1. Our Criminal Justice System
Essential Questions: What are the stages in our criminal justice system? Is our criminal justice system fair?

2. The Crime What is a crime? A Wrongful Act w/ Intent
Wrongful – an act that harms individuals and society AND is prohibited by law before the crime was committed
Conscious intention to carry out that act
Mentally challenged? Psychiatric illness?
Not aware of the law?
Types of Crimes: Misdemeanors and Felonies
Misdemeanor: less serious than a felony, punishable by fines or short jail sentences
Felony: more serious, results in ext. prison time
Capital Crimes

3. The Investigation
4th Amendment Protects Unreasonable Searches and Seizures
Warrant must be obtained: location searched, items/people to be seized
Exceptions: Witness crime, trash on street, sobriety check points, airport searches, schools, consent searches
The Exclusionary Rule

4. The Arrest Miranda v. Arizona 1963 Miranda Warnings:
Ernesto Miranda accused of rape and kidnapping
Confessed to both crimes, but had not been informed of 5th and 6th Amendments
S.C. – for a confession to be valid, suspect must be informed of his or her rights
Miranda Warnings:
You have the right to remain silent.
Anything you say can be used against you in court.
You have the right to an attorney and have that attorney present while you are being questioned.
If you cannot afford an attorney, one will be appointed for you before questioning begins.

5. Processing Suspects After an Arrest (No notes)
Asked to provide name, DOB, other personal info
Informed of charges against them
Fingerprinted, photographed, searched
Personal property confiscated, items recorded by police officer, prisoner signs
Right to make phone calls during booking

6. Pre-Trial Activity Within 48 hours have right to appear in court
Initial Appearance:
Rights are restated, made aware of charges
Possibility of release from custody: bail
Money to guarantee he/she will return for their trial
Exceptions
Preliminary Hearing: Will there be a trial?
Grand jury weighs evidence, indicts the suspect if there is enough evidence
Arraignment
Guilty or not guilty plea
Another option: plea bargain, pros and cons

7. Talk to your neighbor:
What are several of the stages of our criminal justice system?
What are some important ideas we have talked about so far?

8. The Trial Right to a speedy trial
The right to be judged by an impartial jury of one’s peers
Jury selection – weeding out
Rule of evidence in criminal trial
Jury deliberates behind closed doors, verdict is announced
Acquitted, taken into custody, or “hung” jury
Death penalty and federal cases – jurors must be unanimous
Jury Selection

9. Sentencing and Appeals
Making the punishment fit the crime
Indeterminate sentencing – variable, review board decides parole
Determinate sentencing – fixed amount of time, not eligible for parole
Concurrent vs. consecutive
Other sentences: suspended, probation, home confinement, a fine, restitution, work release
Cases can only be appealed that there was an error of law

10. The Correction System Minimum security vs. maximum security
Prisoner’s rights: right to receive mail, get medical attention, practice religion
Can submit a request to parole board
Transition back to society can be tough