Put this into your own words 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. Do you understand these rights?

Miranda v. Arizona, 1966 Facts of the case: Court’s decision: Protects against self-incrimination 5th Amendment Protects the right to an attorney 6th Amendment http://www.youtube.com/watch?v=2QiFg7MJL3E History http://www.youtube.com/watch?v=zIY5oMt8BU0 Enforcement

Legal Terms to Review What Amendments are the following associated with? Writ of habeas corpus Bills of attainder Ex post facto Due process Equal protection clause Double jeopardy Grand jury Fair trial No cruel or unusual punishment or excessive bail

Warm Up Give a synonym for each word Grand – major, extravagant, big Petty –small or insignificant What does it mean to be ‘civil’ to another person? To act mature Polite Getting along with others

Is this case civil or criminal Who is the defendant? April Johnson returned to her car after shopping at the mall. She found the driver’s side door broken into, and her navigation system and cell phone missing. From the mall security camera the police were able to identify the person who broke into the car and make an arrest.

American Legal System (15.3) Civics 4.3

I. Procedure in a Criminal Case Arrest Must get warrant for arrest from judge Suspect informed of their crimes, read rights Indictment grand jury decides whether to indict- formally charge of a crime Always the state or federal gov’t that charges someone of a crime

C. arraignment -Brought to court to hear charges against them Defendant makes a plea of guilty or innocent If the he says guilty – the defendant arranges a plea bargain with the prosecution defendant pleads guilty to a lesser crime If says innocent –proceeds to jury trial Can be released on bail while awaiting trial Money you pay as a promise you will show for trial

Court Room

D. Elements of a Criminal Trial Prosecution (gov’t) -party who starts proceedings Defendant -person accused of crime always goes second jury trial or bench trial- defendants have right to a jury, but can chose to tried before a judge alone

Summons- requests someone to testify in court subpoena- requires someone to testify in court call witnesses to give testimony who are cross-examined by other side Procedure of criminal trial: opening statements Witnesses & evidence cross-examination of witnesses & evidence closing statements

E. Verdict and Sentencing Innocent until proven guilty “beyond reasonable doubt” Verdict- judgment of jury of peers If prosecution has not proven case, jury can decide on acquittal- vote of not guilty

if jury cannot decide on a verdict, judge can declare a hung jury- rules it a mistrial sentencing- judge decides in all cases except death penalty- jury decides in capital cases (death penalty) Can appeal to higher courts, death penalty automatically appealed to NC Supreme Court

What are the two categories of crime? Plea bargains and misdemeanors Misdemeanors & civil Civil & criminal Felony & misdemeanors

Which of the following is not a part of due process? Trial by jury Protection from double jeopardy Right to an attorney Right the refuse arrest by the police

Who can be adversaries in a criminal court case? The bailiff and court clerk The plaintiff and defendant The defendant and the state The witness and court stenographer

Habeas corpus Bail Settlement Plea bargain A sum of money an arrested person pays to a court to win release from jail while awaiting trial is called: Habeas corpus Bail Settlement Plea bargain

Explain items #1 - 6 Place the events of due process in order Arraignment Sentencing Arrest Indictment Trial Verdict

Warm Up What would be a fair & ethical punishment for a person who has been convicted of deliberately murdering two people? What would be a fair & ethical punishment for a 15 year old who has been convicted of robbing an 80 year old woman?

“Addressing Criminal Behavior” (15.3, 16.3) Civics 4.7 Warm Up: http://www.thisamericanlife.org/radio-archives/episode/518/except-for-that-one-thing

I. Justifying Punishment Theory of retribution- criminal deserves punishment because of the crime they commit Deterrence- both criminals and others see consequences of crime and punishment

punishment designed to rehabilitate Rehabilitation- minds and characters of criminals should be reeducated to reenter society Juveniles- under 18 punishment designed to rehabilitate with murder, tried as an adult if over 16 https://www.youtube.com/watch?v=C4beUC3-ckw Norwegian Prisons https://www.youtube.com/watch?v=VyiodSMNv4E US vs. Norway prisons

II. Types of Punishment (sentencing) Incarceration- locked up in jail/prison https://www.youtube.com/watch?v=W27Ykw7drY0 St. Louis jail https://www.youtube.com/watch?v=VSZ2U5UwJBg Hardest Prisons @3:14 - three-strikes laws- mandate long-term incarceration if convicted of felony 3 times http://www.nytimes.com/video/us/100000002579045/the-making-of-the-three-strikes-laws.html 2. structured sentencing- formal sentencing based on severity of crime and prior record -if guilty person is mentally ill, sentenced to mental institution 3. mandatory sentencing –judge must impose whatever sentence the law directs for that crime

holds (detains) people either to B. Detention- state punish or investigate C. Probation- suspends jail sentence for a fixed time http://www.youtube.com/watch?v=wVHEx7bJZnU D. Suspension- a privilege is taken away for a period of time E. House Arrest-confinement to your home

Confiscation of property- take away criminal’s property Monetary compensation- payment of money for return (restitution) of property Confiscation of property- take away criminal’s property Capital punishment- death penalty, for murder or treason https://www.youtube.com/watch?v=D9DtjJFQnmY History of Death Penalty

Close What is your view about prison after today’s class? Which theory of punishment do you think best serves society? Why?