1. DO NOW! Take the sheet, complete it. Take the sheet, complete it. Send the papers towards the Podium. Send the papers towards the Podium. That’s where that Teacher stands at!!! That’s where that Teacher stands at!!!

2. CRIMINAL LAW We finished with the Boring Stuff! On to the Stuff that Really Matters!

3. THINGS I WANT TO ACCOMPLISH UNTIL THE FINALS What is the difference between a Misdemeanor and Felony? What is the difference between a Misdemeanor and Felony? What Rights do the Accused Have? What Rights do the Accused Have? How does warrant, bail, and bail bondsman work? How does warrant, bail, and bail bondsman work? How does court work? How does court work? How do I get Selected for Jury and What am I expected to do? How do I get Selected for Jury and What am I expected to do? What happens with the death penalty? What happens with the death penalty?

4. LET’S TALK ABOUT US! Does anyone know anyone who has been arrested and convicted? Does anyone know anyone who has been arrested and convicted? Would you like to share if they had done jail time? Would you like to share if they had done jail time? Do you know what the charges was? Do you know what the charges was? Does anyone know when you can start to serve on a jury? Does anyone know when you can start to serve on a jury? What are the suspect views on the death penalty? What are the suspect views on the death penalty? Why? Why?

5. TODAY (TUESDAY MAY 19) We Will Learn…… We Will Learn…… What is and what can happen during arrest What is and what can happen during arrest Rights of the Accused Rights of the Accused Illegal Searches Illegal Searches Miranda Rights Miranda Rights

6. THE STORY OF THE BANK ROBBERY… Carlos and Jason plan to rob the First National Bank. They need the money to pay their bills. They do not want to injure anyone so Jason gets a high- powered water gun. He plans to keep the gun in his coat so that its shape will frighten the bank teller. Carlos volunteers to drive the getaway car, a new yellow Ford truck. They plan the robbery at a time when the bank has few customers. Just before leaving to rob the bank, Jason gets a call from his girlfriend, Kathy. Now they are late. Carlos makes up for lost time by speeding and running red lights. Unfortunately, they hit a woman in a crosswalk and don’t stop to help her. The woman later dies. At the bank, Jason notices that the water gun has leaked, soaking the front of his coat. They consider calling off the robbery but decide to go ahead. Everything goes smoothly until the teller sets off the alarm as Jason runs from the bank.

7. MORE BANK ROBBERY STORY… Thinking quickly, Carlos and Jason leave their car and jump into a new Corvette. (The owner carelessly left the keys in the car.) They leave town and later sell the Corvette to Honest Harvey’s Used Car Sales for $1,000. without a title. With the water gun and the money from the bank robbery, Carlos and Jason walk toward Kathy’s house. As they cross the street, they ignore a “Dont’ Walk” sign. A police officer stops them, sees the money and the gun, and arrests them.

8. CRIMINAL CRIME PROCESS 1. A Crime is Committed 1. A Crime is Committed 2. Placed Under Arrest 2. Placed Under Arrest 3. Processing 3. Processing 4. Interrogation 4. Interrogation 5. Bail Hearing 5. Bail Hearing 6. Trial 6. Trial 7. Sentencing 7. Sentencing

9. CRIME IS COMMITTED

10. WHAT IS A CRIME? What do you call a Crime? What do you call a Crime? What are some examples of crimes? What are some examples of crimes? What do you think are some common crimes that occur in Peekskill? What do you think are some common crimes that occur in Peekskill?

11. WHAT IS A CRIME? Crime – punishable offense against society In criminal cases: Defendant – Person accused of a crime Plaintiff – the state or fed. Govt., representing the public at large (prosecutor) Crimes are defined by statute (laws enacted by state or federal legislatures. - tell us what conduct is prohibited

12. PEEKSKILL CRIME REPORT 2012

13. CRIMINAL CRIME PROCESS 1. A Crime is Committed 1. A Crime is Committed 2. Placed Into Custody 2. Placed Into Custody 3. Processing 3. Processing 4. Interrogation 4. Interrogation 5. Bail Hearing 5. Bail Hearing 6. Trial 6. Trial 7. Sentencing 7. Sentencing

14. FIRST CONTACT WITH POLICE Police are called to the scene and start to investigate Police are called to the scene and start to investigate They speak to witnesses They speak to witnesses They collect evidence They collect evidence They find out information about a suspect. They find out information about a suspect. Police Stop the Suspect Police Stop the Suspect They stop the suspect and detain them. They stop the suspect and detain them. They speak to the suspect They speak to the suspect They start to question him/her They start to question him/her

15. DURING QUESTIONING Police Read Miranda Rights Police Read Miranda Rights What are the Miranda Rights ? What are the Miranda Rights ?Miranda RightsMiranda Rights Seriously what is the proper way to do Miranda Rights ? Seriously what is the proper way to do Miranda Rights ?? Why were Miranda Rights Created Why were Miranda Rights Created

16. DURING QUESTIONING CONTINUES Police Can Search You Police Can Search You Police have the right to go into the suspect pockets and check the suspect for weapons and narcotics. Police have the right to go into the suspect pockets and check the suspect for weapons and narcotics. After the suspect are read the suspect Miranda Rights and the suspect is searched, handcuffs are put on the suspect is brought to the station for processing After the suspect are read the suspect Miranda Rights and the suspect is searched, handcuffs are put on the suspect is brought to the station for processing

17. BOOKING AND PROCESSING What happens during Booking What happens during BookingBooking Search of the Suspect for Personal Belongings Search of the Suspect for Personal Belongings Interrogating Interrogating Finger Prints Finger Prints Mug Shots Mug Shots Check for Prior History Check for Prior History

18. INTERROGATION Often times the suspect is brought in to be interrogated. Often times the suspect is brought in to be interrogated. Interrogated= Interrogated= the process of questions asked by police to a person arrested or suspected to seek answers to a crime. The Suspect is often informed of his rights, right to have counsel present, and the consequences of his answers. If the police fail or neglect to give these warnings, the questions and answers are not admissible in evidence a the trial or hearing of the arrested person.

19. INTERROGATION PART 2 As a Suspect, it is in the best interest of the suspect to… As a Suspect, it is in the best interest of the suspect to… Invoke the Right for a Attorney Invoke the Right for a Attorney Remain Silent Remain Silent Do Not Waive their Rights Do Not Waive their Rights Do not make the police Upset, Do not make the police Upset, Be Respectful Be Respectful https://www.youtube.com/watch?v=iC7 cDDVXjB4

20. TODAY (TUESDAY 5/19) We Will Learn…… We Will Learn…… Understand Arraignment Process Understand Arraignment Process Understand Charges Understand Charges Misdemeanor V Felony Misdemeanor V Felony Know what they are by definition? Know what they are by definition? Know what are some examples of a misdemeanor or felony Know what are some examples of a misdemeanor or felony

21. AWAIT ARRAIGNMENT The suspect is often held at Jail for 24 to 72 Hours. The suspect is often held at Jail for 24 to 72 Hours. Often times the suspect is held in the jail, and is allowed to contact family or a lawyer. They wait until they are arraigned by a judge

22. ARRAIGNMENT Arraignment Required under the 6 th Amendment of the Constitution as a protection against authorities holding those accused in custody for an extended period without telling them the charge. Sample Arraignment

23. WHAT HAPPENS DURING AN ARRAGINMENT Advising the defendant of his constitutional rights At arraignment, the court must inform the defendant of the charges against him. In some states, the judge must read the criminal complaint, indictment, information or other charging document to the defendant unless the defendant waives the reading. Defendant pleas guilty or not guilty.

24. CHARGES FOR CRIMINAL OFFENSES

25. CRIMINAL OFFENSES There are three type of criminal offenses. There are three type of criminal offenses. Infraction Infraction Misdemeanor Misdemeanor Felony Felony Capital Crime Capital Crime

26. INFRACTION Infractions are crimes for which jail time is usually not a possible sentence. Sometimes known as petty crimes usually punishable by fines, which can be paid without even going to court. But under some circumstances, an infraction can rise to the level of a more serious crime. Running a stop sign might be a minor infraction, but not stopping for the sign and causing damage or injury is a more serious offense.

27. MISDEMEANOR They are lesser crimes for which the maximum sentence is 12 months or less in jail. lies within the seriousness of the crime. Aggravated assault (beating someone with a baseball bat, for example) is a felony, while simple battery (slapping someone in the face) is a misdemeanor. Likewise, an arrest for driving under the influence is usually a misdemeanor, but if anyone was hurt or killed or if it is not the driver's first DUI offense, the charge can become a felony. Class A misdemeanor: not more than one year in jail and not more than $1,000 in fines Class A misdemeanor Class B misdemeanor: not more than three months in jail and not more than $500 in fines Class B misdemeanor Class A Petit LarcenyCarrying a gun without a permit Second degree criminal impersonation Unauthorized radio transmission Third-degree identity theftidentity theft Class B Issuing a bad check Fortune-telling ProstitutionUnlawful assembly

28. FELONY More serious crimes that are punishable by more than one year of imprisonment More serious crimes that are punishable by more than one year of imprisonment Robbery, Robbery, Murder, Murder, Rape, Rape, Assault with a Deadly Weapon Assault with a Deadly Weapon

29. PLEA

30. PLEA A plea is a defendant's answer to a factual matter. In criminal law, a plea is a defendant's formal response of guilty, not guilty or nolo contendere to a criminal charge.

31. TYPES OF PLEAS Guilty - A plea by a defendant admitting that he committed the offense or crime charged. Not Guilty - A plea where the defendant denies the charges against him. The burden remains on the city, state, or federal government to prove its case beyond a reasonable doubt. Failure to enter a plea - If the defendant refuses to enter a plea or does not appear, the court must enter a plea of not guilty.

32. BAIL

33. WHAT IS REMAND the process of keeping a person who has been arrested in custody, normally in a remand prison, prior to a trial, conviction or sentencingarrested Often times in murder cases, assault or rape cases. Also can occur when a suspect could be a flight risk.

34. WHAT IS BAIL Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, the suspect promises to appear in court for all of your scheduled criminal proceedings. Often times is paid in cashiers check or cash.

35. IF YOU CANNOT AFFORD BAIL…. Get a bond A bond is a written promise signed by a defendant or a surety (one who promises to act in place of another) to pay the amount fixed by a court should the defendant fail to appear in court for the designated criminal proceeding at the date and time specified. Suspect often pays about 10% to a bail bondsmen

36. SKIP OUT ON BAIL Bench Arrest Warrant Bench Arrest Warrant warrant that is ordered by a judge against the defendant usually has a finders fee Bounty Hunter/Bail Bondsman Because bondsmen are liable for the bail bond amount, and the police can't always find their man (or woman), many bondsmen hire a professional bounty hunter to track down "skips.“ Searches for the suspect and arrests the suspect.