how laws and policies have contributed to the situation. The panelists will be able to provide their insights.Please reply to this letter to confirm whether you will attend. Your presence at this conference will be highly appreciated.Best regards,Martin BlackПриложение 2 «Текст выступления для научной конференции»The American System of Criminal Justice: overviewHello, my name is Alexander Deganov and today I would like to tell you about the American system of Criminal Justice. In our article, the focus will be on the basics of American Criminal Law and how it works.FEDERAL AND STATE JURISDICTIONS As a federation the United States, unlike some other countries, cedes to individual states much power to decide local issues such as education, libraries, and state roads. Both the federal government in Washington and the individual state governments can oversee various aspects of the criminal justice issue. The federal criminal justice system is administered through a court system with judges appointed for life by the President, and confirmed by the United States Senate. Crimes falling within the federal system can be national in nature such as federal income tax evasion or a violation of securities law. Federal crimes may also involve use of interstate facilities such as highways, phone or wire services. Narcotics offenses may fall into both categories as many foreign drugs are imported or exported and much drug traffic goes beyond individual states. The vast majority of crimes are committed within the state, not the federal, jurisdictions. Individual states have their own prison systems, yet federal prisons also exist.INITIATING THE PROSECUTIONThe local prosecutor represents the city or the county, it is relatively rare for the trial prosecutor to be a state official in most criminal settings. The local prosecutor can be referred to by different names such as the District Attorney, County Attorney, or simply the Prosecuting Attorney. This individual normally serves in an elected capacity. If the attorney decides not to prosecute, the process normally ends. Generally, victims of crime cannot appeal the decision nor can the police. In most states, if the prosecutor believes there is sufficient evidence, she can simply make a complaint against the accused. That individual is then arrested and brought before a judge to determine if enough evidence is present to hold the person over for a trial. THE ARRESTIf the suspect is in his own home, in order to take him into custody an arrest warrant must be issued by an independent judge based upon probable cause. If the suspect is in a public place or not in his own home, no warrant is needed. The judges who make the determinations with regard to warrants are typically selected throughout the United States in one of three ways: appointed by the state executive, the governor, for a fixed term such as eight to ten years ; elected by running against a field of contenders ; retained by the citizens in an election in which the voters simply affirm a term renewal.INTERROGATIONThen, police officers may interrogate the suspect and are given wide latitude in such actions. Three major limitations exist. Police officers may not use techniques which are "shocking to the conscience" such as engaging in violence against the suspect or communicating misinformation about the criminal justice process. In a major ruling of the United States Supreme Court, it was further held that if the suspect is in custody and being interrogated, statements made by him cannot be used to prove his guilt unless four warnings are given to the suspect and he voluntarily waives his rights. The final restriction on interrogation techniques relates to the right to counsel. While most often the right to counsel is associated with the representation of the suspect at a trial or at another critical stage such as a preliminary hearing or post-trial sentencing hearing, it has an application in the interrogation area as well. If the suspect has been formally charged with a crime, interrogation may not proceed without counsel being present, whether in a formal setting, or in an informal setting in which questioning is conducted by an undercover agent. PRETRIAL HEARINGSAfter the interrogation, if the defendant has not been charged by the Grand Jury, she has a right to have a judge determine, within a reasonable period of time, whether there exists enough evidence to hold her over for a trial. This adversary hearing, with lawyers on both sides presenting evidence and arguments, is generally referred to as a preliminary hearing or examination. If no probable cause is found by the judge, the case is dismissed. In case, if cause is found, the defendant is formally charged and can be held for a trial which is to be conducted within a relatively short period of time.The principal pre-trial motions, however, concern the suppression of evidence. If the defense is successful in moving to suppress evidence, the judge will order that evidence to be excluded and if the evidence is essential to the prosecution, the entire case may be dismissed. THE RIGHT TO A JURY TRIALIn most states there are specific statutes present which govern the right to a jury trial. Under some, the defendant has a right to a twelve-person jury in all criminal cases. In others, the right is limited to a smaller number of jurors, and still others the right to a jury trial is restricted only to more serious criminal cases. Most states require that the jurors reach a unanimous decision as to each charge against the defendant. Other states are less restrictive and permit verdicts based upon a large majority of jurors. The United States Constitution has been interpreted to impose certain requirements for jury trials which must be followed by the individual states. A jury is required if the defendant is subject to more than six months’ imprisonment. No less than six jurors can sit in a criminal case and while unanimous verdicts are generally not required, if six jurors are present then unanimity is required. The defendant is entitled to have a jury made up of his peers; individuals serving on the jury must be from the same region, but not necessarily the same age, gender. income level, or race. Neither the prosecution nor the defense can, however, discriminate against potential jurors and eliminate citizens from the jury pool on the basis of race or gender. RIGHT TO AN ATTORNEYWhat is more, under the Sixth Amendment right to counsel, the defendant is entitled to a lawyer in all cases in which imprisonment is imposed. The judge cannot sentence the defendant to any term of imprisonment unless an attorney was offered to the individual. The right to an attorney applies at the trial stage and at all critical stages.The defendant's rights in this area may also include two other important features. The first is the right to have the entire criminal proceeding brought to a conclusion within a relatively short period of time. While there is no fixed limit on the time period, the courts will consider the amount of time involved and the prejudicial impact on the defendant in determining whether such a constitutional right has been violated. The right to counsel also encompasses other expert assistance if necessary for a fair trial. APPEALSVirtually all state and federal criminal defendants, upon conviction in the United States, have the right to at least one automatic appeal of a conviction, normally before a court referred to as the state court of appeals. Thereafter, except with certain homicide cases, appeals normally are not automatic or of right, but are left to the discretion of the courts. State Supreme Courts, and the United States Supreme Court, thus have criminal dockets which are almost entirely discretionary. Only the defendant can appeal a conviction. If she is convicted, she may raise questions of law - though not of fact - to be considered by the court on appeal. The government cannot appeal an acquittal, however, for such an action would violate the principle against double jeopardy.HABEAS CORPUSAfter all appeals are final, the criminal case against the defendant is over. He may then be able to challenge his imprisonment in state court, and ultimately in federal court, by proceeding with a civil action against the person who is holding him, either the governor, the attorney general, or the head of the Department of Corrections. The habeas corpus challenge would be on one of two grounds. The first is that the conditions of confinement themselves are improper as a result of overcrowding, unhealthy living situations, or dangerous conditions. The second is that the underlying conviction was unconstitutionally obtained so that the defendant should never have been sent into custody in the first place. If the court concludes that the constitutional claim is correct, it may order, as a remedy, the release of the individual. Conclusions and discussionsThus, the US criminal law system is a complex structure. The main feature of the legal system is in its case-law. Another feature is the disunity of codes in all States. This reveals are the main problems of the application of criminal penalties for the same crimes in different parts of the country.That's all for my part. Thanks for your attention.Приложение 3 «Слайды презентации»