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Criminal Procedure -misdemeanor Lesser crimes -felony Violent/serious crimes.

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Presentation on theme: "Criminal Procedure -misdemeanor Lesser crimes -felony Violent/serious crimes."— Presentation transcript:

1 Criminal Procedure -misdemeanor Lesser crimes -felony Violent/serious crimes

2 Arrest Police must have an arrest warrant -Rights Read “Miranda Rights” -Booked & Charged with crime Fingerprinted and photographed -Attorney contacted 6 th Amendment; do not have to talk until attorney is present

3 Preliminary Hearing -Charges are read Writ of habeas corpus Prosecution must show probable cause to hold/charge person -Bail can be issued 8 th Amendment Recognizance: let you go without paying bail

4 Indictment -A Grand Jury decides if formal charges will be filed 5 th Amendment Indictment - if there is enough evidence, person is officially charged with the crime

5 Arraignment -Suspect will plead innocent or guilty Can plead “no contest” -Trial Date is set Lawyers gather evidence -Court Docket Court calendar with all trial dates

6 Plea Bargaining -Some suspects plead guilty before a trial if they are given a lighter punishment May turn over needed evidence to convict someone else Too many people in the court system, get people through quickly

7 Trial -(Petit) Jury is selected Jury of peers selected by lawyers and judge Court is adversarial in nature -Opening Statements Outline case to present -Prosecution’s evidence State’s lawyer/accuser presents evidence first

8 Trial -Cross-Examination Bring down testimony (question opposite side’s witnesses) -Defense’s Case Lawyer presents accused’s side -Closing Statements Wrap-up the case presented, last chance to address the jury -Jury Instructions Judge explains the law in the case

9 Jury -Follow Instructions given by the judge Deliberate in secret -Elect a Foreperson Leads the jury’s discussion and voting -Must make unanimous decision All must agree “Beyond a reasonable doubt” -Hung Jury Jury cannot agree, judge rules a mistrial (most stop here)

10 Verdict -Must be unanimous decision -Jury may be polled Asked how/why they voted the way the did; do not have to answer -Jury issues verdict Decision, result -Guilty or Not-guilty (acquittal) -Judge issues sentence Punishment (may not be same day) May appeal verdict/sentence

11 Juveniles -Court System treats youth offenders very differently -A juvenile is someone considered underage -Usually 16 to 18 Or younger

12 Juvenile Delinquency -Juvenile delinquents are youths who have broken the law All states allow older juveniles with previous records to be tried as adults In re Gault -Should youth offenders be treated differently??? Different proceedings? Different punishments?

13 Juvenile Courts -Goal of Juvenile Courts Rehabilitation - teach juveniles to be productive members of society -Cases deal with neglect by parents, abuse, or delinquency

14 Juvenile Arrest -Juveniles are handled differently when arrested In re Gault - must be given rights -Parents notified -Usually released to parents -Court date is set

15 Juvenile Court -Private Court Room setting Only those who are involved may attend the trial -No jury trial Judge only -More of a hearing than a trial Judge examines evidences, issues sentence -Attorneys may be used

16 Juvenile Protections -Identity is secret and private Juveniles usually not fingerprinted or photographed -Juvenile records are sealed at age 18 Hopes for a non-criminal future -Usually lighter punishments

17 Juvenile Punishments -Lectures -Reformatory Schools -Foster Care Placed with new guardians -Institutional Placement Correctional facility or hospital -Probation Usually includes school attendance and behavior -Community Service


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