I have a difficult time understanding the procedural and substantive disposition of criminal cases between the prosecution and defense prior to going to trial. I have read and re-read my text to no avail. Can anyone help?

I don't think there are any Jiskha tutors who have a background in criminal law, but you may simply need to make absolutely sure you are crystal clear on the meaning(s) of every single word. For example,

http://www.answers.com/procedural

http://www.answers.com/substantive

http://www.answers.com/disposition

Be sure to look up every single word you're not 100% sure of.

Certainly! Understanding the procedural and substantive disposition of criminal cases can be complex, but I'll do my best to explain it step by step.

Procedural Disposition:
1. Arrest: The process begins with the arrest of a person suspected of committing a crime. This can happen if an officer witnesses a crime or has probable cause to believe an individual has committed a crime.

2. Booking: The arrested person is taken to a police station, where their identification information is recorded, fingerprints are taken, and they may be photographed. They may also be informed of their rights at this stage.

3. Charging: After the arrest, the prosecutor reviews the evidence to determine if there is enough to file charges against the defendant. If so, they will draft a charging document, known as a complaint or an indictment, outlining the charges against the defendant.

4. Initial Appearance and Arraignment: The defendant is brought before a judge for the initial appearance where they are informed of the charges against them, their rights, and bail may be set. At the arraignment, the defendant enters a plea (guilty, not guilty, or no contest).

5. Pretrial Motions: The defense and prosecution may file pretrial motions. Common examples include motions to suppress evidence, change venue, or dismiss the case based on lack of evidence or improper procedures.

6. Plea Bargaining: The prosecutor and defense attorney may negotiate a plea deal, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence. If an agreement is reached, a plea hearing is scheduled.

Substantive Disposition:
1. Trial Preparation: Both the prosecution and defense gather evidence, interview witnesses, and prepare their cases. This includes engaging in discovery, which is the exchange of information between the parties.

2. Trial: If the case goes to trial, the prosecution presents its evidence, witnesses, and arguments supporting the charges. The defense has the opportunity to cross-examine witnesses, present its evidence, and raise arguments to challenge the prosecution's case.

3. Verdict: After hearing all the evidence, the jury (or judge, in some cases) deliberates and reaches a verdict of guilty or not guilty. If the defendant is found guilty, they proceed to the sentencing phase.

4. Sentencing: The judge determines the appropriate punishment based on various factors, such as the nature of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances. Sentences may include imprisonment, fines, probation, or a combination of these.

It's important to note that the specific steps and procedures can vary somewhat depending on the jurisdiction and the type of case (misdemeanor or felony). Consulting your textbook or reaching out to your professor for clarification on any specific aspect could be beneficial.