Our Criminal Justice System Essential Questions: What are the stages in our criminal justice system? Is our criminal justice system fair?

The Crime What is a crime? A Wrongful Act w/ Intent Wrongful – an act that harms individuals and society AND is prohibited by law before the crime was committed Conscious intention to carry out that act Mentally challenged? Psychiatric illness? Not aware of the law? Types of Crimes: Misdemeanors and Felonies Misdemeanor: less serious than a felony, punishable by fines or short jail sentences Felony: more serious, results in ext. prison time Capital Crimes

The Investigation 4th Amendment Protects Unreasonable Searches and Seizures Warrant must be obtained: location searched, items/people to be seized Exceptions: Witness crime, trash on street, sobriety check points, airport searches, schools, consent searches The Exclusionary Rule

The Arrest Miranda v. Arizona 1963 Miranda Warnings: Ernesto Miranda accused of rape and kidnapping Confessed to both crimes, but had not been informed of 5th and 6th Amendments S.C. – for a confession to be valid, suspect must be informed of his or her rights Miranda Warnings: You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney and have that attorney present while you are being questioned. If you cannot afford an attorney, one will be appointed for you before questioning begins.

Processing Suspects After an Arrest (No notes) Asked to provide name, DOB, other personal info Informed of charges against them Fingerprinted, photographed, searched Personal property confiscated, items recorded by police officer, prisoner signs Right to make phone calls during booking

Pre-Trial Activity Within 48 hours have right to appear in court Initial Appearance: Rights are restated, made aware of charges Possibility of release from custody: bail Money to guarantee he/she will return for their trial Exceptions Preliminary Hearing: Will there be a trial? Grand jury weighs evidence, indicts the suspect if there is enough evidence Arraignment Guilty or not guilty plea Another option: plea bargain, pros and cons

Talk to your neighbor: What are several of the stages of our criminal justice system? What are some important ideas we have talked about so far?

The Trial Right to a speedy trial The right to be judged by an impartial jury of one’s peers Jury selection – weeding out Rule of evidence in criminal trial Jury deliberates behind closed doors, verdict is announced Acquitted, taken into custody, or “hung” jury Death penalty and federal cases – jurors must be unanimous Jury Selection

Sentencing and Appeals Making the punishment fit the crime Indeterminate sentencing – variable, review board decides parole Determinate sentencing – fixed amount of time, not eligible for parole Concurrent vs. consecutive Other sentences: suspended, probation, home confinement, a fine, restitution, work release Cases can only be appealed that there was an error of law

The Correction System Minimum security vs. maximum security Prisoner’s rights: right to receive mail, get medical attention, practice religion Can submit a request to parole board Transition back to society can be tough