1. Basic Legal Rights Review Article I of the Constitution & the Bill of Rights, gives basic rights to all people

2. Writ of Habeas Corpus Anyone who is arrested must be brought to court & explained why they are being held

3. No Bills of Attainder Cannot punish a person without a fair trial or hearing

4. No Ex Post Facto Laws Cannot punish a person for a crime that was not a crime when the action happened

5. Due Process & Equal Protection of the Law All people are treated fairly & equally 5 th & 14 th Amendments

6. Constitutionally Defined Treason Citizens cannot wage war against government, join enemies, or aid our enemies (Espionage) ----------------------------------------------------------------- Government cannot punish political protestors

7. Innocent Until Proven Guilty

8. Right to a Grand Jury Examine the evidence to determine if you will go to trial ------------------------------------------------------- Issue indictment (formally charged of crime)

9. No Forced Self-Incrimination Do not have to testify against yourself or say anything that might show yourself to be guilty ----------------------------------- 5 th Amendment

10. Be Informed of all Accusations Against You Must tell you why you are being held --------------------------------- 6 th Amendment

11. Right to Hear & Question All Witnesses Can hear testimony against you Can question what people say -------------------------------------- 6 th Amendment

12. Right to an Attorney If defendant cannot afford one, court must provide one (state & federal court) -------------------------------------------- 6 th Amendment Gideon v. Wainwright

13. Speedy & Public Trial Trial should begin within 100 days -------------------------------------------- 6 th Amendment

14. Trial by a Jury An impartial jury of your peers ---------------------------------------- 6 th Amendment

15. No Double Jeopardy A person who is tried for a crime & found not guilty cannot be retried for the same crime -------------------------------------- 5 th Amendment

16. Right to an Appeal If you feel your trial was unfair or the law was applied unfairly, you can appeal your decision

17. Right to no High Bail, Fines, or Cruel & Unusual Punishments Punishment & bail must fit the crime ------------------------------- 8 th Amendment

18. THE JUDICIAL PROCESS

19. FEDERAL JUDGES REVIEW The President of the U.S. appoints Federal Judges & confirmation is approved by the Senate (Article III in the Constitution). Once appointed, the Judges are APPOINTED FOR LIFE, unless they are removed by impeachment.

20. NORTH CAROLINA JUDGES REVIEW All Judges in N.C. are elected to their position.

21. THE UNITED STATES COURT SYSTEM ****The United States court system is called an ADVERSARIAL SYSTEM**** An adversary is a an opponent: (Superman vs. Lex Luther; Professor X vs. Magnito) The courtroom puts people against one another

22. MAJOR PLAYERS IN THE COURTROOM

23. PUBLIC DEFENDER: court-appointed attorney for poor defendants What SC case guarantees the right to an attorney?

24. In civil cases the injured party who brings an action against an alleged offender. In criminal cases they represent the person that was wronged Plaintiff

25. an individual who a claim is made against in the court room Civil Cases: the person being sued. Criminal Cases: the person charged with committing a crime. Defense: defend the person that is charged with a crime Defendant

26. PROSECUTOR Criminal Cases: Legal representative of the Government. Proves the defendant guilty Federal Courts Prosecutor U.S. Attorney State Courts Prosecutor District Attorney

27. OTHER Bailiff: police in courtrooms Keep order in the courtroom Guard prisoners Guard jurors in deliberation (discussion). Judge: issues a sentence & controls the courtroom

28. Remember that we are “innocent until proven guilty” Burden of proof: who has the job of proving the other person guilty. Burden of Proof

29. plaintiff has the burden of proof defendant must be proven guilty “with a preponderance of the evidence” One side must present, more testimony, exhibits & evidence than the other side prosecution has the burden of proof defendant must be proven guilty “beyond a reasonable doubt” Burden of Proof Criminal Court:Civil Court:

30. JURY U.S. Citizens who listen to cases determine a person’s right to property right to freedom right to life (capital cases) Lists of jurors come from voter registration & drivers’ license lists

31. TWO TYPES OF JURIES GRAND JURY: issues indictments to charge a person with a crime they do not take part in the trials only in the indictment process. (charging the person with the crime). PETIT “TRIAL” JURY: issues a guilty or not guilty verdict Choose if a defendant is guilty or not

32. Verdict Sentence Indictment Plaintiff Defense Prosecution Public defender Grand Jury Petite Jury Hung Jury Burden of Proof Adversarial System TERMS TO KNOW