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Chapter 1 The Pursuit of Justice Unit #1 Notes Packet.

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1 Chapter 1 The Pursuit of Justice Unit #1 Notes Packet

2 Chapter 1 1 Miranda v Arizona  In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present (violation of his 5 th and 6 th Amendment rights). At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights. Unit #1 Notes Packet

3 Chapter 1 2 Miranda Rights The following is a typical Miranda warning:  You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?  Each state can add more Unit #1 Notes Packet

4 Chapter 1 Miranda Rights Update  On June 1, 2010, in deciding the Berghuis v. Thompkins case, the United States Supreme Court declared that criminal defendants who have been read the Miranda rights (and who have indicated they understand them and have not already waived them), must explicitly state during or before an interrogation begins that they wish to be silent and not speak to police in order for that protection against self-incrimination to apply. Unit #1 Notes Packet

5 Chapter 1 Probable Cause – Review (again).  A reasonable belief that a person has committed a crime.  test is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime  In the criminal arena probable cause is important in two respects.  police must possess probable cause before they may search a person or a person's property, and they must possess it before they may arrest a person.  in most criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted  Reasonable suspicion is a level of belief that is less than probable cause  The requirement of probable cause works in tandem with the warrant requirement  New Jersey v TLO (1985) set a special precedent for searches of students at school. The Court ruled that school officials act as state officers when conducting searches, and do not require probable cause to search students' belongings, only reasonable suspicion. 4 Unit #1 Notes Packet

6 Chapter 1 5 Facets of Guilt Try to prove to establish probable cause:  Means  person had the ability to do the crime  Motive  person had a reason to do the crime (not necessary to prove in a court of law)  Opportunity  person can be placed at the crime Unit #1 Notes Packet

7 Chapter 1 The Arrest  An arrest takes place when the police hold you in custody and your freedom to leave is restricted  The Miranda Rights should be read to arrested individual before they are questioned 6 Unit #1 Notes Packet

8 Chapter 1 7 The Steps  After a suspect has been arrested:  Booked  basic information is collected (name, address, ss#, photo, fingerprints)  Must remain in holding cell until trial date or bail is posted.  Bail is the amount of money you must pay to be released from jail until your trial. Posting bail, is an agreement that the booked individual will appear in court for their trial. Unit #1 Notes Packet

9 Chapter 1 Arraignment  Arraignment  suspect hears charges brought against them  Suspect also offers a plea of guilty, not guilty, not guilty by reason of insanity, double jeopardy, or no contest  Called plea-bargaining Unit #1 Notes Packet

10 Chapter 1 The Guilty Plea  If you plead guilty, you must admit you committed the crime.  By pleading guilty, you give up your right to trial by a jury or judge.  This includes your right to face and question witnesses against you and your right to remain silent 9 Unit #1 Notes Packet

11 Chapter 1 The No Contest Plea  A no contest plea allows the judge to find you guilty without your admitting guilt. A plea of no contest, if accepted by the judge, has the same effect as a plea of guilty. It means you do not admit your guilt but do not want a trial because you believe a trial is not in you best interest 10 Unit #1 Notes Packet

12 Chapter 1 The Not Guilty Plea  A not guilty plea is entered when you are innocent, when you are not certain which plea to enter, when there is not enough evidence against you to prove guilt or when you want to demand a public trial 11 Unit #1 Notes Packet

13 Chapter 1 The Steps – Not Guilty By Reason of Insanity  Must show “clear and convincing evidence” that at the time of the committing the crime, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts” Unit #1 Notes Packet

14 Chapter 1 The Preliminary Hearing  A person who pleads not guilty goes to a preliminary hearing  No jury – just judge, defense, and prosecution  The prosecutor tries to convince the judge there is enough evidence to show that a crime was committed and you probably committed it  Decision to move to trial is made by a judge  If found that there is not enough to keep suspect, can be released but can be re-arrested later for same charge Unit #1 Notes Packet

15 Chapter 1 The Grand Jury  Used instead of preliminary hearing in some states  16-23 people decide whether the prosecution has a case or not  Majority rules  Listen to evidence and decide whether or not a person should be charged with a crime  Just prosecution and jury – no defense or judge 14 Unit #1 Notes Packet

16 Chapter 1 Criminal Trial  Fate of criminal is in the hands of a 12 person jury  If found guilty – there will be a sentencing trial after  Criminal has right to appeal decision if there is thought to have been a legal error in process Unit #1 Notes Packet

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