1. Criminal Case Steps
Arrested and booked

2. Initial Appearance Given criminal complaint – charges
Bail is determined or released on signature bond
Crime
Flight risk
Resources/wealth
Advised and given the right to counsel
Date set for preliminary hearing

3. Preliminary Hearing Witnesses brought to determine probable cause.
If cause found, bound over for trial.

4. Arraignment Plead Guilty or Not Guilty Pretrial motions
Evidence allowed? Illegal searches? Warrants?
Plea negotiations
Discovery – includes naming witnesses

5. Then. . .
Trial date set
Trial
If guilty, sentencing hearing

6. Trial Eyewitness testimony given Testimony is known to be questionable
Can be anyone
Both sides can question witness
Defendant can be a witness
Testimony is known to be questionable
How questions are asked
Our memories are not good, can be changed (jury)!

7. Gideon Case 1961
40 year old Clarence Gideon arrested for breaking into a pool hall. Too poor to hire a lawyer. Represented himself.
Florida said 6th Amend. right to lawyer applied only to capital cases (death penalty cases).
Found guilty (5 years)
Wrote S.C., they unanimously said he gets a lawyer
With no lawyer, it’s not due process.

8. Miranda Case 1966
Arrested and signed a typed confession w/o lawyer or being told of his rights.
Lawyer at trial said evidence couldn’t be used
S.C. will agree
Need to be given “Miranda Rights.”
“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.”

9. Miranda Rights Police must ask…
Do you understand each of these rights?" and
"Understanding each of these rights, do you wish to speak to the police without a lawyer being present?"

10. Jury Duty Everyone over 18, US citizen Paid (but very small amount)
Can’t be penalized for missing work
Might be compensated for missing time
Unusual to last long periods of time, overnight.
Must be impartial, not related to case.

11. Juries Defense and prosecution can strike jury members
Sometimes juries can ask questions and take notes
Juries must wait until after the trial to discuss it with the public

12. Decisions Guilty- all members of the jury agreed. (Defense can appeal)
Hung jury- members could not agree upon a verdict (prosecution might appeal). Defendant is free to go.
Not Guilty- all members of the jury agreed
Penalty if guilty- sometimes the jury decides, sometimes the judge decides. There is a recommendation from the prosecution

13. Prisons 2 million prisoners Costs roughly $25,000 a year per prisoner
¼ of all the world’s prisoners
Costs roughly $25,000 a year per prisoner
Growing b/c of:
Juveniles tried as adults
Drug war
3 strikes and you are out (life in prison for any three felonies)
Strike sentencing guidelines

14. Crime Prevention
There are major debates about whether these are effective or not.
Tougher Laws
Longer sentences
Death Penalty
Rehab and education
For drug users
These are voluntary