1. Criminal Law and Procedure February 25

2. The System Adversarial –People v. Defendant http://www.scscourt.org/ –Link to Criminal then to Self-help criminal-then read about Misdemeanors and Felonies

3. The Participants People are represented by: –District Attorney (county) –Attorney General (state) –City Attorneys Defendants represented by: –Public Defenders –Court appointed attorneys –Private Attorneys

4. The Court Superior Court—criminal division

5. Levels of Crimes Infraction –i.e. traffic offenses Misdemeanor –Punishable by county jail, low fine or probation Felony –Punishable by state prison, higher fine or probation All crimes found in code

6. Categories of Crimes Crimes against the person Crimes against property “Victimless” crimes

7. Criminal Procedure Criminal Procedure is a branch of constitutional law. Criminal procedure is –the process of facilitating criminal prosecutions and –the process of protecting the rights of criminal suspects and defendants

8. The Constitution 4th Amendment: prohibits unreasonable searches and seizures 5th Amendment: contains the due process clause and the privilege against self-incrimination 6th Amendment: guarantees the right to counsel and other rights regarding trial 8th Amendment: prohibits cruel and unusual punishment 14th Amendment:incorporates rights in due process and makes them applicable to states

9. The Exclusionary Rule This rule excludes evidence when it has been acquired in violation of constitutional protections. Evidence that is obtained illegally cannot be used at trial. This means the jury will never see it!

10. Misdemeanor Procedures Complaint filed in Superior Court—limited jurisdiction Arraignment Discovery Pretrial Hearing Motions (Sometimes) Trial Sentencing

11. Felony Procedings (Non-Drug) Complaint filed (Superior Court—limited jurisdiction) /Arrest Warrant issued/Grand Jury Hearing Arraignment F.A.R. (Felony Advance Resolution) Preliminary Examination or Grand Jury Indictment—Probable Cause hearing Discovery Arraignment on Information (prelim) or Indictment (grand jury) Motions Trial Sentencing

12. PLEADINGS IN CRIMINAL CASES Complaint—Felony & Misdemeanor Information—Felony; after Prelim Indictment-Felony; after Grand Jury

13. Drug Court Deferred Entry of Judgment Treatment

14. Trial Number of jurors Burden of Proof Verdicts

15. Sentencing Jail v. prison Probation Alternatives –Work furlough –Community service –House arrest Parole

16. Special Issues in California Three Strikes Death Penalty

17. Juvenile Proceedings Juvenile court = Superior Court general jurisdiction Age Limit--Under 18 Most cases start in Juvenile Court Serious cases—D.A. can file in adult court Fitness hearing Trial (Court, if juvenile) Sentencing