1. Protecting the Accused from Miscarriages of Justice The legal system of the U.S. is unique in the world in the number of procedural rights that it provides people suspected or accused of crimes. However, people continue to be victims of miscarriages of justice.

2. Protecting the Accused from Miscarriages of Justice A study of wrongful conviction determined that 0.5% of all felony convictions were in error. Consider that approximately 13.7 million people are arrested in the U.S. each year. That could mean 34,250 people wrongfully convicted.

3. Protecting the Accused from Miscarriages of Justice The most important factors contributing to wrongful convictions are: 1.Eyewitness misidentification 2.Police errors 3.Prosecutorial errors 4.Guilty pleas made by innocent defendants who are offered plea bargains or are mentally incompetent

4. Crimes include: Crimes include: serious moral wrongs and offences against the person; serious moral wrongs and offences against the person; offenses against the state, (which affect state security and social order); offenses against the state, (which affect state security and social order); wrongs perpetrated against the community; wrongs perpetrated against the community; and offenses against property. and offenses against property.

5. Reasons for committing a crime include greed, anger, jealously, revenge, or pride. Reasons for committing a crime include greed, anger, jealously, revenge, or pride. Others get an adrenaline rush when successfully carrying out a dangerous crime. Others get an adrenaline rush when successfully carrying out a dangerous crime. Others commit crimes on impulse, out of rage or fear. Others commit crimes on impulse, out of rage or fear.

6. The desire for material gain (money or expensive belongings) leads to property crimes such as robberies, burglaries, white- collar crimes, and auto thefts. The desire for material gain (money or expensive belongings) leads to property crimes such as robberies, burglaries, white- collar crimes, and auto thefts. Property crimes are usually planned in advance. Property crimes are usually planned in advance. The desire for control, revenge, or power leads to violent crimes such as murders, assaults, and rapes. The desire for control, revenge, or power leads to violent crimes such as murders, assaults, and rapes. These violent crimes usually occur on impulse or the spur of the moment when emotions run high. These violent crimes usually occur on impulse or the spur of the moment when emotions run high.

7. Crime is committed by people of all origins and backgrounds, and its effects are felt by all in society, not just those in direct contact with the crime. Crime is committed by people of all origins and backgrounds, and its effects are felt by all in society, not just those in direct contact with the crime. In the end, all those who are involved in active society end up experiencing some effect of crime. In the end, all those who are involved in active society end up experiencing some effect of crime.

8. Besides the obvious unrest that is experienced by citizens of a society that has crime, it is also felt in the pockets of tax payers universally. Besides the obvious unrest that is experienced by citizens of a society that has crime, it is also felt in the pockets of tax payers universally. New prisons and jails, programs for criminals and money for more police protection all come directly and indirectly out of the pocket of taxpayers in America. New prisons and jails, programs for criminals and money for more police protection all come directly and indirectly out of the pocket of taxpayers in America.

9. Types of Crimes A misdemeanor in many common law legal systems, is a "lesser" criminal act. A misdemeanor in many common law legal systems, is a "lesser" criminal act. Offenses punishable by fine not exceeding $2,500 or being jailed for a term not exceeding 12 months or a combination of fine and jail within these limits. Offenses punishable by fine not exceeding $2,500 or being jailed for a term not exceeding 12 months or a combination of fine and jail within these limits. Examples: assault, battery, domestic assault, vandalism, parking tickets, most speeding tickets and possession of a very small quantity of marijuana. Examples: assault, battery, domestic assault, vandalism, parking tickets, most speeding tickets and possession of a very small quantity of marijuana.

10. A felony is a severe crime, in the US usually punishable upon conviction by a large fine or by a term of imprisonment longer than one year or by both fine and imprisonment, or which is punishable by death. A felony is a severe crime, in the US usually punishable upon conviction by a large fine or by a term of imprisonment longer than one year or by both fine and imprisonment, or which is punishable by death. Felonies can be categorized as either violent or non-violent offenses. Felonies can be categorized as either violent or non-violent offenses. Examples: possession of narcotics (cocaine, methamphetamine, etc.), homicide, rape, theft over 500 dollars, aggravated assault, battery, arson, burglary, illegal drug abuse or sales, embezzlement, tax evasion, treason, espionage, racketeering, robbery, murder, kidnapping and fraud. Examples: possession of narcotics (cocaine, methamphetamine, etc.), homicide, rape, theft over 500 dollars, aggravated assault, battery, arson, burglary, illegal drug abuse or sales, embezzlement, tax evasion, treason, espionage, racketeering, robbery, murder, kidnapping and fraud.

11. Steps in Criminal Justice Process: Crime Occurs Crime Occurs Crime Occurs Crime Occurs Investigation and Arrest or Citation Investigation and Arrest or Citation Investigation and Arrest or Citation Investigation and Arrest or Citation Initial Appearance Initial Appearance Initial Appearance Initial Appearance Preliminary Hearing or Trial Information Preliminary Hearing or Trial Information Preliminary Hearing or Trial Information Preliminary Hearing or Trial Information Arraignment and Plea Arraignment and Plea Arraignment and Plea Arraignment and Plea Discovery and Plea Negotiations Discovery and Plea Negotiations Discovery and Plea Negotiations Discovery and Plea Negotiations Trial Trial Trial Sentencing Sentencing Sentencing Victim Impact Statements Victim Impact Statements Victim Impact Statements Victim Impact Statements

12. The steps in a criminal trial Booking Booking Arraignment Arraignment Bail or Detention Bail or Detention Preliminary Hearing Preliminary Hearing Jury selection. Jury selection. Opening statements Opening statements Calling witnesses Calling witnesses Exclusion of witnesses from the courtroom Exclusion of witnesses from the courtroom Examination of witnesses Examination of witnesses Sentencing Sentencing Fine, Probation, Jail Fine, Probation, Jail Appeal Appeal

13. Basic Element of Criminal Law Presumption of Innocence: Presumption of Innocence: - Anyone charged with a criminal offense is presumed to be innocent until proven guilty. - The prosecution must prove guilt; the defense does not need to establish innocence. - The prosecution must prove guilt; the defense does not need to establish innocence.

14. Civil Liberties: Protecting Individual Rights Due Process of Law

15. Due Process The government cannot deprive anyone of “life, liberty or property, without due process.” The government cannot deprive anyone of “life, liberty or property, without due process.” The government must act fairly, using fair laws, with fair procedures. The government must act fairly, using fair laws, with fair procedures.

16. Substantive Due Process Sometimes governments pass laws which are not constitutional Sometimes governments pass laws which are not constitutional Skinner v. OK, 1942 – OK required all felons with 3 convictions to be castrated Skinner v. OK, 1942 – OK required all felons with 3 convictions to be castrated It was overturned as unconstitutional and the law was thrown out It was overturned as unconstitutional and the law was thrown out

17. Substantive Due Process Pierce v. Society of Sisters, 1925 – the law required all students to attend public school, destroying private and parochial schools Pierce v. Society of Sisters, 1925 – the law required all students to attend public school, destroying private and parochial schools The court threw out the law. The court threw out the law. Students may attend any school for their education. Students may attend any school for their education.

18. Procedural Due Process Sometimes governments pass good laws but are poorly implemented Sometimes governments pass good laws but are poorly implemented Rochin v. CA, 1952 – Rochin swallowed drugs and had his stomach pumped to get it Rochin v. CA, 1952 – Rochin swallowed drugs and had his stomach pumped to get it Police may not invade a person to get evidence Police may not invade a person to get evidence

19. Procedural Due Process Miranda v. AZ, 1966 – Miranda confessed to rape without knowledge that he could get an attorney. Miranda v. AZ, 1966 – Miranda confessed to rape without knowledge that he could get an attorney. The portion of the law that was not followed was eliminated and Miranda received a new trial. The portion of the law that was not followed was eliminated and Miranda received a new trial.

20. Police Power The police are the ‘middle men’ between governmental laws and the public. The police are the ‘middle men’ between governmental laws and the public. They are responsible to promote the public health, safety, morals and general welfare They are responsible to promote the public health, safety, morals and general welfare Conflicts arise frequently Conflicts arise frequently

21. Testing for Drunkenness What are the correct procedures to determine sobriety? What are the correct procedures to determine sobriety? Breathalyzer Breathalyzer Walk a line Walk a line Touch your nose Touch your nose Blood test Blood test All have been or are being used All have been or are being used

22. Testing for Drunkenness Courts usually side with the police in order to protect the public from drunk drivers. Courts usually side with the police in order to protect the public from drunk drivers. Schmerber v. CA, 1966 – found it ok to draw blood to check for alcohol content Schmerber v. CA, 1966 – found it ok to draw blood to check for alcohol content

23. Other Laws States can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution and require vaccinations States can limit the sale of alcoholic beverages and tobacco, make laws to combat pollution and require vaccinations States can forbid concealed weapons, require seat belt use, and punish drunk drivers States can forbid concealed weapons, require seat belt use, and punish drunk drivers

24. Other Laws States can regulate gambling and outlaw the sale of pornography and prostitution. States can regulate gambling and outlaw the sale of pornography and prostitution. States can require compulsory education, provide medical care and limit the profits of utility companies. States can require compulsory education, provide medical care and limit the profits of utility companies.

25. Rights of Privacy The Constitution grants us the “right to be let alone” The Constitution grants us the “right to be let alone” Griswold v. CT, 1965 – found a state law prohibiting birth control counseling and all devices to be unlawful Griswold v. CT, 1965 – found a state law prohibiting birth control counseling and all devices to be unlawful The Courts cannot police bedrooms The Courts cannot police bedrooms

26. Roe v. Wade, 1973 Texas made abortion a crime Texas made abortion a crime The US Supreme Court found the law unconstitutional The US Supreme Court found the law unconstitutional Woman may receive an abortion in the first trimester (3 mo) Woman may receive an abortion in the first trimester (3 mo) The state can make restrictions for woman to receive an abortion in the second trimester (6 mo) The state can make restrictions for woman to receive an abortion in the second trimester (6 mo)

27. Roe v. Wade, 1973 States can choose to prohibit abortions during the last trimester, also called partial birth abortions, except when saving the life of the mother States can choose to prohibit abortions during the last trimester, also called partial birth abortions, except when saving the life of the mother

28. Complex Abortion Rulings Some states have passed laws to restrict abortions Some states have passed laws to restrict abortions Most have enacted laws requiring women have counseling before an abortion and wait 24 hours Most have enacted laws requiring women have counseling before an abortion and wait 24 hours Women under 18 must have parental permission Women under 18 must have parental permission

29. Complex Abortion Rulings Harsher requirements that try to restrict the decision of Roe v. Wade are overturned by the US Supreme Court Harsher requirements that try to restrict the decision of Roe v. Wade are overturned by the US Supreme Court CA recently rejected a parental notification law for 17 year old girls CA recently rejected a parental notification law for 17 year old girls

30. Complex Abortion Rulings The US Supreme Court overturned a PA law requiring a woman to notify her husband of an abortion The US Supreme Court overturned a PA law requiring a woman to notify her husband of an abortion