A criminal action is a lawsuit brought by the state (also known as the people) against a person accused of a crime. If found innocent the person is released. If found guilty, the person is sentenced by the judge. Under law, a person is presumed to be innocent until:

(1) guilt is admitted or,

(2) guilt is proven doubt in a competent court.

Codes of procedure specify in detail the conduct of a trial. This is done to protect the rights of the accused person.

The first step is usually an investigation to determine who may have committed a reported crime. The investigators seek evidence to present in court. Usually an arrest warrant (written court order) must be issued by a court for the suspect to be arrested. Upon arrest, the suspect must be booked (fingerprinted and photographed). After the booking, a judge, in a preliminary hearing, determines whether the suspect shall be kept in jail or released on bail. Bail is a sum of money or property deposited or pledged to guarantee that the arrested person will appear for a preliminary hearing or trial. The amount in each case is set by the judge.

In some cases, the accused person may be released on his own recognizance. This means that the suspect promises to appear as scheduled without putting up bail. This usually happens if the accused is a reputable citizen with substantial assets.

For some minor offenses, including most traffic violations, the arresting officer may give the offending person a citation. This is a notice that identifies the offense and directs the person to:

1)  appear in court at a specified time if he or she wants to dispute the charge or

2)  pay a prescribed amount without appearing in court.

The amount is a standardized fine for the offense.

In some states and at the federal level, an indictment by a grand jury is required before a person can be brought to trial for a felony (serious crime punishable either by death or by imprisonment for more than one year). An indictment is a written accusation, which declares that there is sufficient evidence to try the identified individual for a specified crime. A grand jury is a group of citizens selected to hear, in secret, the evidence of alleged crimes submitted by the prosecutor.

One who has not been indicted by a grand jury is given a preliminary hearing before a judge. The purpose of the hearing is to determine from the evidence whether the accused person should be released or held for trial as charged offender. After the filing of the formal charge, the accused person is called the defendant. A defendant is the person against whom a criminal (or civil) action is brought. In a criminal action, the state - the party bringing suit against the defendant - is known as the prosecution.

Before the criminal trial, the defendant is brought before the court to hear the formal charges. The defendant is also required to plead guilty or not guilty. This court proceeding is known as arraignment. If the defendant pleads guilty, the defendant is sentenced. If the plea is not guilty, the defendant must stand trial.

Answer the questions:

1. What is a criminal action?

2. When is a person presumed to be innocent?

3. What are the steps of a trial?

4. What does release on bail mean?

5. What does release on recognizance mean?

6. What is a citation?

7. What is an indictment?

8. What is a grand jury?

9. What are the parties at the criminal trial?

10. When is the defendant sentenced in a criminal law suit?

Match the following:

1. court

2. trial court

3. appellate court

4. transcript

5. criminal action

6. bail

7. recognizance

8. citation

9. indictment

10. grand jury

11. defendant

12. prosecution

13. arraignment

a. court that reviews trial court decisions

b. lawsuit brought against a person accused of a crime

c. copy of the written record of a trial

d. promise of the accused person to appear in court, without posting bail

e. group of citizens selected to hear evidence of alleged felonies

f. court where a dispute is first heard

g. person against whom a criminal (or civil) action is brought

h. tribunal established to administer justice in deposit of money to guarantee appearance at one’s trial

j. order requiring a defendant to appear in court

k. court proceeding where the defendant pleads guilty or not guilty to the formal charge of a crime

1. state as the party bringing a legal action against a person accused of a crime

m. accusation by a grand jury declaring there is reason to try a person for a crime

TEXT E