1. Call to Order What is due process? Why is it important to have rules for the cops?

2. Quick review from yesterday. 1. What is the specific role of the judicial branch? a) to write the laws b) to enforce the laws c) to interpret the laws d) to follow the laws

3. Quick review from yesterday. 1. What is the specific role of the judicial branch? a) to write the laws b) to enforce the laws c) to interpret the laws d) to follow the laws

4. Quick review from yesterday. 2. How does the president check the power of the judicial branch? a) the President can rule a law unconstitutional b) the President can get rid of members of the Supreme Court c) the President writes the laws that the Supreme Court interprets d) the President appoints members of the Supreme Court for life

5. Quick review from yesterday. 2. How does the president check the power of the judicial branch? a) the President can rule a law unconstitutional b) the President can get rid of members of the Supreme Court c) the President writes the laws that the Supreme Court interprets d) the President appoints members of the Supreme Court for life

6. Quick review from yesterday. 3. Which of these government actions is most associated with due process of law? a) creating affirmative action programs b) informing the accused of their rights c) maintaining order during times of crisis d) establishing guidelines for workplace safety

7. Quick review from yesterday. 3. Which of these government actions is most associated with due process of law? a) creating affirmative action programs b) informing the accused of their rights c) maintaining order during times of crisis d) establishing guidelines for workplace safety

8. Quick review from yesterday 4. Which of these is required by a judge before police can obtain a search warrant? a) probable cause linking the person to the crime b) reasonable doubt no other person is responsible c) plea bargaining to reduce charges d) preponderance of evidence against the accused person

9. Quick review from yesterday 4. Which of these is required by a judge before police can obtain a search warrant? a) probable cause linking the person to the crime b) reasonable doubt no other person is responsible c) plea bargaining to reduce charges d) preponderance of evidence against the accused person

10. Quick review from yesterday 5. In which of these circumstances will a judge grant a writ of habeas corpus? a) the accused person is charged with negligence b) the accused person is being held without cause c) the accused person is under the age of eighteen d) the accused person is a repeat offender

11. Quick review from yesterday 5. In which of these circumstances will a judge grant a writ of habeas corpus? a) the accused person is charged with negligence b) the accused person is being held without cause c) the accused person is under the age of eighteen d) the accused person is a repeat offender

12. Look at the crimes taped on the wall. Let’s see if we can put them in order from least offensive to most offensive.

13. Misdemeanors vs. Felonies Misdemeanors Lesser crimes. Felonies Serious crimes. Littering Disturbing the peace Trespassing Vandalism Harrassment Stealing Assault Embezzlement Burglary Arson Robbery Involuntary Manslaughter Homicide/Murder Justified Homicide

14. Arson

15. Arson: Felony

16. Assault:

17. Assault: Felony (can change depending on how violent the assault was)

18. Burglary:

19. Burglary: Felony

20. Disturbing the Peace:

21. Disturbing the Peace: Misdemeanor

22. Embezzlement:

23. Embezzlement: Felony

24. Harassment:

25. Harassment: Misdemeanor

26. Homicide:

27. Homicide: Felony

28. Involuntary Manslaughter:

29. Involuntary Manslaughter: Felony

30. Justified Homicide:

31. Justified Homicide: Felony

32. Littering:

33. Littering: Misdemeanor

34. Robbery:

35. Robbery: Felony

36. Stealing:

37. Stealing: Misdemeanor (can change depending on how valuable the items stolen were)

38. Trespassing:

39. Trespassing: Misdemeanor

40. Vandalism:

41. Vandalism: Misdemeanor

42. Prosecutor The lawyer who is trying to punish the defendant. They represent the government in a criminal case. Defense Attorney The lawyer who is trying to get the defendant off the charges or the lowest possible sentence Subpoena A document that asks witnesses to appear in court Grand Jury A group of about 23 people who decide to “formally charge” someone with a crime (indictment)

43. What is the prosecution? ?

44. What is the prosecution? Prosecutor Defendant

45. The defendant in a criminal case Who is the defendant?

46. The defendant in a criminal case defendant

47. “I didn’t do it! I swear I am iiiinnnoooooocccceennnttt”

48. The defendant has two choices Representing yourself in court (be your own lawyer) Being represented by a lawyer

49. But wait, what if the defendant can’t afford a lawyer?

50. Gideon vs. Wainwright If a defendant can’t afford an attorney (lawyer) than one will be provided for them This is your SIXTH AMENDMENT right

51. The Story of Rae Carruth

52. Background of Rae Carruth Born on Jan 20 th, 1974 in Sacramento, California Former NFL receiver for the Carolina Panthers In 2001, he was found guilty of conspiring to murder his girlfriend He is currently serving 18- 24 sentence

53. In 1997, Carruth was picked 27 th overall in the NFL draft At age 23, he signed a four-year contract for 3.7 million as a starting wide receiver He had a respectable rookie season but never lived up to expectations

54. Rae Carruth’s lifestyle Rae Carruth dated many women. Financially, his commitments began to surpass his monthly income. He lost a paternity suit in 1997 and was committed to child support payments of $3,500 a month. Money was getting tight and an injury to his foot made him concerned for his NFL future

55. Cherica Adams Carruth began dating a 24 year old woman named Cherica Adams Carruth soon discovered that Cherica Adams was pregnant with his child Carruth asked her to have an abortion but she refused to do so

56. The Crime On Nov. 15, 1999, Adams and Carruth met for a date. This was only their second date since Adams informed Carruth of her pregnancy. They attended a movie in South Charlotte. When the movie was over, they left in separate cars and Adams followed behind Carruth. Within minutes of leaving the cinema, a car drove up along side Adams and one of the occupants began firing his gun directly at her. She was struck with four bullets into her back, damaging vital organs.

57. 911 Call Struggling in pain, Cherica dialed 911. She told the dispatcher what happened and that she felt Carruth was involved in the shootings. With tears from pain, she explained that she was seven months pregnant with Carruth’s child. By the time police arrived, no suspects were to be found and Adams was rushed to the Carolina’s Medical Center. She went into surgery immediately and the doctors were able to save her baby boy, even though he was 10-weeks premature.

58. Dying Declaration Adams was hanging onto life and somehow found the strength to write out notes based on her recollection of the events that took place during the shooting. In those notes, she indicated that Carruth had blocked her car so she could not escape the deadly bullets. She wrote that Carruth was there during the attack. Based on her notes and other evidence, the police arrested Carruth for conspiring to commit first-degree murder, attempted murder, and shooting into an occupied vehicle.

59. Rae Carruth posts a 3 million dollar bail The court ordered that if Cherica Adams or her baby died then Carruth would have to turn himself in Carruth agreed to this Cherica Adams died a few days later after fighting to stay alive for nearly a month

60. Instead of turning himself in, Carruth fled Charges Turn To Murder, NFL Receiver Goes On The Run Carruth, current reciever of the Carolina Panthers, has been the centerpiece of a criminal case involving his former girlfriend Cherica Adams. Adams died last night from her injuries, and now the charges have turned to murder. Carruth, upon hearing this, has taken off and no

61. A few days later FBI agents found Carruth hiding in a friend’s trunk He was taken into custody and charged with murder Now onto the court proceedings

62. CRIMINAL COURT PROCEEDINGS INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

63. The Court Proceedings for Rae Curruth

64. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Investigation Investigators (police, prosecution) uncovered plenty of evidence indicating that Curruth had hired hit men to execute Cherica Adams to avoid paying child support TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

65. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Arrest and Booking Curruth was arrested and fingerprints were taken, mug shot taken. TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

66. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Initial Court Appearance Carruth makes first appearance in a court of law TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

67. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Grand Jury Indictment Grand jury analyzed the evidence and brought formal charge of conspiracy to commit murder TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

68. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Arraignment and Plea Charges are read out loud to the defendant by the judge and defendant enters a guilty or not guilty plea “Mr. Carruth, the charges brought against you are conspiracy to murder Cherica Adams. How do you plea?” “Your Honor, I plead not guilty” TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

69. Court Proceedings for Rae Curruth INVESTIGATION ARREST AND BOOKING INITIAL COURT APPEARANCE GRAND JURY INDICTMENT ARRAIGNMENT AND PLEA Trial and Petit Verdict and Sentencing Ray Curruth went to trial and it lasted 27 days. The prosecution brought overwhelming evidence against Curruth including one of the shooters testifying against him Carruth was sentenced to 18-24 years in prison TRIAL AND PETIT JURY VERDICT + SENTENCING PLEA BARGAIN

70. Carruth’s face after hearing his sentence

71. Why couldn’t he get a plea bargain? Carruth was not offered a plea bargain due to the nature of his crime and because the prosecution had enough evidence to convict him in trial

72. What is a plea bargain anyway? A plea bargain is when you admit to a lesser crime instead of going on trial for a bigger crime.

73. Next Activities: We are going to watch a clip from THE WIRE. I want you to copy these questions down in your notebook. Who was the defense attorney? Who was the prosecutor? (Describe them) What probable cause was used for the warrant? What was the plea bargain?