After charging a defendant with a crime, the prosecutor has to prove beyond a reasonable doubt that the defendant is guilty. This is not easy. The defendant has the right to have a trial where a jury decides whether or he or she is guilty of the charge. If the jury decides the defendant is guilty, then the punishment depends on the seriousness of the crime and the defendant’s criminal history. If the jury decides the defendant is not guilty, then the defendant goes free with no punishment. Since both the prosecutor and the defendant risk losing at trial, they often agree to settle the case with a plea agreement instead. In a plea agreement, the defendant promises to plead guilty to a less serious crime in order to face less serious punishment, and the prosecutor promises to dismiss the more serious charges and limit the punishment. That way, the prosecutor can be sure the defendant is convicted and punished, and the defendant who knows he or she is guilty can be sure to face less serious punishment. It gives both parties more control of the outcome of the case. The prosecutor decides whether or not to offer a plea agreement, and also the terms of the offer. The defendant decides whether to accept the offer or go to trial.
Once there is an agreement, the court holds a change of plea hearing. The judge makes sure the defendant understands that by pleading guilty he or she is giving up the right to a jury trial, and the punishment possible both after trial and under the plea agreement. The judge also makes sure the defendant is pleading guilty because he or she wants to, and not because somebody made him or her plead guilty. Then the defendant and the prosecutor have to explain to the judge exactly what the defendant did that makes him or her guilty of the crime in the plea agreement. The case is then set for sentencing, where the judge decides the punishment. Sometimes the punishment is already spelled out in the plea agreement and sometimes the parties leave it up to the judge. Either way, the defendant will face less serious punishment and the prosecutor is sure the defendant is convicted and punished. This is also good for victims because they will not have to relive the crime during a trial, or maybe watch a defendant who hurt them face no consequences if found not guilty. It gives everyone closure in a much shorter period of time than if the case went to trial. Of course, this all assumes the defendant is guilty of a crime and knows it. If the defendant believes he or she is not guilty, then there should be a trial and not a plea agreement.
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The Arizona Victims’ Bill of Rights gives crime victims the right to be treated with fairness, respect, and dignity in criminal cases. These rights begin as soon as the defendant is arrested or charged with a crime, and last throughout the trial, sentencing, and appeals parts of the case. Victims have the right to go to criminal hearings and tell the court how the crime affected them and any concerns they have about their safety. This includes hearings on whether the defendant can be released from jail, prison, or mental health treatment. Victims have the right to keep their personal information private, and to refuse to talk to defendants and their lawyers. Victims have the right to a speedy trial and a final end to the case after the defendant is convicted, and to speak out against delays. Victims also have the right to make the defendant pay them back for money or property they lost because of the crime, including any expenses for going to court.
Victims have the right to talk to the prosecutor about what will happen with the case, but the prosecutor is not their personal lawyer. The prosecutor’s job is to make sure justice is done for both victims and defendants. Victims can hire their own lawyers to appear in court and file motions for them. If the victim of the crime has died, the victim’s rights belong to the victim’s family members. If the victim is a minor or an adult who cannot think for him or herself, then the victim’s parents, child, or a guardian can act for the victim. The victim or the court can also appoint someone to act for the victim. Police, prosecutors, courts, probation officers, victim advocates, and prisons all have certain responsibilities in making sure that victims are notified of hearings so that they can go to court and speak if they want to. But victims first have to turn in an official form asking for notification. Victims are given a request form and an explanation of their rights very early in a case and during different parts of the process. Arizona law tries to make sure that victims know their rights so that they can participate as fully as possible in the criminal justice system.
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Before a defendant can be made to face trial for committing a felony, there has to be “probable cause” to believe that, first, a crime was committed, and second, the defendant committed it. Probable cause means trustworthy information that would make a reasonable person believe the defendant committed the crime. In Arizona, whether or not there is probable cause can be decided two ways: (1) by a judge after a preliminary hearing on a criminal complaint; or (2) by a grand jury on a bill of indictment. The prosecutor decides which of these methods to use.
A preliminary hearing is usually held in justice court. Both the prosecutor and the defendant are at the hearing, and the defendant usually has a lawyer. First the prosecutor puts on evidence through a few witnesses, usually police officers, to show probable cause, and the evidence may include “reliable hearsay.” Reliable hearsay is information that a witness got from other trustworthy people, instead of through the witness’s own experience. The defendant has the right to question these witnesses. When the prosecutor is finished, the judge decides if there is probable cause. If there is and the defendant says he can disprove it, the judge can let the defendant testify or put on witnesses. The prosecutor can question these witnesses. If at the end of the hearing the judge decides there is probable cause to believe the defendant committed the charge in the complaint, then the prosecutor files a document called an Information in the superior court and the case is set for trial. If the judge does not find probable cause, then the complaint is dismissed and the defendant is released if he or she is in custody. The prosecutor can still file another complaint with more evidence or different charges, or present the case to the grand jury instead. Preliminary hearings are public and have public records.
On the other hand, the grand jury proceeds in secret until an Indictment is filed. In fact, it is a crime for anyone to say anything about what happened during a grand jury proceeding. This is to protect witnesses from intimidation and the defendant’s reputation in case he or she is not charged. Just like trial jurors, people get summoned by the court to serve as grand jurors. The grand jury’s job is to investigate public offenses, and each member must promise to be fair and not prejudiced. The prosecutor gives the grand jury a paper called a “bill” with criminal charges against the defendant, and explains all the laws that the grand jury should apply in deciding whether there is probable cause to believe the defendant committed those crimes. Just like a preliminary hearing, the prosecutor then presents evidence to the grand jury through a few witnesses, often using reliable hearsay. Unlike a preliminary hearing, there is no judge and neither the defendant nor his or her lawyer is allowed to be there or to question the witnesses. The grand jury can let the defendant testify if the defendant asks in advance, but does not have to. The grand jury can also decide to call more witnesses, including the defendant, if it wants more evidence. The grand jury decides whether there is probable cause by a vote of at least 9 out of 12 jurors. If the majority decides there is probable cause, then the grand jury presents the prosecutor a true bill of indictment. The Indictment is then filed in the superior court, and the case is set for trial. If there is no bill of indictment, then there are no formal charges and the defendant is released if he or she is in custody. The prosecutor can try again with more evidence or different charges, or can file a criminal complaint and ask for a preliminary hearing.
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Some individuals commit crimes solely as a result of acute mental health disorders or substance use disorders (addiction). Traditional punishment is not a deterrent for these individuals, and incarceration is not successful at preventing them from committing future crimes. For individuals suffering from mental illness or substance use disorder who are not violent or dangerous, and who therefore do not pose a public safety risk, the most appropriate consequence for their crimes is prosecutor-led Diversion to treatment or treatment under court supervision in a Mental Health Court or a Drug Court.
Mental Health Courts and Drug Courts are specialized programs that impose the consequence of mental health treatment or drug treatment or both. Through these specialty courts, judges and probation officers monitor a participant’s compliance with treatment. Judges, lawyers, and probation officers working in mental health courts and drug courts receive specialized training on evidence-based best practices, and they work closely with case managers, peer support specialists, and treatment providers.
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