What is First Degree Murder in Florida?
This information is re-posted from the Parents of Murdered Children website.
Each state, the District of Columbia and the federal courts have different laws which define their crimes. Although the justice systems are similar, there is differing terminology used in each. For example, a prosecutor in one jurisdiction (area) may be called a district attorney, while in another, a state’s attorney or Country attorney. Thus, the information contained in this web page is, of necessity, general in nature.
In America, we have an adversary system of justice. A suspect is considered innocent until proven guilty. We demand a fair process for everyone. This process involves several steps with “checks and balances” to reduce the possibility of an error which would convict an innocent person. Following an arrest and prior to trial, there will be several hearings and motions heard by the court. The purpose of each is to review the facts of the offense and test the reliability of the evidence, while protecting the legal rights of all involved.
After a warrant is issued and a suspect is arrested or otherwise charged, the case officially enters the criminal justice system. Because we value our life and liberty, we have created a judicial system to decide fairly who should be punished and to assure the individual rights of the accused. The purpose is to insure that government does not mistakenly use its immense power when it decides guilt and when it punishes.
Ordinarily, the first appearance a suspect makes before the court after an arrest is at arraignment. This is to advise the suspect of the nature of the charges against him, to assure legal representation for the suspect and to set bail. Most people who are thought to have committed a crime are arrested to insure they will appear at trial. When a defendant can assure he will appear at all pre-trial hearings and trial if released, he is entitled to reasonable bail or conditions of release. Most state constitutions guarantee a defendant the right to bail except for certain capital crimes.
Bail may be offered in the form of cash or other property. If a defendant posts bail and then fails to appear for any scheduled hearing, the cash or property may be forfeited to the state or federal government. Then an arrest warrant is issued.
The case may be considered by a grand jury. This process may occur before or after an arrest is made and bail is set. The grand jury determines the charges to be pursued. These charges may differ from the initial arrest. The grand jury is a panel of citizens who hear and review the state’s evidence against the accused person in a closed hearing. The defendant MAY appear before a grand jury. The purpose is to determine if there is sufficient evidence for a trial. If so, the grand jury will issue an indictment. Police officers and witnesses appear by subpoena (court order). The testimony is secret and usually does not become public record.
There may be several pre-trial and other hearings before the actual trial. One of these may be a suppression hearing in which the defense challenges part or all the state’s evidence. The purpose is to insure that all evidence was gathered properly and within legal limits. Usually the only testimony in a suppression hearing is by law enforcement personnel.
Another hearing which frequently occurs is a competency hearing. This usually follows a psychiatric examination of the defendant. It involves medical testimony to determine if the defendant is mentally competent to understand the nature of the charges and to assist the defense attorney in preparing for trial.
There could also be a motion for discovery. This means the prosecution and defense will share information of physical evidence and witnesses. Unlike television courtroom dramas, real trials usually do not have surprise witnesses.
Following all the pre-trial hearings, the case is ready for trial. However, a defendant may elect to enter a plea of guilty to a charge which means there is no trial and no presentation of evidence or testimony of witnesses. A brief statement of facts is read for the court record by the prosecutor as-well-as a summary of any consideration offered for the plea. Generally, a defendant may plead guilty or no contest. A no contest plea means the defendant does not challenge the factual allegations. He/she may not be willing to admit guilt or may want to preserve some issue for appeal. After a no contest plea, the judge must determine guilt. The judge then makes a finding.
The defendant may choose to go to trial. A trial may be before a judge or before a jury. In some states it is before a three-judge panel. When a trial is held, evidence and testimony is presented by the prosecution. The defense can present testimony and evidence on behalf of the defendant. The defendant is never required to testify but may do so if he or she so chooses. After all evidence is presented, the judge or jury deliberates until a decision is reached. A jury’s decision must usually be unanimous. If a jury cannot reach a decision, it may be declared “hung” and a new trial may be scheduled before a different jury.
Every state has rules regarding the time which a defendant must be brought to trial. The survivor should be aware that this process may take as long as six to nine months. Many delays in the prosecution process are beyond control of the prosecutor or the court. For instance, any pleas or motions requiring mental evaluations concerning sanity at the time of the offense or competency to stand trial, typically take months to complete. Talk to your prosecutor about the length of time your case may take.
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If your dog comes home from the woods after being sprayed by a skunk, no one has to tell you what happened to your dog. The stench is unmistakable. Everyone would agree and know for a fact what happened to your dog. The same is true with a decomposing human body. The stench is unmistakable and anyone who has ever smelled it before will agree that like a skunk smell, there is no mistaking it. Why the prosecution doesn’t press this point harder bothers me. Those who smelled the car knew it and so did the cadaver dogs. Just like the smell of skunk spray, it is unmistakable and I wish I could talk directly to Jeff Ashton. Forrest
This comment was poster by someone referring to the Casey Anthony trial and has no connection to the case of Jeff Norton.