In your Interactive Notebook: Unit.Day 3.7Criminal Law & Procedures

Today’s OBJECTIVE(S) -- WRITE THESE DOWN:

– I can define each phase of criminal procedure and put them in order

• WARM UP– Why does the government have

the burden of proof in criminal cases?

– AND: give an example of how a lawyer might create “reasonable doubt” in the mind of a jury

ON YOUR DESK: 1) laptop (warming up)2) Interactive NB3) (Completed) Study guide

Updates & Deadlines

• SUBMIT By Today:– Study Guide: through 2.7– Children’s Book Project– ACES paragraph #1

• Cite a case that demonstrates how courts interpret and protect the constitution.

• Today’s Agenda– SG through 3.7; Current

events– Final touches on book– NGG breaks down

criminal procedure– End of class quiz

Current Events Discussion: Find an article today if you need to.

• All students must: – present an article at least once each week.– Final chance to present will be on Fridays;

• last 15 minutes each Friday being dedicated to current events discussions.

Weekly presentation and participation in class discussions on Current Events counts as 5% of your final grade.

The papers you will eventually write on controversial issues will count as 10%.

2nd Quarter paper due in December.

What are the Steps in a Criminal Case?1. Arrest, and booking2. Suspect appears in court and is informed of the

charges against him/her3. Bail is set or suspect is released with a promise to

return for the court date4. Information/Arraignment ~ suspect is formally

presented with the charges and has to enter a plea

Textbook pp. 371-373

What are the Steps in a Criminal Case?1. Plea2. Trial3. Guilty (Sentencing), Not Guilty (Acquittal), and

Hung Jury (Mistrial)

Textbook pp. 371-373

Components of a Trial1. Jury Selection2. Opening Arguments3. Witnesses Testify4. Cross-Examination5. Closing Statements6. Jury Deliberation7. Verdict8. Sentencing (Only if found guilty)

Textbook pp. 372-373

Why do they say the court system is “adversarial?”

Adversarial

• Adversarial = Conflict• 2 sides present opposing arguments

What are the two sides?

Prosecution and Defense

• Defendant Person charged with a crime• Defense Tries to prove that the defendant is

not guilty• Prosecution Tries to prove that the

defendant is guilty

Arraignment

• Defendant Can Plead Guilty or not guilty• Plea Bargain saves the state time and money

– Defendant usually gets a reduced sentence for a guilty plea

Before the case

• Each lawyer submits a “brief”– Presents the argument as to why h/she should win

the case

The Decision to Plea-BargainOffering plea bargains gives prosecutors lots of power.

Justice in America is dispensed mostly through plea bargaining.

Plea Bargaining• The defendant may be allowed to plead guilty to a

lesser offense.• A defendant who pleads guilty may receive a

lighter sentence.• A defendant may plead guilty to one charge in

exchange for the prosecutor’s promise to drop another charge.

Plea BargainingThe bargain a prosecutor will strike generally depends on three factors:• The seriousness of the offense• The defendant’s criminal record• The strength of the prosecutor’s case

Plea BargainingPlea bargaining is widely used because of several factors:• It reduces uncertainty in the criminal justice

process.• It serves the interest of the participants

Prosecutors get high conviction rates. Judges reduce their caseload.

continued…

Plea Bargaining Defense attorneys spend less time on each case

and avoid expensive trials. Defendants get lighter sentences than they

might have gotten from juries, and can avoid conviction on stigmatizing crimes such as child abuse.

To Start the Trial…

• Opening statement– Provides an outline for the argument s/he will be

present

Who oversees the trial?

Judge

• Job is to make sure that the case proceeds in a fair and legal way

The JudgeJudges have a variety of responsibilities in the criminal justice process:• Determining probable cause• Signing warrants• Informing suspects of their rights• Setting and revoking bail

continued…

The Judge• Arraigning defendants• Accepting guilty pleas• In some jurisdictions, managing their own

courtrooms and staff• Allowing the jury a fair chance to reach a

verdict on the evidence presented

Who else works in a court?

Other Court Jobs

• Bailiff Keeps order in the court, swears in witnesses

• Court Reporter Keeps a transcript of the trial

Key Actors in the Court Process

The three key actors in the court process are:

• The prosecutor• The defense attorney• The judge

The ProsecutorProsecutors have the authority to:

• Decide whether to charge or not charge a person with a crime

• Decide whether to prosecute or not prosecute a case

• Determine what the charge will be

The Defense AttorneyThe Sixth Amendment gives the right to a lawyer.

What Supreme Court Case guaranteed that right?

Giddeon v. Wainwright

You get a lawyer even if you are too poor to pay for one.

• Types of defense lawyers– Public defenders– Private attorneys

The Public Defender• Paid by the government• Usually have lots and lots and lots of cases

• Too many clients to spend lots of time on one case

• Works closely with prosecutors• They deal with each other all the time by

working on the same cases.

Private attorney

• If you can afford it, you can pay your own lawyer.

• Often private lawyers are better than public defenders– They have more time to work on your case– Sometimes, what you pay is what you get

• Sometimes cheap lawyers aren’t very good

Witnesses

• People who testify under oath during the trial– Expert witnesses: scientists, police officers, or

others who can testify about how to interpret or explain evidence

– Eye witnesses: people who saw a crime happen• Has been proven to be fairly unreliable.

– Character witnesses: people who testify that the defendant is a good/bad person to help create an image of that person for the jury

Perjury

• Lying under oath during the trial– If you don’t tell the truth during the trial, you can

be held in contempt of court or sent to prison.

Who makes the decision about guilt or innocence?

The Jury System

• Juries are regular every day people selected to determine whether the prosecution is able to prove a person “guilty beyond a reasonable doubt”

• Jurors are paid very little, just enough to offset cost of missing work.

• Jury duty is required and is a civic duty

The VerdictVerdict – the decision of the jury• 3 options:

– Acquittal: not enough evidence to prove the accused person committed the crime

– Guilty: evidence is sufficient to prove beyond a reasonable doubt that the accused person did what they are accused of doing

– Hung Jury: jurors are divided and cannot reach a verdict• Verdicts must be unanimous – all jurors agree

“beyond a reasonable doubt”

• Jury must reach a unanimous decision – every juror agrees

• Jurors must be convinced that the defendant committed the crime

• If juror has a REAL doubt that the person did what they are accused of, they must vote to acquit– Doubt must be reasonable, not imagined

Mistrial

• If something happens during the trial that the Judge believes will prevent jurors from giving a fair trial to the defendant, the Judge can order a Mistrial.– They have to start over with a new set of jurors