1. Journal– 3/8/12
Read the article “Searching for Details Online, Lawyers Facebook the Jury” and answer the questions on the back of your packet .

2. From Crime to Doing Time What Courts Do
The Judicial System
From Crime to Doing Time What Courts Do

3. BrainPOP | Trials

4. Stages of Criminal Justice

5. Protections for the Accused5

6. Miranda Rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
Created in 1966 as a result of the US Supreme Court case of Miranda v. Arizona.
Intended to protect the suspect’s Fifth Amendment right to refuse to answer self-incriminating questions.
1963 – Ernesto Miranda confessed to rape and kidnapping w/out being informed of his right against self-incrimination and right to have an attorney
Supreme Court – for a confession to be considered valid, a suspect must be informed of his rights

7. Investigation What happens?
Police present evidence of probable cause to judge
Judge issues search warrant
Police conduct search
Police seize evidence & talk to witnesses
Police present evidence to a prosecutor

8. BRAINSTORM What are the rights of the suspect?
What are the criminal justice procedures?
Fourth Amendment
Police must conduct reasonable searches and seizures that do not go against a person’s “reasonable expectation of privacy”
Searches w/out warrants can be conducted only when special circumstance exist ex: sobriety checkpoints, airports
Search warrants must be based on probable cause and must describe the exact place to be searched and items or persons to be seized
Exclusionary Rule protects suspects from evidence that is seized illegally

9. Arrest
What happens?
Police present evidence of probable cause to judge
Judge issues arrest warrant
Suspect is read Miranda rights
Suspect is arrested
Suspect is booked
A person is not necessarily under arrest because he voluntarily accompanies the police to the police station or submits to police interrogation.
Typically police are empowered to make warrantless arrests for misdemeanors occurring in their presence, certain misdemeanors occurring outside their presence, and felonies.

10. BRAINSTORM What are the rights of the suspect?
What are the criminal justice procedures?
Arrest warrants must be issued by judge and must be based on probable cause
Miranda rights upon arrest – 5th Amendment
Upon booking, suspects are informed of charges – 6th amendment
Suspects have right to make a phone call – 6th amendment

11. Pretrial What happens? Suspect makes initial appearance in court
Suspect is released on bail
Grand jury hears case
Suspect may receive plea bargain
Suspect is arraigned
The grand jury is investigatory and accusatory body acting under the authority of the court. The prosecutor presents witness testimony and other forms of evidence before the grand jury for their consideration. The imposition of the grand jury into the accusatory process was designed as a check on unbridled government power to prosecute. Unfortunately, there is little to no judicial oversight of the grand jury process. The prosecutor, in reality, controls the entire process.
Following the prosecution’s presentation, the grand jury votes on whether there is “probable cause” to believe that the accused has committed the crime or crimes charged. The grand jurors do not determine guilt or innocence.

12. BRAINSTORM What are the rights of the suspect?
What are the criminal justice procedures?
Within 48 hours of arrest, suspects must have opportunity to appear in court
Told of charges filed against them- 6th amendment
Appointed lawyer at the public’s expense – 6th amendment
Prosecutor must prove there is probable cause that crime was committed and that suspect committed it
Judge can deny bail based on public safety – 8th amendment

13. Trial
What happens?
Jurors are selected randomly and are sent jury summons
Jurors may be challenged “for cause”
Lawyers issue preemptory challenges
Prosecution & Defense present evidence and call witnesses
Jurors deliberate
Jury foreman announces verdict

14. BRAINSTORM What are the rights of the accused?
What are the criminal justice procedures?
6th amendment – right to fair and speedy trial
Federal case must be brought within 100 days or it is dismissed
Judges may change location of trial or isolate jury so it is not influenced by public opinion
Jury must consist of members of local community
Escobedo rule – disallows evidence gained from confession made without attorney present – 6th amendment
5th amendment – cannot be witness against yourself or tried twice for the same crime (double jeopardy)

15. Sentencing & Appeals What happens? Judge requests pre-sentence report
Judge chooses to apply indeterminate sentence
Defendant may request appeal
Appeals Court may deny appeal

16. BRAINSTORM What are the rights of the accused?
What are the criminal justice procedures?
8TH AMENDMENT – no cruel and unusual punishment
Judge tries to make punishment fit the crime
Prisoners who are insane, mentally handicapped or minors cannot be executed
Right to appeal to higher court if its possible that jury selection was flawed, lawyer was ineffective, law not interpreted correctly, or due process rights were denied
Prosecution cannot withhold evidence

17. Corrections What happens? Prisoner is sent to prison
Prisoner applies for parole
Parole board hears testimony & examines evidence
Prisoner may be released

18. BRAINSTORM What are the rights of the accused?
What are the criminal justice procedures?
Prisoners must be given basic standard of living
Prisoners are granted access to parole process
Prisoners have right to receive mail, get medical care, practice religion and exercise regularly

19. The Case of Dwight Dexter
With your group, you will review exhibits from the case of Dwight Dexter to determine if his civil rights were upheld during his trial and appeal

20. The Case of Dwight Dexter
Create a large T-Chart with the column headings: Evidence that Dexter’s Right Were Upheld & Evidence that Dexter’s Rights Were Not Upheld
Answer the questions at the bottom of each document (in writing) and use T-chart to record findings
Be ready to share your answers

21. Debriefing
Were the rights of Dwight Dexter upheld during the investigation and arrest? Why or why not?
Were the rights of Dwight Dexter upheld during the jury selection? Why or why not?
According to the Supreme Court precedents mentioned in Exhibit C, were the rights of Dwight Dexter upheld in the criminal justice process? Why or why not?

22. Reflection Answer this question in your journal:
How “just” is our criminal justice system?