Download presentation
Presentation is loading. Please wait.
Published byHector Garrett Modified over 8 years ago
2
Know the rights people have when arrested and their potential criminal liability for the action of others Name and describe the two typs of defenses to criminal charges Understand appropriate punishment for crimes Explain the steps in criminal procedures
3
Rights of the accused: Miranda warning You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be proved for you at government expense.
4
Rights of those accused of committing a crime Innocent until proven guilty Protection against self incrimination Testimony at trial cannot be based upon hearsay or on opinion. Must be factual
5
Covered by the 4 th amendment Must have probable cause Must have a warrant Evidence obtained through a violation of the 4 th amendment is considered to be “inadmissible” in court
6
Evidence obtained through the questioning of a suspect without a lawyer present may be inadmissible in court If the accused is unable to afford a lawyer, a public defender is assigned to him/her If the accused decides to answer questions without a lawyer present, the accused still has the right to stop answering at any time to consult one
7
A person who knowingly helps another in the commission of a crime is also guilty of criminal wrongdoing. If someone is killed during the commission of a crime, all those who participated in the crime are also guilty of felony murder.
8
What constitutional rights would you have if you were accused of a crime?
9
Defense A legal position taken by an accused to defeat the charges against him/her Procedural defense Problems with the “procedure” of the case against the defendant. Substantive defense Discredit or disprove the facts of the case
10
Ignorance of the law is never a defense Burden of proof in a criminal trial is on the prosecutor. The defendant does NOT have to prove his innocence.
11
self defense: Use of force that seems reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping
12
to prevent serious bodily injury To prevent or terminate the other person’s unlawful entry of or attach on the person’s dwelling, land, or occupied vehicle To prevent hijacking of an aircraft in flight.
13
Criminal insanity John Hinckley, Jr. http://www.biography.com/people/john- hinckley-jr-17171774#synopsis http://www.biography.com/people/john- hinckley-jr-17171774#synopsis
15
http://edition.cnn.com/video/api/embed.html# http://edition.cnn.com/video/api/embed.html#
16
Purpose: not to remedy the wrong Does not “right the wrong” Discipline the wrongdoer Protect society against the wrongdoer Possible disincentive for others who are thinking of doing the same thing. Severity
17
Name the two defense categories and give an example of each
18
Fines Imprisonment Execution
19
What is the purpose of punishment for a crime?
20
Pre-trial criminal procedure Investigation Indictment by a grand jury Arrest warrant Arraignment Bail Preliminary hearing
21
Only prosecutor will present a case Is there enough evidence to establish probable cause? No—charges are dropped Yes—trial, possible plea bargain Defense can evaluate the evidence
22
Preparation for trial Defense attorney’s actions Subpoenas Motions
23
Procedure at trial Jury or judge?
24
Jury selections Challenge for a good cause Preemptory challenge
25
Opening statements Prosecutor Direct examination of witnesses Cross examination of witnesses Redirect examination of witnesses Recross examination of witnesses Jury’s turn
26
Closing remarks Jury instructions Deliberations Verdict
27
Closing remarks Jury instructions Deliberations Verdict
28
What types of challenges can be used by the defense and prosecution to dismiss unwanted potential jurors?
29
As a citizen… Work to know the law and to live within the requirements Never intentionally do something illegal Never misrepresent a fact to obtain the goods or services of others Never threaten others with an illegal act to cause them to do something
30
If arrested, immediately contact a lawyer Know your rights and make use of them
Similar presentations
© 2024 SlidePlayer.com. Inc.
All rights reserved.