LINN COUNTY, Iowa — The State of Iowa filed its lists of witnesses and proposed exhibits on Sunday, as they prepare for the trial of the man accused of murdering 10-year-old Breasia Terrell.
90 witnesses and around 140 exhibits will be brought up in the case against Henry Dinkins, who is the girl's half-brother's father.
But how do criminal trials work in Iowa?
The Iowa Judicial Branch outlines the following order of events for criminal trials here, but are also listed below.
Criminal Trials
Criminal Trial Jury Selection— If the case proceeds to a jury trial, the parties will have the opportunity to question the prospective jurors—a process called "voir dire" that is used to screen jurors. In a criminal case, the jury is comprised of 12 jurors and each party may exercise strikes, which means objecting to a certain person serving on the jury. The number of strikes is determined by the level of the offense charged, ranging from four to ten. Additionally, the court may determine that alternate jurors are necessary.
Opening Statements—Following jury selection, the state will read the trial information or indictment and the defendant’s plea. Next, the state may then give an opening statement that summarizes the evidence and the charges the state will prove. The defendant may give an opening statement immediately following the state’s opening statement or wait to give an opening statement after the prosecution has finished its case.
Presentation of Evidence —After opening statements, the parties present evidence through the questioning of witnesses and the introduction of evidence such as objects, documents, photos, and other items that support allegations. Each party must abide by the Iowa Rules of Evidence in doing so. These rules govern what evidence is admissible at trial and how it is presented. If a party believes the other party is not following the rules, that party may raise an objection: “I object!” The judge will then either sustain (grant) or overrule (deny) the objection. During a bench trial, the judge may reserve ruling on the objection. The state will present its evidence first. The defendant is not required to present any evidence because the state bears the burden of proving the defendant is guilty beyond a reasonable doubt. If the defendant presents evidence, the state has the opportunity to present rebuttal evidence. Also, both sides have the right to cross-examine each other’s witnesses.
Closing Arguments—Once the parties are through presenting their evidence, they each have an opportunity to make closing arguments to the jury. Closing arguments are an opportunity to persuade the judge or jury to decide the case in favor of a party. Closing arguments must be based upon the evidence produced in trial.
The Verdict—Unlike a civil jury trial, the jury in a criminal case must return a unanimous verdict-either guilty or not guilty. The jury may also find the defendant guilty of a lesser charge, if that lesser charge was submitted to the jury in the jury instructions. If the jury cannot reach a unanimous verdict, the court will declare a mistrial and the case may be tried again to another jury at a later date if the prosecutor so chooses.
Sentencing
After the return of a verdict, the jury’s duty is complete. The jury is not involved in determining the defendant’s punishment; sentencing is left solely to the judge. The court will schedule a sentencing hearing, and both sides will have the opportunity to make sentencing recommendations.
Pre-sentence Investigation—Before any defendant is sentenced (except in traffic and less serious criminal matters), the judge is given a pre-sentence investigation report prepared by a probation officer. This report contains information such as the defendant’s criminal record and family and financial circumstances, harm to any victims, and sentencing recommendations from the probation officer and others.
Victim Impact Statement—Victims may make a written victim impact statement and read their statement in court.
Sentencing Laws—The legislature decides the types of punishments that apply to each type of crime. In determining the sentence of a particular defendant, the court considers which sentence or combination of sentences as authorized by the legislature, in the discretion of the court, will provide for the maximum opportunity for rehabilitation of the defendant and the protection of the community from further offenses by the defendant.
Deferred Judgment—In some cases, the court may grant the defendant a deferred judgment. If the defendant successfully completes certain conditions during a fixed period of probation, the crime will be removed from the public court record. After careful consideration, the court will impose a sentence that may include a fine, jail or prison term, probation, community service, and victim restitution. The amount of a fine or the term of imprisonment entered against a defendant must be within the parameters set by the legislature. Judges do not have the legal authority to impose sentences outside these statutory parameters.
Incarceration—A defendant who is sentenced to a term of imprisonment greater than one year is turned over to the custody of the Iowa Department of Corrections, an executive branch agency. The department decides in which prison facility the defendant will serve the sentence. However, a defendant who receives a sentence of less than one year typically serves that time in a county jail.
Parole—Defendants who are sent to a state correctional facility may be released prior to the expiration of their sentence. This early release is known as parole. Parole is granted by the parole board, which is an executive branch body composed of citizens appointed by the governor and confirmed by the Iowa Senate. Certain conditions are attached to parole. If a defendant violates these conditions, parole may be revoked and the defendant may be returned to the correctional facility.
Probation—Probation is another sentencing option. Probation comes with court-ordered conditions attached. A defendant must comply with these conditions to successfully complete probation. A defendant who violates a probation order may be sent to a correctional facility or a county jail. A defendant who is on probation is placed under the supervision of a community-based correctional program that monitors the defendant’s compliance. In Iowa, community-based correctional programs are public agencies that are supervised by appointed boards of directors.
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