Due Process

What is Due Process? Principle in the 5th Amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals.

Due Process Fifth Amendment – Rights of Accused Persons “nor be deprived of life, liberty, or property, without due process of law” 14th Amendment – Rights of Citizens (1868) “nor shall any State deprive any person of life, liberty, or property, without due process of law” This is known as the Due Process Clause. ************Read Gideon v. Wainwright***************

Criminal Justice Process

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Gideon’s Due Process Investigation & Arrest Preliminary Hearing – Request for Attorney Denied Initial Hearing/1st Appearance Charged with petty theft Pled not guilty Trial Was Found Guilty Sentencing 5 years Appeal Supreme Court of Florida Denied Appealed to U.S. Supreme Court Remanded to original court for retrial with court appointed attorney. Found not guilty

Types of Defenses The Defendant Didn't Do It Usually defendants will try to avoid punishment by claiming they did not commit the crime. I didn’t do it! The Presumption of Innocence Reasonable Doubt The Alibi Defense

Types of Defenses The Defendant did it, but… I did it, but this is why (justification) Self-Defense The Insanity Defense Under the Influence Entrapment Ignorance of the Law

Sentencing The type of sentence received for a guilty verdict depends upon the type of crime and the severity of the crime. Time served Fine Probation Jail/Prison Death Penalty

Effects of Crime http://youtu.be/EA22SKaQ5hU

WHAT DO YOU KNOW ABOUT THE EFFECTS OF CRIME? Have you or someone you know been the victim of crime? What was the crime? Think about the impact of that crime on you or the victim you know. What were some of the ways you (or the victim) were affected by the crime?

Effects of crime usually = victim’s injuries or losses Physical Injuries - could be cuts, bruises, wounds, contracting a sexually transmitted disease, etc. Emotional Injuries - insomnia, fear, guilt, feeling alone, confusion, depression, increased risk-taking behaviors and recklessness, difficulty concentrating or decreased school performance, etc.

Effects of crime usually = victim’s injuries or losses Financial Injuries - medical expenses, legal fees, loss of wages, money or property stolen, repairs required to fix property, costs of transportation, lodging, meals, and other expenses incurred through hospital and doctor visits and participation in legal proceedings, etc.

Effects on the Community People can become increasingly concerned or afraid. People lose loved ones. Businesses might close or move away. http://www.bing.com/videos/search?q=Urban+Blight+crime&qs=n&form=QBVR&pq=urban+blight+crime&sc=0-0&sp=-1&sk=#view=detail&mid=937339185112ED142CDB937339185112ED142CDB People may move away to live somewhere else. If enough businesses close and/or people move away, the loss in tax revenue could hurt the quality of schools and city services. People might eventually isolate themselves from each other, destroying the spirit of the community and surrendering control to criminals.

Effects on the Victim shock/denial anger/rage feeling powerless guilt Adults: shock/denial anger/rage feeling powerless guilt depression acceptance

Effects on the Victim Younger Victims: clinging more closely to adults crying/irritability withdrawal/isolation /panic changes in eating and sleeping habits shortened attention span reckless play denial of the event decrease in school performance unaccustomed listlessness or hyperactivity

WHO ARE VICTIMS? _____ Most Americans will never be victimized by crime. False ______ Women are more likely to be victims of crime than men. ______ Violent crimes are less common than property crimes. True ______ Rich people are more likely to be victims of property crime than poor people.

WHO ARE VICTIMS? ______ People who are under the age of 15 are more likely to be victims of violent crime than people who are older than 15. True ______ If a person looks vulnerable, they are at greater risk of becoming a victim of crime. ______ Most violent crimes are committed by strangers. False ______ The crime rate is decreasing.

WHO ARE VICTIMS? For two more points: Give two reasons WHY crime might be on the decrease.