It was bound to happen because the corporations have actually all but destroyed local news reporting. There is no more investigative journalism. And God forbid the professional journalist expose the corruption of local politicians.
Slowly, but surely these Internet reporters are learning their craft and how to use and abuse public records. The real issue is will their audience financially support them?
They are beginning to succeed with advertisers. CWB in Chicago. Cash Jordan likes to go anywhere the action is happening. Many live streamers are out there.
Their failures are in not getting interviews from witnesses and bureaucrats. That may work self out. Most of the larger jurisdictions offer educational tours of court houses where court procedures are explained. I suspected community colleges have programs where people can learn how to dig and tell their stories. Newspapers have all been disappeared and local television news will follow. People will begin to trust their favorite Internet, bloggers and vloggers more than their current local broadcasters.
Artificial intelligence will also help these amateurs how to research information and tell stories in a coherent manner. For example I asked AI to explain how a criminal case begins and ends. If you’re going to report on crimes, you need to know this. They should also know the exact charges someone is facing and what is the possibility of prison time.
How a Criminal Case Begins
The Arrest
A case usually starts when someone is arrested based on probable cause. That can come from a victim’s report, an officer’s observations, or in rare situations a warrant already issued by a judge. The arresting officer books the suspect, gathers the basic identifiers, fingerprints them, and sends the paperwork to the prosecutor for review.
If the officer did not have a warrant, the case goes in front of a judge within a short time for a probable cause check. It is not a full hearing. It is simply a safeguard that keeps officers from arresting people on a hunch.
Bail and the First Court Appearance
Within a day or two the accused appears before a judge. The judge sets bail, orders release with conditions, or denies release entirely if the charge or history justifies it. Bail used to be simple. Now it is a stew of risk assessments, politics, public safety concerns, and whether the court thinks the defendant will play hide and seek.
At this first appearance the defendant hears the charges, is advised of rights, and is given a future court date.
Charging: Grand Jury or Preliminary Hearing
Felony cases usually need a formal probable cause finding. States use one of two systems.
Grand Jury
A grand jury is not a trial. It is a private session where prosecutors present evidence to a panel of citizens. Defense lawyers are not allowed inside. The defendant usually is not allowed either. The prosecutor runs the show, controls the witnesses, and frames the narrative. The grand jurors vote on whether to issue an indictment. The standard is low. If the prosecutor wants an indictment, they get one. The old joke is that a grand jury will indict a ham sandwich.
Preliminary Hearing
If a state does not use a grand jury, the judge holds a preliminary hearing. Both sides attend. The prosecutor puts on evidence to show probable cause. The defense can cross examine and go after weak spots. Judges rarely toss a case here, but the hearing often reveals cracks in the prosecution that matter later.
Arraignment
Once there is an indictment or a probable cause ruling, the defendant is arraigned. The charges are read, a plea is taken, and the case is assigned to a particular track. This is where the court decides whether the case is heading toward negotiation, trial, or a specialty program.
Pretrial Motions and Hearings
Before trial the lawyers fight over what the battlefield will look like. Motions are filed to shape what evidence the jury will see.
Typical motions include:
- Motions to suppress illegally obtained evidence
- Motions to dismiss defective counts
- Motions to exclude statements or witnesses
- Discovery fights over what must be turned over
The judge holds hearings and rules on these disputes. Many cases live or die during this phase.
Plea Negotiations
Most cases never reach trial. Prosecutors make offers. Defense lawyers push for better terms. Defendants decide between risk and certainty. A smart plea can save decades. A stupid one can destroy a life.
Jury Selection
If there is no deal the case goes to trial. Jury selection, called voir dire, comes first. Lawyers question potential jurors to uncover bias, hidden agendas, or personality traits that scream trouble. Both sides get challenges for cause and a limited number of peremptory challenges they can use for nearly any lawful reason.
A fair jury is a fantasy. A workable jury is the real goal.
The Trial
A criminal trial follows a rigid sequence.
- Opening statements
- The prosecution case with witnesses, physical evidence, and experts
- The defense case if one is presented
- Rebuttal if needed
- Closing arguments
- Jury instructions from the judge
- Jury deliberations
The prosecution must prove guilt beyond a reasonable doubt. That is the highest legal burden in the country.
The Verdict
The jury returns with guilty, not guilty, or hung. A hung jury means the case can be retried unless the prosecution decides it is not worth the trouble.
Sentencing
If the defendant is convicted the case moves to sentencing. The judge reviews a probation report, argument from the lawyers, victim impact statements, and the law. Sentences can range from probation to lengthy prison time. Mandatory minimums and sentencing guidelines can limit the judge’s discretion.
After Sentencing
Appeals, post conviction motions, habeas petitions, and sentence modification hearings can follow. That world has its own rules and its own headaches.
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