Lesson 5-2 Criminal Procedure

Goals:  Know the rights a person has when arrested  Recognize a person’s potential criminal liability for the actions of others  Understand the justifiability of the common defenses to criminal charges

Rights & Responsibilities  Due Process- requires fundamental fairness in governmental actions -Right to not self-incriminate -Right to cross-examine -Right to be represented by a lawyer

 To be convicted of a crime, the evidence MUST establish guilt with proof beyond- to the vast majority- about 90%  Right to a jury by trial- where all jurors must agree  Rights are subject to reasonable limits… Example: What’s Your Verdict (being there identifies oneself, but does not indicate guilt.)

Responsibility for the Criminal Conduct of Others  A person who aids another in a crime is also guilty. (see illustration on chalkboard)

Procedural Defense  Based on problems with the way evidence is obtained or the way the accused is arrested, questioned, tried, or punished  Ignorance is not a defense

Substantive Defense  Disprove, justify or excuse the alleged crime  Discredit the facts, the eyewitness, claim self-defense (when the use of force that appears, criminal insanity, and immunity), criminal insanity (when the accused does not know the difference between right/wrong), and immunity (freedom from prosecution).

 Contempt of Court- when a witness refuses to testify after their have been granted immunity.  Punishment- any penalty provided by law and imposed by a court.  Plea Bargaining- when the accused voluntarily gives up the right to a public trial to avoid the risk of a greater penalty if convicted.

 An individual who helped in a car jacking in which someone was killed by another car jacker can be charged with murder. True or False?  Which of the following is not a good defense to criminal accusations? (a) immunity (b) insanity (c) indebtedness (d) all are good defenses  Self-defense is a (a) procedural defense (b) substantive defense  Immunity is never granted to someone who has committed the crime. True or False?

 Art is charged with kidnapping. After listening to all the evidence, 11 of the 12 jurors found him guilty. The twelfth juror voted that he was not guilty. Has Art been convicted of the crime?  Rosa shot a burglar in her home when he was about to enter her bedroom with a knife in his hand. What would be a good defense for her?