1. The Criminal Justice System 3.1 – So you’ve been arrested... Monday September 15, 2014

2. Objectives: SWBAT Identify key provisions of the early criminal justice process Recognize the relationship to a person’s individual rights Analyze the effectiveness of bail and bail hearings through a simulation

4. So you’ve been arrested… Your rights in question Fifth Amendment Fifth Amendment Sixth Amendment Sixth Amendment Eighth Amendment Eighth Amendment

5. So you’ve been arrested… After an arrest is made it is common practice for their to be questioning This can take the form of conversations on the street to a full-fledged interrogation The fifth amendment The fifth amendment You are protected from “self-incrimination” You are protected from “self-incrimination” You have the right to remain silent You have the right to remain silent Miranda v Arizona Miranda v Arizona Escobedo v Illinois Escobedo v Illinois Even a voluntary confession is null if due process is not met Even a voluntary confession is null if due process is not met

6. The Miranda Warning The police will not always read the warning THIS DOES NOT MEAN YOU GET OFF! All it means is that what you say may not be able to be used against you later Berghuis v. Thompkins (2010) Berghuis v. Thompkins (2010) Staying quiet is not enough, because of this case you must physically say: Staying quiet is not enough, because of this case you must physically say: “I am invoking my right to remain silent, I want to talk to a lawyer.”

7. Pretrial Actions Booking Booking The formal process of making an arrest record Name DOB Place of employment Previous crimes? Fingerprinted and photographed Serious cases may also get a DNA cheek swab Serious cases may also get a DNA cheek swab

8. Pretrial Actions You then sit in jail until you are seen by a judge for an initial appearance You then sit in jail until you are seen by a judge for an initial appearance For minor cases this is where bail will get set, you may enter a plea here depending on the charge For minor cases this is where bail will get set, you may enter a plea here depending on the charge For felonies you must wait for the arraignment For felonies you must wait for the arraignment Every jurisdiction may be a little different, but these are the basic steps of the process Every jurisdiction may be a little different, but these are the basic steps of the process

9. Bail Bail Money paid to get out of jail Money paid to get out of jail This is a promise that you will return for trial This is a promise that you will return for trial Come back for trial, you get the money back Come back for trial, you get the money back If you do not return the court keeps the money Bail Bonds You pay a bond company a fee, they pay the rest, you skip trial, you owe them money (modern day bounty) Pretrial Actions