1. Put this into your own words
You have the right to remain silent. Anything you say can and will be used against you in a court of law.
You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.
Do you understand these rights?

2. Miranda v. Arizona, 1966 Facts of the case: Court’s decision:
Protects against self-incrimination
5th Amendment
Protects the right to an attorney
6th Amendment
History
Enforcement

3. Legal Terms to Review
What Amendments are the following associated with?
Writ of habeas corpus
Bills of attainder
Ex post facto
Due process
Equal protection clause
Double jeopardy
Grand jury
Fair trial
No cruel or unusual punishment or excessive bail

4. Warm Up Give a synonym for each word
Grand – major, extravagant, big
Petty –small or insignificant
What does it mean to be ‘civil’ to another person?
To act mature
Polite
Getting along with others

5. Is this case civil or criminal
Who is the defendant?
April Johnson returned to her car after shopping at the mall. She found the driver’s side door broken into, and her navigation system and cell phone missing. From the mall security camera the police were able to identify the person who broke into the car and make an arrest.

6. American Legal System (15.3)
Civics 4.3

7. I. Procedure in a Criminal Case
Arrest
Must get warrant for arrest from judge
Suspect informed of their crimes, read rights
Indictment
grand jury decides whether to indict- formally charge of a crime
Always the state or federal gov’t that charges someone of a crime

8. C. arraignment -Brought to court to hear charges against them
Defendant makes a plea of guilty or innocent
If the he says guilty – the defendant arranges a plea bargain with the prosecution
defendant pleads guilty to a lesser crime
If says innocent –proceeds to jury trial
Can be released on bail while awaiting trial
Money you pay as a promise you will show for trial

9. Court Room

10. D. Elements of a Criminal Trial
Prosecution (gov’t) -party who starts proceedings
Defendant -person accused of crime always goes second
jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone

11. Summons- requests someone to testify in court
subpoena- requires someone to testify in court
call witnesses to give testimony who are cross-examined by other side
Procedure of criminal trial:
opening statements
Witnesses & evidence
cross-examination of witnesses & evidence
closing statements

12. E. Verdict and Sentencing
Innocent until proven guilty “beyond reasonable doubt”
Verdict- judgment of jury of peers
If prosecution has not proven case, jury can decide on acquittal- vote of not guilty

13. if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial
sentencing- judge decides in all cases except death penalty- jury decides in capital cases (death penalty)
Can appeal to higher courts, death penalty automatically appealed to NC Supreme Court

14. What are the two categories of crime?
Plea bargains and misdemeanors
Misdemeanors & civil
Civil & criminal
Felony & misdemeanors

15. Which of the following is not a part of due process?
Trial by jury
Protection from double jeopardy
Right to an attorney
Right the refuse arrest by the police

16. Who can be adversaries in a criminal court case?
The bailiff and court clerk
The plaintiff and defendant
The defendant and the state
The witness and court stenographer

17. Habeas corpus Bail Settlement Plea bargain
A sum of money an arrested person pays to a court to win release from jail while awaiting trial is called:
Habeas corpus
Bail
Settlement
Plea bargain

18. Explain items #1 - 6
Place the events of due process in order
Arraignment
Sentencing
Arrest
Indictment
Trial
Verdict

19. Warm Up
What would be a fair & ethical punishment for a person who has been convicted of deliberately murdering two people?
What would be a fair & ethical punishment for a 15 year old who has been convicted of robbing an 80 year old woman?

20. “Addressing Criminal Behavior” (15.3, 16.3)
Civics Warm Up:

21. I. Justifying Punishment
Theory of retribution- criminal deserves punishment because of the crime they commit
Deterrence- both criminals and others see consequences of crime and punishment

22. punishment designed to rehabilitate
Rehabilitation- minds and characters of criminals should be reeducated to reenter society
Juveniles- under 18
punishment designed to rehabilitate
with murder, tried as an adult if over 16
Norwegian Prisons
US vs. Norway prisons

23. II. Types of Punishment (sentencing)
Incarceration- locked up in jail/prison
St. Louis jail
Hardest -
three-strikes laws- mandate long-term incarceration if convicted of felony 3 times
2. structured sentencing- formal sentencing based on severity of crime and prior record
-if guilty person is mentally ill, sentenced to mental institution
3. mandatory sentencing –judge must impose whatever sentence the law directs for that crime

24. holds (detains) people either to
B. Detention- state punish or investigate
C. Probation- suspends jail sentence for a fixed time
D. Suspension- a privilege is taken away for a period of time
E. House Arrest-confinement to your home

25. Confiscation of property- take away criminal’s property
Monetary compensation- payment of money for return (restitution) of property
Confiscation of property- take away criminal’s property
Capital punishment- death penalty, for murder or treason
History of Death Penalty

27. Close What is your view about prison after today’s class?
Which theory of punishment do you think best serves society? Why?