 Know the rights people have when arrested and their potential criminal liability for the action of others  Name and describe the two typs of defenses to criminal charges  Understand appropriate punishment for crimes  Explain the steps in criminal procedures

 Rights of the accused:  Miranda warning  You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be proved for you at government expense.

 Rights of those accused of committing a crime  Innocent until proven guilty  Protection against self incrimination  Testimony at trial cannot be based upon hearsay or on opinion. Must be factual

 Covered by the 4 th amendment  Must have probable cause  Must have a warrant  Evidence obtained through a violation of the 4 th amendment is considered to be “inadmissible” in court

 Evidence obtained through the questioning of a suspect without a lawyer present may be inadmissible in court  If the accused is unable to afford a lawyer, a public defender is assigned to him/her  If the accused decides to answer questions without a lawyer present, the accused still has the right to stop answering at any time to consult one

 A person who knowingly helps another in the commission of a crime is also guilty of criminal wrongdoing.  If someone is killed during the commission of a crime, all those who participated in the crime are also guilty of felony murder.

 What constitutional rights would you have if you were accused of a crime?

 Defense  A legal position taken by an accused to defeat the charges against him/her  Procedural defense  Problems with the “procedure” of the case against the defendant.  Substantive defense  Discredit or disprove the facts of the case

 Ignorance of the law is never a defense  Burden of proof in a criminal trial is on the prosecutor. The defendant does NOT have to prove his innocence.

 self defense:  Use of force that seems reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping

 to prevent serious bodily injury  To prevent or terminate the other person’s unlawful entry of or attach on the person’s dwelling, land, or occupied vehicle  To prevent hijacking of an aircraft in flight.

 Criminal insanity  John Hinckley, Jr.  hinckley-jr #synopsis hinckley-jr #synopsis

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 Purpose: not to remedy the wrong  Does not “right the wrong”  Discipline the wrongdoer  Protect society against the wrongdoer  Possible disincentive for others who are thinking of doing the same thing.  Severity

 Name the two defense categories and give an example of each

 Fines  Imprisonment  Execution

 What is the purpose of punishment for a crime?

 Pre-trial criminal procedure  Investigation  Indictment by a grand jury  Arrest warrant  Arraignment  Bail  Preliminary hearing

 Only prosecutor will present a case  Is there enough evidence to establish probable cause?  No—charges are dropped  Yes—trial, possible plea bargain  Defense can evaluate the evidence

 Preparation for trial  Defense attorney’s actions  Subpoenas  Motions

 Procedure at trial  Jury or judge?

 Jury selections  Challenge for a good cause  Preemptory challenge

 Opening statements  Prosecutor  Direct examination of witnesses  Cross examination of witnesses  Redirect examination of witnesses  Recross examination of witnesses  Jury’s turn

 Closing remarks  Jury instructions  Deliberations  Verdict

 Closing remarks  Jury instructions  Deliberations  Verdict

 What types of challenges can be used by the defense and prosecution to dismiss unwanted potential jurors?

 As a citizen…  Work to know the law and to live within the requirements  Never intentionally do something illegal  Never misrepresent a fact to obtain the goods or services of others  Never threaten others with an illegal act to cause them to do something

 If arrested, immediately contact a lawyer  Know your rights and make use of them