3. Think about it Think about a specific crime you are familiar with. What happens in the legal process after the crime is committed? What are some of the constitutional rights of those accused of committing a crime?

4. Group Activity In groups, put each event in order of the way they happen. What events protect the rights of the accused? What events protect the rights of the victim? Were there any steps you didn’t already know about? What are they?

5. Criminal Justice Process Crime Investigation Arrest Charges Initial appearance Grand Jury Plea Negotiations Arraignment Trial Verdict Sentencing Appeal Parole

6. Group Project What does the police report tell you about what has happened? If you were investigating this case, what else would you want to find out? You will be taking on the roles of members of a legal team to prosecute or defend one of two defendants (a man accused of homicide and a man accused of being an accomplice) You will prepare for an Arraignment. Your job will be to determine what charges should be made and to work to negotiate a plea.

7. What does a legal team need to do to prepare for an arraignment? Learn the facts of the case Research relevant laws Decide which evidence helps and hurts their case File legal documents Meet with the client Prepare arguments

8. Fact vs. Inference Facts can be verified from experience or observation Inferences are reasoned conclusions based on evidence or facts Inferences use personal judgment (even if it is well- reasoned)

9. Think about it… What facts can you state about what you see in this picture? What inferences can you make based on those facts? Why do you think it might be necessary to make inferences when investigating a crime? What dangers or challenges might there be in making inferences when investigating a crime? As members of a legal team investigating and determing how to charge a person accused of a crime, what can you do to make sure you use inferences responsibly?

10. Think about it… What crime is Freeman suspected of committing? What is homicide? Where is the law of homicide codified? Why do criminal laws need to be codified?

11. How is crime defined? Federalism-a system of government in which power is divided between a central authority and constituent (elected) political units Codes of Law-lists of prohibited actions and behaviors created by a federal or state legislature

12. Types of Crime Felonies: punishable by imprisonment for more than one year in prison Misdemeanors: punishable by imprisonment for up to one year Infractions: lesser violations

13. Criminal Procedure terms from readings Jurisdiction Probable cause Prosecutor Defendant Adjudicate Convicted Acquitted Probation Incarceration

14. Elements of criminal law actus reus – criminal act mens rea- state of mind Attendant circumstances EX. Traditional definition of burglary- “breaking and entering of the dwelling of another at night with the intent to commit a felony therein.” Most modern penal codes have removed the attendant circumstances

15. Common words used to show act and intent actus reus: steal, take, carry, lead, drive away, etc. (shows an action) mens rea: feloniously (sometimes replaced with “with intent”), fraudulently, knowingly, designedly, etc.

16. Scenario Johanna walks out of a store without realizing that a product she did not pay for has fallen into her bag. Can she be charged with theft?

17. Section 13A-8-2 - Theft of property - Definition; limitations period. (a) A person commits the crime of theft of property if he or she: (1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property; (2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property; (3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or (4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization. (b) The limitations period for any prosecution under subdivision (2) of subsection (a) does not commence or begin to accrue until the discovery of the facts constituting the deception, after which the prosecution shall be commenced within five years.

18. Group assignments All groups: Complete time line Groups A and B Look at the Law of Homicide Break down the law into its different elements and label (act or state of mind) Groups C and D Look at the Law of Accomplice Liability Break down the law into its different elements and label (act or state of mind)

19. Think About It… Which theory was most convincing? Why? What techniques did the writers use to persuade you that their viewpoint was accurate? Which theory used the most facts? Was this theory the most convincing? Why or why not? Which facts did the writer of each theory choose to leave out? Why or why not?

20. Developing a theory Read Handout 21 Answer the questions individually Discuss answers with a partner Write a theory of the case on Google Classroom Short and persuasive No longer than 2 paragraphs

21. 2/16 and 2/19 In groups, read the front of Handout 31 (overview and critique) After reading discuss the following questions: Does anything surprise you about how plea bargaining is used in the criminal justice system? What questions about the criminal justice system does this information raise for you?

22. Read scenario about Dave Discuss the following: If Dave does not plead guilty and goes to trial, what are the chances that he will be convicted? How does the penalty for aggravated battery compare to that for simple battery? Will his prior convictions affect his sentence? What other factors (such as race or class) might have an impact on why a defendant decides to plea bargain? Why?

23. As a group, create a chart on chart paper that includes the advantages and disadvantages of plea bargaining to both the defendant and prosecution.

24. What rights does the defendant give up when agreeing to a plea? If everyone accused of a crime is guaranteed the right to a trial by jury, do you think justice can be achieved if the defendant waives the right to a trial? Why or why not?

25. Plea Negotiation Planner (HO 32) Review each possible charge Identify the strengths and weaknesses of your team’s arguments for or against each charge Identify the charge you want the opposing counsel to agree to during negotiations Suggestion: Divide up the charges amongst the group

26. Think about it Can you think of a time when you had to negotiate something with your friends or family? What does it mean to negotiate? Imagine that you are a defense attorney for a client arrested for burglary. You are about to meet with the prosecution team to negotiate a plea. What might be your goal? What would make you feel like you’ve “won” at the end of the negotiation? What might the prosecutor’s goal be? What are his/her interests in the negotiation? What might the prosecutor consider a “win”?

27. Read HO 33 What might a lose-lose or a win-lose situation look like at a plea negotiation between the defense and prosecution teams? Do you think there can be a win-win negotiation between a prosecutor and defense attorney? Why or why not? Why is it important to consider the goals and interests of the other party when you begin a negotiation?

28. What should be in your case files: HO 7: “You’re on the Case” HO 9: “The Case Files” HO 10: Team B Only HO 11: Team D Only HO 12: One for each member HO 13: “Timeline” HO 15: “Law of Homicide” HO 16: “Law of Accomplice Liability” HO 17: Teams A and B HO 18: Teams C and D HO 19: Arraignment Planner HO 21: Creating a Theory Theory of the Case Criminal Defenses HO 24: Team A and B HO 25: Team C and D HO 26: “Purposes of Sentencing” HO 27: “Sentencing Law” HO 30: “Consideration of Capital Punishment” HO 31: “Plea Bargaining” HO 32: “Plea Negotiation Planner” HO 33: “Guidelines for Effective Negotiations” HO 34: “Plea Negotiation Instructions” Arraignment Script