Presentation on theme: "Rights of the Accused Under the Criminal Due Process System Rights when 1 st Apprehended: 1.Free from “bills of attainder” – to put someone in jail without."— Presentation transcript:
Rights of the Accused Under the Criminal Due Process System Rights when 1 st Apprehended: 1.Free from “bills of attainder” – to put someone in jail without a trial; 2.Free from “ex post facto” laws – after the fact laws;
3. Right to a “writ of habeas corpus” – court order to arrest or release a person within a certain period of time. *Rights when “formally” arrested: 1.Right to remain silent; 2.Right to a lawyer; 3.Right to a trial; 4.Right to know the charges against you;
5.Right to be informed of your Constitutional rights. *Rights of the accused after the trial: 1.Right to court transcripts – court records; 2.Free from “double jeopardy” – to be tried twice for the same crime, if found innocent; 3.Right to appeal – if found guilty.
The Law Code of Virginia is the statutory enumeration of laws as created by the Virginia legislature – the Virginia General Assembly Arrest – take someone into custody with the intent of charging that person with a crime Booking – To formally charge a person with a crime – during this procedure, your photographs and fingerprints are taken by the police
*During the “preliminary hearing”, 2 things must be shown: 1.A crime was committed; 2.The accused may have committed the crime (evidence). Bail – money you pay to get out of jail until the trial (bail is not a fine)
*When can “bail” be denied in Virginia? 1.If you are a danger to society; 2.If society is considered a danger to you. On his own recognizance - to release a person, without bail, on their own authority Indictment – issued in felony cases – a grand jury sends a case to trial because there is sufficient evidence
Pretrial Activity – Lawyers gather evidence and prepare “motions” to present to the court Arraignment – the point in the court procedure when the accused in charged with a specific crime by a judge
Pleading: 1.Guilty; 2.Not guilty; 3.No contest - nolo contendere – I will not contest. Trial Stage – 1) Judge or 2) Jury Sentencing - 1) Judge or 2) Jury
Plea Bargaining – to plead guilty to a “lesser” charge Court System *Lower State Courts: 1.J.P. – Justices of the Peace; 2.Magistrates.
Special State Courts: 1.Juvenile; 2.Probate. *Special Federal Courts: 1. Court of D.C.; 2. Territorial Courts.
*Federal Appellate Courts: 1.U.S. Court of Appeals; 2.U.S. Court of Military Appeals. The Highest Court in the land is the U.S. Supreme Court
The In Re Gault case 1962 – involved a 15-year-old boy – in Arizona Background: The boy’s parents had left him alone one weekend. The boy decided to make an “obscene” phone call to the old lady next door, Mrs. Cook
Mrs. Cook called the police and had the boy arrested on the charge of making an “obscene” phone call Gault was never informed of his rights or given a phone call Mrs. Cook did not even show up at the trial, which in most cases would have meant that the case would have been dismissed
However, the Court found Gerald Gault “guilty” of the obscene phone call charge and issued their sentence: Reform school until the age of 21 Gault appealed his case, but it was not until 1967 – 5 years later – at the age of 20 – that the case made it to the U.S. Supreme Court *Note, if Gault had been an adult at the time of the “crime”, he could only have received a $50 fine
The U.S. Supreme Court made this case an example for the future (a precedent) ruling: Young people have the same rights as an adult in a Court of Law T.V. was 1 st used in the state of Florida Pro’s to using T.V. in the Court: 1.Must be given your rights; 2.Since the trial is on T.V., it may be fair.
Con’s to using T.V. in Court: 1.Lawyers play to the cameras; 2.Too many will be able to know your legal problems. Methods of selecting STATE judges: Chosen by the state legislature; Appointed by the Governor; Elected by the people.
*Missouri Plan (for choosing state judges): 1.Governor choose 3 possible choices; 2.The legislature picks 1 of those 3; 3.After 1 year, the people vote, deciding if the judge is to remain. Capital Punishment – Death Penalty – (not considered cruel and unusual punishment)
Methods of Capital Punishment used in the U.S. today: 1.Electrocution; 2.Gas Chamber; 3.Lethal Injection; 4.Hanging; 5.Firing Squad.
The Virginia General Assembly had decided that juveniles in the state are to have a separate court system. Why? Juveniles do not know all of their legal rights!
Violations of criminal law are usually prosecuted by the STATES If you plead “not guilty” to the charge against you, the burden of proof rests with the PROSECUTION!