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Path to Prison Gallery Walk (APIATS)
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Arrest When a suspect is arrested, police read them their Miranda Rights and take them into custody Booking occurs when the police take the fingerprints and mug shot of suspect Questions to Answer What are Miranda Rights? From what Supreme Court Case do these rights originate? What happens during the booking process?
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Preliminary Hearing •Judge informs suspect of the crime
•Bail is set to ensure the suspect returns to court Questions to Answer What happens at a preliminary hearing? Which amendment protects us from excessive bails?
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Indictment Pronounced in-dite-ment
Grand Jury decides if enough evidence exists for a trial to take place Defendant is formally charged with a crime Questions to Answer What happens during the indictment phase? Why do you think it is important for our system to have grand juries? “The grand jury indicted on three counts of assault…”
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Arraignment Defendant pleads guilty or not guilty
I plead guilty to the charge... Defendant pleads guilty or not guilty If the plea is guilty, defendant will usually get a shorter sentence than if they go through trial and are found guilty Questions to Answer What happens during arraignment? What is the advantage of pleading guilty?
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Trial (if plea is NOT guilty)
Trial takes place in county/district/municipal court Lawyers do... 1.Opening statements 2.Direct Examination 3.Cross Examination (question other sides’ witnesses) Then... Jury comes to a verdict (decision): guilty (convict) or not guilty (acquit). Convictions require the jury to be unanimous Questions to Answer What do lawyers do during a trial? What does a jury do? Which Amendment guarantees the right to an attorney? Which Supreme Court case supported this further?
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Sentencing If the defendant is convicted, the jury and judge play a role in deciding the punishment In many cases, the jury plays no role and the judge makes the decision. Other times, the jury recommends a sentence and the judge can reduce it (depends on the crime/location) Questions to Answer Who decides the punishment? If there is an unfair sentence, what options do you think the defendant has? “On the charge of murder in the first degree, I hereby sentence you to life in prison, without parole”
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