刑事司法制度

刑事司法系统概览

返回地区检察官信息

调查

When a crime is reported, the law enforcement agency is responsible for conducting an investigation.  在完成调查后, the law enforcement agency may submit a report to the 地方检察官’s Office.   A prosecuting attorney then reviews the case and decides whether to charge an individual or individuals with a crime.

发布协议

当被告(嫌疑犯)被逮捕并投入监狱时, the defendant must sign a release agreement before being released from custody. The conditions of the release agreement include appearing in court as ordered, 未经法院许可不得离开本州, and not having any contact (direct or indirect) with the victim of the crime for which the arrest has been made. The release agreement is in effect until the court case is concluded. If a victim is contacted by the defendant while the case is pending, the contact should be reported to the law enforcement agency immediately.

法院过程

A court case begins when the 地方检察官’s Office files a criminal complaint, 向法院提供资料或起诉文件.  That document sets forth the crimes with which the defendant is being charged.

重罪指控. 重罪指控包括, manufacturing and delivery of drugs; robbery; burglary; theft in the first degree; assault in the first/second/third degree; most sexual assault crimes. The maximum term of imprisonment for these charges may be more than one year. If the 地方检察官 files felony charges against a defendant, 大陪审团将听取案件中的证据并决定是否 该案件应作为重罪案件进行审理.

轻罪指控.  Misdemeanor charges include assault in the fourth degree; harassment; menacing; theft in the second/third degree.   The maximum term of imprisonment for misdemeanor charges may be not more than one year.

传讯

The arraignment is the first court appearance after a defendant is arrested or issued a citation.  在传讯时, the defendant appears before the Judge who explains the charges that have been filed and the rights of the defendant.  If the defendant is indigent, the Judge will appoint an attorney to represent the defendant.  The Court may make a decision about bail and release from jail if the defendant is in custody.

大陪审团

The 大陪审团 is made up of seven citizens chosen at random by the Court.  They listen to witnesses and examine the evidence presented by the State, and determine whether the State has sufficient evidence to prosecute the defendant for the offense.  被告不在场.  辩护律师不在场. 

进行抗辩

At an entry of plea hearing, the defendant may enter a plea of guilty, not guilty, or no contest. If the defendant enters a plea of not guilty, a trial date will be set. It is usually several months before a trial takes place, and the trial may be reset several times. 如果案子进入审判阶段 受害者和证人将被传唤作证.

如果被告认罪, 被告人可以在答辩时被判刑, or the sentencing may be scheduled for a later date to allow the victims to attend if they have so requested.

审前听证会

有时会有审前动议听证会.  Motions are applications to the Court by an attorney so that the Judge can make decisions on what kinds of evidence can be used at trial.  Witnesses can be called at those hearings so that the Judge can hear the evidence that is being challenged.

试验

在审判中, 控方律师必须证明, 排除合理怀疑, 被告是有罪的.  履行举证责任, the prosecuting attorney will call witnesses to testify about the facts of the case.  辩方律师随后可以询问控方证人.  Sometimes, papers and other items are also introduced as evidence.  The defense attorney can call witnesses, and sometimes calls the defendant as a witness.  控方律师可以询问辩方证人.

The prosecuting attorney can call witnesses after the defense case is finished.  陪审团和法官听完所有证据后, 律师们在结案陈词中总结他们的案件.  After the attorneys are done, the Judge instructs the jury on what laws to apply to the facts.  本案的事实是什么,应由陪审团来决定, 并决定相信证人证词的哪一部分.  然后陪审团进行商议并作出裁决.

量刑

宣判是起诉的最后一步, after the defendant has been convicted at trial or has entered a guilty plea. The sentence is the punishment imposed on the defendant and is determined by the Judge according to the type of crime and the number of the defendant’s prior convictions. The victim can make a statement at sentencing and the prosecuting attorney can make sentencing 建议,但法官是最终权威. Of the thousands of defendants who are sentenced each year, most receive probation. 大多数人必须支付罚款和费用. 许多人在宣判时被要求支付赔偿金. 一些人被要求做社区服务. Some are ordered to undergo drug or alcohol treatment or intervention-specific counseling. Some are sentenced to time (less than a year) in the county jail and some are sentenced to the state penitentiary.

上诉

After sentencing, a defendant may appeal his conviction and sentence. 上诉由俄勒冈上诉法院审理. 决定上诉所需的时间差别很大, depending on the number of issues raised and the complexity of the case. 在某些情况下,上诉可能会继续上诉到最高法院. In death penalty cases, the appeals go directly to the Supreme Court.

假释和出狱后监管委员会 

如果受害者提出要求并提供了当前地址, the 假释和出狱后监管委员会 is required to: (1) notify and allow a victim to appear and present their views at a defendant’s parole hearing; (2) notify a victim 30 days before a defendant is released from the penitentiary (not county jail).  To register with the 假释和出狱后监管委员会, click on the link below.

  假释委员会印章 假释委员会

 

 返回地区检察官信息

 

B街251号. W. | Vale, OR 97918
工作时间是早上8:30.M. 至下午五时.M.
办公室(541)473-5127  |受害者服务 (541) 473-5127 
儿童抚养服务:(541) 473-5127