Martin Rudy and the Criminal

Martin Rudy and the Criminal Justice System

Sixteen-year-old Martin Rudy has been arrested for possession of cocaine. He was arrested on the street outside of a popular hangout for teenagers. He was handcuffed, placed under arrest at the scene by the arresting officer and read his Miranda rights. Martin was immediately transported to police headquarters, where he was strip searched, fingerprinted and placed in a holding cell. The evidence was logged in and placed into the property room, which is a secure area. The amount of drugs he was found with did not constitute a large enough quantity to charge him with possession with intent to distribute, so he has been charged with possession only.

The statutes regarding criminal behavior are broken down into various elements. "Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or 'actus reus,' and a mental state, or 'mens rea.' Prosecutors have to prove each and every element of the crime to yield a conviction."

The next day, Martin is transported to the county court building and is brought before a superior court judge to determine what his bail shall be. Because this is Martin's first adult offense, his bail is set at $5,000. He and his parents have several options. They can put down the $5,000 cash, which will be returned to them at the conclusion of the legal process, or they can put up equity in property sufficient to cover the $5,000 as surety. They can also engage a bail bondsman. For a set fee, the bail bondsman will guarantee the appearance of the defendant. The fee is typically ten percent, but special arrangements are sometimes made. Should Martin fail to show at anytime during the process, a bench warrant may be issued and his bail revoked. If a bondsman has guaranteed his bail, the bondsman will be responsible for apprehending Martin in order to avoid forfeiting his bond. Martin's parents decide that they will post the $5,000 in cash from their savings, and Martin is released into their custody.

That same day, the police reports are delivered to a detective responsible for further investigation of the case. That detective will review the reports and other evidence and, along with the District Attorney, will decide whether or not the case should be presented to a Grand Jury. The detective will also arrange for the drugs to be tested, by retrieving them from the property room and transporting them to the police laboratory. At every step during this process in handling the evidence, the detective will maintain the "chain of custody," insuring that everyone who touches the evidence documents his or her actions.

After due investigation, the detective decides that there is enough evidence to present the case to a Grand Jury. He has received the report back from the police lab, which confirmed that the powder is in fact cocaine. The detractive presents the case to the District Attorney assigned to the case and reviews the evidence with him. Following the review, the District Attorney decides to present the case to the Grand Jury as soon as possible. The case is scheduled for presentation in two weeks.

Meanwhile, Martin has retained an attorney to represent him, thanks to his parents, who are paying for the lawyer. Martin confers with his attorney, who informs him that he may be able to receive a reduced sentence in exchange for his plea of guilty to the charge. The attorney seeks out the District Attorney assigned to the case and they discuss a possible plea. The District Attorney believes that he has a strong case and indicates that he is unwilling to reduce the charge, unless Martin agrees to tell the police who sold him the drugs. After Martin and his attorney discuss the results of this meeting, they decide that they will proceed to trial. The District Attorney also informs Martin's attorney that he intends to try Martin as an adult, because of a prior record for drug possession as a juvenile.

The Grand Jury meets on the case and after the presentation by the District Attorney and testimony by the arresting officer, Martin Rudy is indicted for Possession of a Controlled Substance, to wit cocaine. This is a felony.

A preliminary hearing is scheduled following the indictment and Martin and his attorney are present at the scheduled date and time. The charge is presented and the judge makes a decision that there is enough evidence to proceed with the case. Martin, now referred to as the defendant, is asked for his plea and he pleas "Not Guilty." A trial date is scheduled for two months away.

The day of trial comes and Martin and his attorney are ready. The first order of business is to pick a jury. After the potential jury is brought into he courtroom, the attorneys are allowed to ask questions of the members, in a process called voire dire, in order to determine whether they have views that would make their service on the jury inappropriate. This would allow the juror to be removed for cause. In addition each attorney has a set number of preemptory challenges in which the attorney can remove a juror for any reason. After the jury is selected, they are impaneled and given instructions by the judge.

The trial now proceeds. There is a presumption of innocence in Martin's favor. "Criminal procedure puts the burden of proof on the prosecution - that is, it is up to the prosecution to prove that the defendant is guilty, as opposed to having the defendant prove that he is innocent; any doubt is resolved in favor of the defendant."

The District Attorney and Martin's attorney present their opening arguments, a preview of their cases. The prosecution then begins to present witnesses and after direct testimony, the defense is allowed to cross-examine the witness. When the District Attorney has finished presenting his case, Martin's attorney begins his presentation. "The defendant is not required to testify under the Fifth Amendment to the United States Constitution, but must answer the prosecution's questions if he or she takes the stand." Martin decides to testify, and the District Attorney is able to shake his testimony. Martin's attorney calls several other witnesses and the District Attorney cross-examines those witnesses.

After both sides have finished, the attorneys give their closing arguments. Once they are completed, the judge will issue final instructions to the jury and they can begin their deliberations in private.

The jury's first task is to elect a foreperson, someone who will direct the deliberations.