Presentation on theme: "Our Criminal Justice System"— Presentation transcript:
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 committedConscious intention to carry out that actMentally challenged? Psychiatric illness?Not aware of the law?Types of Crimes: Misdemeanors and FeloniesMisdemeanor: less serious than a felony, punishable by fines or short jail sentencesFelony: more serious, results in ext. prison timeCapital Crimes
3 The Investigation4th Amendment Protects Unreasonable Searches and SeizuresWarrant must be obtained: location searched, items/people to be seizedExceptions: Witness crime, trash on street, sobriety check points, airport searches, schools, consent searchesThe Exclusionary Rule
4 The Arrest Miranda v. Arizona 1963 Miranda Warnings: Ernesto Miranda accused of rape and kidnappingConfessed to both crimes, but had not been informed of 5th and 6th AmendmentsS.C. – for a confession to be valid, suspect must be informed of his or her rightsMiranda 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 infoInformed of charges against themFingerprinted, photographed, searchedPersonal property confiscated, items recorded by police officer, prisoner signsRight 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 chargesPossibility of release from custody: bailMoney to guarantee he/she will return for their trialExceptionsPreliminary Hearing: Will there be a trial?Grand jury weighs evidence, indicts the suspect if there is enough evidenceArraignmentGuilty or not guilty pleaAnother 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 peersJury selection – weeding outRule of evidence in criminal trialJury deliberates behind closed doors, verdict is announcedAcquitted, taken into custody, or “hung” juryDeath penalty and federal cases – jurors must be unanimousJury Selection
9 Sentencing and Appeals Making the punishment fit the crimeIndeterminate sentencing – variable, review board decides paroleDeterminate sentencing – fixed amount of time, not eligible for paroleConcurrent vs. consecutiveOther sentences: suspended, probation, home confinement, a fine, restitution, work releaseCases 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 religionCan submit a request to parole boardTransition back to society can be tough