Warm-Up (61L) TURN BACK SEVERAL PAGES… What is the purpose of punishment? ( in your opinion) Turn back to your list of 5 laws for your new society that you wrote at the beginning of this unit (on this page, 61L). For each of those laws, write a punishment that you deem would be appropriate if someone broke that law. In addition, explain why that punishment would be appropriate.

Criminal procedure

Recap: Rights of the Accused

1. Arrest Crime committed, police investigate Arrest is made w/ probable cause Suspect charged w/ crime (fingerprint, photo, etc)

2. Preliminary Hearing Suspect goes before judge Prosecution must show probable cause Bail sets Judge Aubrey Ledwaba during Oscar Pistorius's bail hearing in the Pretoria High Court on December 8, 2015, in Pretoria, South Africa.

3. Indictment Formal charge by grand jury

4. Arraignment Hearing Defendant formally presented w/ charges & enters a plea Not guilty: case continues (goes to trial) Plea bargain: plead guilty to lesser charge in return for lesser punishment No contest: facts true but not admit guilt Q:        So what’s the difference between pleading guilty and pleading no contest? A:        Good question. Sometimes there’s no difference whatsoever and sometimes there’s a big difference. If you plead guilty, you are admitting to the facts and the legal consequences of those facts. The benefit of a no-contest plea (when you admit the facts, but not your guilt) is that it allows you to avoid a trial if your defense has become hopeless, but it prevents the plea from being used against you in any later civil or criminal proceeding. It also allows you the opportunity to appeal rulings by the court, such as rulings allowing certain evidence to be used by the government.  Q:        Can you provide an example? A:        Let’s say Driver Dan rear-ends Driver Pete’s car. Rear-ending someone is a traffic violation known as “failure to maintain an Assured Clear Distance Ahead” (ACDA). Say State Trooper H. Abe comes to the scene to investigate and gives Dan a ticket for ACDA. In addition to the ticket, Pete sues Dan in small claims court to recover the cost of repairing the damage to his car that was caused by the accident. If Dan goes to court on the ticket and pleads guilty to the ACDA (because he knows Trooper Abe and the prosecutor have an open-and-shut case) then Pete can use that guilty plea against Dan in the small claims suit because, by pleading guilty, Dan is completely admitting to the facts and  his own guilt. If Dan pleads no contest, though, Pete cannot use that as an admission by Dan in the small claims suit. 

5. Trial Jury trial: Select jury Opening statements Witness testimonies Cross-examination Closing statements Jury deliberation (decision) Burden of proof: beyond reasonable doubt Bench trial: case tried before judge only (no jury) Link- 12 Angry Men jury deliberation scene https://www.youtube.com/watch?v=0jxVnlRdelU

6. Verdict Jury must be unanimous Acquittal: vote of not guilty Hung jury: jury can’t agree  mistrial Sentencing: punishment Guilty defendant can appeal conviction & sentence

Sentencing… Purpose of Punishments Retribution Deterrence Get back at someone for what they’ve done (“eye for an eye”) Prevent people from committing the crime Rehabilitation Incapacitation Get people back on right track & back into society Keep dangerous people away from others