1. Crime and Trial

2. Before the trial Crime occurs Crime occurs Investigation Investigation

3. Reasonable expectation of privacy Reasonable expectation of privacy

4. Probable Cause A good reason to believe a crime has been committed or there is evidence to be found A good reason to believe a crime has been committed or there is evidence to be found More than a hunch but less than absolutely sure More than a hunch but less than absolutely sure articulable : capable of being expressed, explained, or justified articulable : capable of being expressed, explained, or justified Is needed to search Is needed to search The more probable cause the more intrusive the search can be The more probable cause the more intrusive the search can be Rule of thumb: Is needed to search Rule of thumb: Is needed to search

5. Reasonable Suspicion More than nothing but less than probable cause More than nothing but less than probable cause Enough to investigate further and can hold someone for a limited amount of time. Enough to investigate further and can hold someone for a limited amount of time. Not enough to search Not enough to search

6. Warrants Warrants a legal paper, issued by the court, giving police permission to make an arrest, seizure, or search. a legal paper, issued by the court, giving police permission to make an arrest, seizure, or search. In order to get a search warrant there must be probable cause In order to get a search warrant there must be probable cause The Police will give an affidavit to the judge listing the probable cause The Police will give an affidavit to the judge listing the probable cause

7. Search Warrants A search warrant is needed to search a house. A search warrant is needed to search a house. Must include the WHAT and the WHERE Must include the WHAT and the WHERE What they can look for What they can look for Where they can look Where they can look

9. What if a search is illegal?

10. Exclusionary Rule Any evidence obtained illegally cannot be used in court. Any evidence obtained illegally cannot be used in court.

11. Fruit of the Poisonous Tree a rule that once primary evidence is determined to have been illegally obtained any secondary evidence following from it may also not be used. a rule that once primary evidence is determined to have been illegally obtained any secondary evidence following from it may also not be used.

12. Arrest Warrants An arrest warrant is required to arrest someone in his or her homes for a previous crime. An arrest warrant is required to arrest someone in his or her homes for a previous crime.

13. Search exceptions and details Area around a lawful Arrest Area around a lawful Arrest Also known as incident to arrest Also known as incident to arrest Cell phones (Supreme court ruling) Cell phones (Supreme court ruling) Stop and Frisk (Terry Search) Stop and Frisk (Terry Search) Consent Consent Who can give consent? Who can give consent? Plain View Plain View Hot pursuit Hot pursuit

14. Vehicles Vehicles Emergency (exigent) situations Emergency (exigent) situations Boarders and airports Boarders and airports Student searches Student searches Sobriety checkpoints Sobriety checkpoints

15. Police Questioning 5 th Amendment right to remain quiet 5 th Amendment right to remain quiet

16. Police Coercion is the practice of forcing another party to act in an involuntary manner by use of intimidation, threats, promises or some other form of pressure to get an suspect to give statements. is the practice of forcing another party to act in an involuntary manner by use of intimidation, threats, promises or some other form of pressure to get an suspect to give statements.

17. Why are the Miranda Rights required? Miranda v Arizona (1966) Miranda v Arizona (1966)

19. Miranda Rights Miranda Miranda Custody + Questioning = Miranda Rights Custody + Questioning = Miranda Rights If Miranda rights were required but not read, only what was said isn’t allowed in court. If Miranda rights were required but not read, only what was said isn’t allowed in court. It does not mean the person is free. It does not mean the person is free.

20. The arrest and trial

21. Booking Booking Initial court appearance (Bail) Initial court appearance (Bail) What is bail What is bail What is the purpose of bail? What is the purpose of bail? When can bail be denied? When can bail be denied?

22. Preliminary Hearing a preliminary hearing is a hearing in which the judge decides whether there is enough evidence to force the defendant to stand trial. a preliminary hearing is a hearing in which the judge decides whether there is enough evidence to force the defendant to stand trial.

23. Arraignment Where the defendant is officially indicted Where the defendant is officially indicted Reads the criminal charge(s) against the person (now called the "defendant"); Reads the criminal charge(s) against the person (now called the "defendant"); The defendant enters a plea to these charges The defendant enters a plea to these charges Guilty Guilty Not Guilty Not Guilty No Contest (Nolo Contendere) No Contest (Nolo Contendere) According to the US Dept of Justice, in Ninety-seven percent of convictions occurring within 1 year of arrest were obtained through a guilty plea. About 9 in 10 guilty pleas were to a felony. According to the US Dept of Justice, in Ninety-seven percent of convictions occurring within 1 year of arrest were obtained through a guilty plea. About 9 in 10 guilty pleas were to a felony. Announces dates of future proceedings in the case. Announces dates of future proceedings in the case.

24. Grand Jury Usually 23 people who determine if there is enough evidence to indict. Usually 23 people who determine if there is enough evidence to indict. Can be used instead of the preliminary hearing. Can be used instead of the preliminary hearing. Is used in all federal cases and some state cases. Is used in all federal cases and some state cases.

25. Who are the people Defendant Defendant Prosecution Prosecution Defense lawyer Defense lawyer Public defender Public defender Private defense lawyer Private defense lawyer

26. Plea Bargain What is a plea bargain What is a plea bargain Why would both sides agree to a plea bargain Why would both sides agree to a plea bargain

27. Pre Trial motions A motion is a formal request that a court make a ruling or take some other action. A motion is a formal request that a court make a ruling or take some other action. Motion to dismiss Motion to dismiss Motion to suppress Motion to suppress Motion to change venue Motion to change venue

28. Trial Speedy and Public Trial Speedy and Public Trial Jury Selection (voir dire) Jury Selection (voir dire) Jury pool Jury pool Peremptory challenge Peremptory challenge Challenge for Cause Challenge for Cause

30. Jury Must reach a unanimous verdict Must reach a unanimous verdict Beyond a reasonable doubt Beyond a reasonable doubt

31. Jury System Pros Pros Regular people Regular people Beyond a reasonable doubt Beyond a reasonable doubt Unanimous Unanimous Cons Cons Unanimous (harder to reach verdict) Unanimous (harder to reach verdict) May be swayed by appearance May be swayed by appearance Some may be easily persuaded Some may be easily persuaded Some don’t want to be there Some don’t want to be there Can’t afford to miss work Can’t afford to miss work Peer pressure Peer pressure May not see all evidence May not see all evidence

33. Evidence not allowed Rumors and biased views Rumors and biased views “everybody knows that…” “everybody knows that…” Hearsay Hearsay Repeating statements that were told to you Repeating statements that were told to you Illegally obtained evidence Illegally obtained evidence

34. Criminal Trial Procedure Opening statements Opening statements Statements made to the jury by each lawyers. An introduction to the case Statements made to the jury by each lawyers. An introduction to the case Prosecution case Prosecution case Prosecution presents all of their evidence and witnesses first. Prosecution presents all of their evidence and witnesses first. Compulsory process Compulsory process The right to force a witness to testify in court. It is carried out with a subpoena The right to force a witness to testify in court. It is carried out with a subpoena Subpoena Subpoena A court order to appear in court A court order to appear in court Testimony Testimony Statements made under oath Statements made under oath

35. Right to confront witnesses Right to confront witnesses The right to question all witnesses and challenge all evidence The right to question all witnesses and challenge all evidence Defense Case Defense Case Defense presents their case after the prosecution has rests. Defense presents their case after the prosecution has rests. Right to remain silent Right to remain silent The defendants right not to testify in court. The defendants right not to testify in court.

36. Types of defense Innocent Innocent “I didn’t do it” “I didn’t do it” Insanity Insanity “I did it but I didn’t know it was wrong” “I did it but I didn’t know it was wrong” Self Defense Self Defense “I did it but I was acting in self defense” “I did it but I was acting in self defense” Entrapment Entrapment “The police made me do it” “The police made me do it” Mistake Mistake “I did it but it was an honest mistake” “I did it but it was an honest mistake”

37. Closing statement Closing statement Each lawyer has an opportunity to address the jury. A conclusion. Each lawyer has an opportunity to address the jury. A conclusion. Jury instruction Jury instruction Judge instructs the jury as to what they must determine. Judge instructs the jury as to what they must determine. Jury Deliberation Jury Deliberation When the jury discusses the case and tries to reach a verdict. When the jury discusses the case and tries to reach a verdict. Beyond reasonable doubt Beyond reasonable doubt Means that there is not doubt about guilt Means that there is not doubt about guilt To vote to convict a juror must be beyond doubt To vote to convict a juror must be beyond doubt Unanimous Unanimous Means that all jurors must be in agreement as to guilt or innocence. Means that all jurors must be in agreement as to guilt or innocence.

38. Verdict Verdict The jury’s decision The jury’s decision Convict Convict To find guilty To find guilty Acquit Acquit To find not guilty To find not guilty Hung Jury Hung Jury When a jury can’t reach an unanimous verdict. When a jury can’t reach an unanimous verdict. The defendant can be re-tried. The defendant can be re-tried.

39. Double Jeopardy Double Jeopardy The Constitutional right that prevents someone from being tried a second time for a crime in which they were acquitted. The Constitutional right that prevents someone from being tried a second time for a crime in which they were acquitted. What isn’t a violation of double jeopardy What isn’t a violation of double jeopardy Mistrial Mistrial Hung jury Hung jury Multiple offenses Multiple offenses

40. Sentencing When? When? Pre Sentence investigation Pre Sentence investigation Pre-sentence report Pre-sentence report What happens during sentencing? What happens during sentencing?

41. Types of Criminal Sentences Suspended Sentence Suspended Sentence The sentence is given, but does not have to be served at the time it is imposed. The sentence is given, but does not have to be served at the time it is imposed. Defendant may not serve any time in jail as long as he follows rules Defendant may not serve any time in jail as long as he follows rules Probation Probation The defendant is released under the supervision of a probation officer The defendant is released under the supervision of a probation officer They must follow certain conditions such as getting a job, staying drug free, and staying current location They must follow certain conditions such as getting a job, staying drug free, and staying current location

42. House Arrest House Arrest The defendant to sentenced to serve their time in their home The defendant to sentenced to serve their time in their home Fine Fine Defendant must pay money to the government Defendant must pay money to the government Restitution Restitution The defendant is required to pay the victim for the loss or injury caused to the victim by the crime The defendant is required to pay the victim for the loss or injury caused to the victim by the crime

43. Work Release Work Release The defendant is required to work in the community but must return to jail when not working The defendant is required to work in the community but must return to jail when not working Imprisonment Imprisonment The defendant serves their sentence in jail or prison The defendant serves their sentence in jail or prison Death Death

44. Purpose of Punishments

45. Deterrence The purpose of the punishment is to deter the punished and others from committing the crime in the future. The purpose of the punishment is to deter the punished and others from committing the crime in the future.

46. Rehabilitation The purpose is to help the convicted person to change their behavior so they can live a productive life after release. The purpose is to help the convicted person to change their behavior so they can live a productive life after release.

47. Incapacitation The purpose is to physically separate the convicted person from society so the community will be protected. The purpose is to physically separate the convicted person from society so the community will be protected.

48. Retribution The government giving a just punishment for the crime “an eye for and eye”

49. Link to graphic

50. Parole

52. Eighth Amendment Eighth Amendment: Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Eighth Amendment: Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

53. What is bail and when is it excessive? Bail is money an arrested person pays for the right to leave jail. Bail is money an arrested person pays for the right to leave jail. The purpose of bail is to get the defendant to return to trial. The purpose of bail is to get the defendant to return to trial.

54. How has cruel and unusual punishment been defined by the courts? If punishment “Shocks the Conscience of the civilized world” If punishment “Shocks the Conscience of the civilized world”

55. The Death Penalty and the 8th Amendment

56. How do we determine if a method of execution is cruel and unusual? If it does more than “merely extinguish the life” If it does more than “merely extinguish the life” If it causes pain and then suffering. If it causes pain and then suffering.

57. Major Supreme Court decisions on the Death Penalty Furman v Georgia (1972) Furman v Georgia (1972) Put into modern era Put into modern era Coker v. Georgia (1976) Coker v. Georgia (1976) Only for murder (not rape) Only for murder (not rape) Ford v. Wainwright (1986) Ford v. Wainwright (1986) Can’t execute mentally insane Can’t execute mentally insane Atkins v. Virginia (2002) Atkins v. Virginia (2002) Can’t execute mentally retarded Can’t execute mentally retarded Roper v. Simmons (2005) Roper v. Simmons (2005) Can’t execute a person if they were a juvenile when they committed the crime Can’t execute a person if they were a juvenile when they committed the crime

58. Aggravating vs. mitigating circumstances Aggravating vs. mitigating circumstances