policies and procedures of the illinois criminal justice system

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Trial Unless the defendant has pled guilty, a trial will be held to determine whether or not the defendant is guilty of the crime charged. A defendant may only be found guilty if the prosecution produces enough evidence to establish the defendant’s guilt. If, after considering all the evidence presented at trial, there remains a reasonable doubt as to whether the defendant committed the crime charged, the prosecution has not met its burden of proof and the defendant must be found not guilty. In making that determination, the only evidence that can be considered is the evidence which has been presented during the trial. Our system of justice, both criminal and civil, is based on the adversary system where opposing parties may present evidence and challenge the strength of the opposing party’s case. The system rests on the assumption that such an adversarial process is likely to determine an accurate result. In criminal cases, the two parties are the state, represented by the prosecutor and the defendant, usually represented by a defense attorney. The crime is against the state and its laws, and even in crimes where there is an individual victim, the victim is not a party to the case. Jury and bench trials In a bench trial, the judge decides whether the defendant is guilty or not guilty. In a jury trial, a jury decides. However, in a jury trial, while the jury is the sole judge of the facts, the judge determines legal questions, such as whether certain evidence may or may not be admissible. Defendants have the right to a jury in a criminal trial, but he or she can give up that right and have a bench trial. The state has no right to request a jury trial. A trial jury, as opposed a Grand Jury, is made up of 12 citizens. Jury selection If the defendant does not waive his or her right to a jury trial and does not enter into a plea agreement, the next step is the selection of 12 jury members. Illinois statutes, Illinois Supreme Court rules, and Illinois and federal case law outline rules for the selection of jury members. Selection varies based on jurisdiction and courtroom. Individuals are selected at random, generally from voter registration lists, to serve as jurors. The prospective jurors will receive a jury summons to appear on a set day for possible jury service. On the date of service, these prospective jurors are brought to the courtroom where the case will be heard for the jury selection process. Potential jurors will be questioned to determine their ability to hear and decide the case fairly and impartially. If the questioning develops that the individual would not be able to do so, that individual will be excused from jury service for cause. Each side also has the right to excuse a limited number of jurors by peremptory challenge, without the necessity for stating a reason. However, a juror cannot be dismissed based solely on race or gender. In the selection process, the prospective jurors are called in a random order. After jurors have been excused for cause and each side has expended its peremptory challenges, the first twelve remaining individuals will serve as the jury. Generally, there are two individuals who are selected as alternate jurors in the event that one of the regular jurors becomes unable to finish jury service. 19
Opening statements After jury selection in a jury trial, or as the first step in a bench trial, each party may make an opening statement. Opening statements are limited to a discussion of what each side believes the evidence will be at trial, what the witnesses are expected to say and what physical evidence may be introduced. Presentation of evidence The next stage of the trial is the presentation of evidence. Because the state brought the case and bears the burden of proof, the prosecution is the first to present its evidence. The prosecution will call witnesses and ask them to testify about the case in what is referred to as direct examination. After the prosecution finishes its examination of each witness, the defense may cross-examine the witness. In cross-examination, the defense tries to clarify, expand, or challenge the witness’s testimony. In so doing, the defense may attempt to show that the witness did not have a good opportunity to see or hear the events about which they have testified, or that there is some reason why the witness might not be truthful. The prosecution may also introduce items of physical evidence such as a weapon used in the crime or photographs of the scene. The prosecution may also present expert witnesses, such as scientists who may have tested physical evidence such as drugs. After the prosecution has presented its case, the defense may make a motion asking the judge to enter a directed verdict, or a not guilty finding, if the judge believes the state’s evidence does not constitute proof beyond a reasonable doubt. If a judge grants a directed verdict, the case ends. If the judge denies the motion, the trial proceeds and the defense may present a defense. Due to the presumption of innocence, the defense is not required to offer evidence and the fact that a defendant chooses not to present evidence cannot be argued or considered as an indication of guilt. If the defense presents a case, it proceeds as did the prosecution, by calling witnesses to testify, who are then cross-examined by the prosecutor. If the defense does present evidence, the prosecution has the opportunity to present rebuttal evidence, or respond to what the defense presented. Argument When both the prosecution and defense have finished presenting their case, the defense may again make a motion asking the judge to enter a directed verdict, or not guilty finding. If the judge grants a directed verdict, the case ends. If the motion is denied, the prosecution and defense present their closing arguments. Closing arguments allow the prosecutor and defense attorney to review the evidence presented during the trial and argue what the evidence proved or did not prove and whether witnesses are credible. Verdict or finding After closing arguments, in a bench trial, the judge will decide whether the defendant should be found guilty. In a jury trial, the next step is for the judge to instruct the jury as to the law 20
Page 1: State of Illinois Pat Quinn, Govern
Page 4 and 5: Acknowledgements The Authority wish
Page 6 and 7: Introduction About this report This
Page 8 and 9: Figure 2 Flowchart of the general a
Page 10 and 11: Warrants Arrest warrants may be iss
Page 12 and 13: Pre-trial services officers also su
Page 14 and 15: police, county sheriffs, prosecutor
Page 16 and 17: Representation by an attorney At an
Page 18 and 19: Drug courts Drug court populations
Page 20 and 21: Pre-trial activities Criminal charg
Page 22 and 23: defendant will be required to under
Page 26 and 27: applicable to the case. The jury th
Page 28 and 29: Special issue: Crime victims In 200
Page 30 and 31: Sentencing Pre-sentence investigati
Page 32 and 33: to conditional discharge is convict
Page 34 and 35: The maximum fine for a felony offen
Page 36 and 37: • Service to the institution, com
Page 38 and 39: Completion of sentence If an indivi
Page 40 and 41: Expungement Upon arrest, a suspect
Page 42 and 43: Appendix B: Map of Illinois judicia
Page 44 and 45: Appendix D: Flowchart of process fo

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