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Criminal Procedure -adversarial nature Prosecution-Defense State v. defendant -misdemeanor: A minor crime, punishable by a fine or a light jail term. Common misdemeanors, such as traffic violations, are usually dealt with informally, without a trial -felony an offense, as murder or burglary, of graver character than those called misdemeanors, esp. those commonly punished in the U.S. by imprisonment for more than a year.
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Arrest -Rights Read -Booked & Charged with crime -Attorney contacted
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Preliminary Hearing -Charges are read -Bail can be issued
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Indictment -A Grand Jury decides if formal charges will be filed
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Arraignment -Suspect will plead innocent or guilty -Trial Date is set -Court Docket: court calendar: often time the date is set for months later
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Plea Bargaining -Some suspects plead guilty before a trial if they are given a lighter punishment
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Trial -(Petit)Jury is selected 12 people -Opening Statements: a lawyers chance to introduce the facts of the case -Prosecution’s evidence: the state always goes first because they have the burden of proof
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Trial -Cross-Examination: the interrogation of a witness called by one's opponent -Defense’s Case: they go after the prosecution and try to discredit the evidence -Closing Statements: The layers last chance to summarize the facts of the case -Jury Instructions: must not talk to public, and find defendant guilty beyond a reasonable doubt
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Personal Testimony and Verdict http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane1.html http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane1.html http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane1.html http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane1.html http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane2.html http://americanrhetoric.com/MovieSpeech es/moviespeechthehurricane2.html
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Closing Argument Clips http://americanrhetoric.com/MovieSpeech es/moviespeechtokillamockingbird.html http://americanrhetoric.com/MovieSpeech es/moviespeechtokillamockingbird.html
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Jury -Follow Instructions given by the judge -Elect a Foreperson -Must make unanimous decision: all jurors have to agree -Hung Jury: what happens if all the jurors do not agree, results in a mistrial
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Verdict -Must be unanimous decision -Jury may be polled -Jury issues verdict (their decision) -Guilty or Not-guilty (acquittal) -Judge issues sentence: the punishment
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From Cross Examination to Sentencing http://americanrhetoric.com/MovieSpeech es/moviespeechtheshawshankredemptiond ufresnetrial.html http://americanrhetoric.com/MovieSpeech es/moviespeechtheshawshankredemptiond ufresnetrial.html
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Juveniles -Court System treats youth offenders very differently -A Juvenile is someone considered underage -Usually 16 to 18 16 in NC
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Juvenile Delinquency -Juvenile Delinquents are youths who have broken the law -Should youth offenders be treated differently???
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Juvenile Courts -Goal of Juvenile Courts To deter juveniles from future criminal acts and rehabilitate them to make them better -Cases deal with neglect by parents, abuse, or delinquency
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Juvenile Hearing http://americanrhetoric.com/MovieSpeech es/specialengagements/moviespeechscent ofawoman.html http://americanrhetoric.com/MovieSpeech es/specialengagements/moviespeechscent ofawoman.html
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Juvenile Arrest -Juveniles are handled differently when arrested -Parents notified -Usually released to parents -Court date is set
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Juvenile Court -Private Court Room setting -No jury trial -More of a hearing than a trial -Attorneys may be used if no desired
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Juvenile Protections -Identity is secret and private -Juvenile records are sealed at age 18 -Usually Lighter punishments
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Juvenile Punishments -Lectures -Reformatory Schools -Foster Care -Institutional Placement -Probation -Community Service
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Parole http://americanrhetoric.com/MovieSpeech es/moviespeechtheshawshankredemptionp aroleboard.html http://americanrhetoric.com/MovieSpeech es/moviespeechtheshawshankredemptionp aroleboard.html
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