Four Roots that helped form US government

1. The Religious and Classical Roots2. The English Roots3. English Enlightenment Thinkers 4. French Enlightenment Thinkers

First Ten Amendments

1. Basic Freedoms: religion, speech, press, assembly, and petition.

2. Right to bear arms3. Quartering of soldiers: Bans quartering of

troops in private homes during peacetime.4. Search and seizure: prevents unreasonable

search and seizure.

First Ten Amendments

5. Rights of the accused: Outlines the right to due process of the law and other legal protections.

6. Right to a fair trial7. Civil trials: Guarantees the right to jury trial in

civil cases. 8. Bail and punishment: Bans excessive bail and

punishment

First Ten Amendments

1. Rights retained by the people: Guarantees other rights not listed in the Constitution or Bill of Rights.

2. States’ rights: Reserves powers for the states and the people that are not specifically given to the national government.

•Today there are 27 total Amendments.

The Criminal Justice System

Chapter 15 and 16December 3, 2013

Bell-Ringer #37

• 1- Pick up the reading correlating with the card that you drew yesterday.

• 2- Bell-Ringer #37 is on the P-board on the left side of the room….Be prepared to discuss!– Get out your 4-corner Vocabulary

• 3- When done with the Bell-Ringer; begin actively reading your court case following the steps on the board.

Bell-Ringer Cont.

• Answers to the quotes on the board.

• Opening discussion– What do you know about our judicial system?

– What does the judicial branch do?

– Lifetime imprisonment or capital punishment?

Announcements

• Tomorrow: Sub-day– Textbook Scavenger Hunt– Chapter 15/16 Vocabulary– Judicial Branch S.S.R.---Active Reading

• Thursday/Friday– Galileo Testing

• Final Exam – Wednesday/Thursday of last week before

semester.

Day in the Life of a Criminal

• 10-year inmate James Stout – The television sets, computers, coffee makers and hot plates that

prisoners have in their cells are essential for restraining tensions, Mr. Stout said in a telephone interview.

– "You take it away, and what is going to happen to that tension that you feel?" he asked. "It's going to come out another way, I tell you."

• To habitual criminals, prisons are resorts with televisions, weight-training facilities and libraries that some colleges would envy," said State Senator Gerald A. Cardinale of New Jersey, who has sponsored a no-frills measure called the People's Prison Act, which the Legislature will take up in the fall. "For a lot of them, jail time is just an extended vacation."

Prisoner Facts

• Costs 24,000 in today’s society to support a prisoner. Poverty line is currently set at 23,040 dollars a household (family of 4)

• Often times blessed with….free education (attempt at reform), cable television, internet.

• U.S. imprisons 25% of the world’s prisoners.

Facts (Continued)

• http://www.businessinsider.com/11-facts-about-prisons-2011-7#between-1987-and-2007-state-prison-costs-rose-by-315-percent-to-4406-billion-a-year-11

Discussion..

• So what is a crime?

• What distinguishes a crime from a normal, every-day act in society?

Crime

• As defined by Merriam-Webster….– noun: An illegal act for which someone can be

punished by the government– Activity that is against the law : illegal acts in

general– An act that is foolish or wrong

Elements of a Crime

• To qualify as a crime, an act must consist of two basic elements;

1.It must be wrongful2.It must be carried out with intent• To be wrongful it must harm individuals or

society

Felonies vs. Misdemeanors

• What is the difference between felonies and misdemeanors?

• Examples Reading

Misdemeanors

• Is a criminal offense that is generally less serious than a felony.

• Punishable: fines or short jail sentences (-1y)• Examples:– Traffic violations– Assault• Trivia: What is the difference

– Between assault and battery?

Felony

• Serious crime• Punishable: extended prison time, death

sentence (capital crimes)

Amendments dealing w/ Criminal Procedures

4th: Search and seizure– Mapp vs. Ohio

• Exclusionary rule

– New Jersey vs. TLO• What is the difference in these two court cases?

5th: Rights of the accused: Outlines the right to due process of the law and other legal protections. – What about w/ students?

• Students do not shed their constitutional rights at the schoolhouse gate

Amendments dealing w/ Criminal Procedures

5th: Rights of the accused: Outlines the right to due process of the law and other legal protections. – What is due process?– One phrase to always remember…….

6. Right to a fair trial– Right to a fair trial– Right to an attorney

7. Bail and punishment: Bans excessive bail and punishment– Bail should be proportionate to the crime.– Bail not always issued.

Discussion

• Does everyone receive bail?

• What does excessive bail outlaw? – In Virginia, a HS student was imprisoned due to a

harmless “stunt/senior prank,” that student’s bail was originally posted at 300,000 dollars.

Exit Ticket

• Today’s exit ticket is a QUESTION THAT!

• The answer to today’s questions is your court case.– Example:

ANSWER: Tinker vs. Des MoinesQuestions:

1- This was a court case revolving around student free speech where students were protesting the Vietnam War by wearing black wristbands.

Due Process Rights

• Any person suspected of committing a crime has number of due process rights.– Government can not act unfairly, arbitrarily, or

unreasonably when treating criminal suspects

• 5th and 14th amendments:– Government can not deprive you of “life, liberty, or

property” with “due process of law”

– Always remember……• “Innocent until proven guilty.”

Procedural due process

• If the Government sets out to deprive someone of life, liberty, or property, it must do so through fair/reasonable legal process.

• Goldberg v. Kelly– Kelly accused N.Y. of terminating welfare

payments without a fair chance to defend their rights.

– Because of failure to provide a public hearing N.Y. violated procedural due process

Limitations on the Due Process

• Juveniles: person under the age of 18– Tried in special courts and housed in reform

schools (not prisons)– In some cases, they are tried as adults• More due rights • Stiffer penalties if convicted

4th Amendment

• Protection from Unreasonable Searches and Seizures– Police must have strong legal basis to search property

or possessions. • Most of the time a search warrant from a judge is needed

– What about plain sight?

• Difference between a student and an adult in society?– Probable cause vs. reasonable suspicion?– New Jersey vs. T.L.O?

Evidence

• Direct evidence: information provided either by witness or video or audio recording.– Phone calls– Wire-tapping, etc

• Circumstantial evidence: information that can be inferred from other facts.– Fingerprints found can infer person was present

• Just doesn’t tell you when they were present.

Illegally Gained evidence

• Local, state, and federal courts had to enforce rules against the use of evidence that was illegally obtained. – EXCLUSIONARY RULE!– Police must act accordingly to Constitution in searches.– Warrants must be specific to what they are looking for.

– Mapp vs. Ohio

Miranda Rights

• Miranda v. Arizona (1966)– Requires officers to inform suspects of their rights

as they are being arrested. – 1963 Ernesto Miranda was arrested for rape and

kidnapping after being identified in a police lineup.

– During questioning Miranda confessed in writing to both crimes.• Self-incrimination

Miranda Rights

– Police did not inform him of his 5th Amendment right against self-incrimination or 6th Amendment to have an attorney present during questioning.

– Conviction upheld• Now a confession could not be admitted as evidence

unless informed the Miranda Rights (one exception is public safety)• If a person confesses after being read the Miranda

rights, can that be held against them?

Miranda Rights

• You have the right to remain silent.• Anything you say can be used against you in

court.• You have the right to an attorney and to have

that attorney present while you are being questioned.

• If you cannot afford an attorney, one will be appointed for you before questioning begins.

Processing Suspects

• Suspects are informed of the charges • Fingerprinted • Photographed • Searched• Allowed a phone call

Preliminary Hearing

• To determine whether there is enough evidence to take the case to trial

• Grand jury: in some felony cases they are used. 16-23 jurors weigh evidence and determines if a trial is warranted.– They do several cases over a period of time (1-2m)• Keep in mind most cases NEVER make it to court.

– Only hear the prosecutions version of events

Entering a plea

• Guilty: judge will set date to announce punishment.

• Not guilty: judge will set a trial date.• Plea Bargain: defendant pleads guilty in

exchange for a lighter sentence.

Right to a Speedy and Public Trial

• 6th Amendment: “accused shall enjoy the right to a speedy and public trail.”– Congress set a limit of 100 days after an arrest for

a federal case to be brought to trail. • If not met case may be dismissed.• Defendant has right to waive this to allow attorneys

more time to prepare or to accommodate the needs of key witnesses.

Rules of Evidence in Criminal Trials

• It’s the government’s job to prove beyond a reasonable doubt that the defendant is guilty.

• Evidence must satisfy two main rules: – First it must be relevant • Must pertain to the crime/accusation.

– Second it must be competent (reliable)

Judge in a case has final say on if evidence is admissible (useable)

Self-incrimination

• 5th Amendment protects a defendant’s right not to testify.

• However, does not prohibit the state from requiring:– Fingerprints– Handwriting samples– DNA samples• This type of evidence is called physical evidence

Jury Deliberations

• Jury chooses a foreman to act as chairperson. • Discuss all aspects of the case, including court

procedures, testimony, and evidence.• If guilty, defendant taken into custody to

await punishment. • If acquittal or “not guilty” defendant leaves

the courtroom a free person. Case then over.

Jury Deliberations

• Double jeopardy: person can not be tried again for the same crime.

• Hung jury: When a jury fails to reach a unanimous verdict

Punishment

• Indeterminate Sentencing: criminal is assigned variable term in prison (minimum/maximum sentence)– This allows review board to examine the case

after a few years to determine if eligible for parole.

– Parole: an early release from prison.

Punishment

• Determinate sentencing: judge set specific amount of time criminal must serve in prison.– Often rules out possibility of parole– Fixed date for his or her release. – Multiple crimes/multiple sentences • Concurrent sentence: defendant serves each sentence

at the same time.• Consecutive sentence: two sentences back to back.