Criminal Case Steps Arrested and booked

Initial Appearance Given criminal complaint – charges Bail is determined or released on signature bond Crime Flight risk Resources/wealth Advised and given the right to counsel Date set for preliminary hearing

Preliminary Hearing Witnesses brought to determine probable cause. If cause found, bound over for trial.

Arraignment Plead Guilty or Not Guilty Pretrial motions Evidence allowed? Illegal searches? Warrants? Plea negotiations Discovery – includes naming witnesses

Then. . . Trial date set Trial If guilty, sentencing hearing

Trial Eyewitness testimony given Testimony is known to be questionable Can be anyone Both sides can question witness Defendant can be a witness Testimony is known to be questionable How questions are asked Our memories are not good, can be changed (jury)!

Gideon Case 1961 40 year old Clarence Gideon arrested for breaking into a pool hall. Too poor to hire a lawyer. Represented himself. Florida said 6th Amend. right to lawyer applied only to capital cases (death penalty cases). Found guilty (5 years) Wrote S.C., they unanimously said he gets a lawyer With no lawyer, it’s not due process.

Miranda Case 1966 Arrested and signed a typed confession w/o lawyer or being told of his rights. Lawyer at trial said evidence couldn’t be used S.C. will agree Need to be given “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.”

Miranda Rights Police must ask… Do you understand each of these rights?" and "Understanding each of these rights, do you wish to speak to the police without a lawyer being present?"

Jury Duty Everyone over 18, US citizen Paid (but very small amount) Can’t be penalized for missing work Might be compensated for missing time Unusual to last long periods of time, overnight. Must be impartial, not related to case.

Juries Defense and prosecution can strike jury members Sometimes juries can ask questions and take notes Juries must wait until after the trial to discuss it with the public

Decisions Guilty- all members of the jury agreed. (Defense can appeal) Hung jury- members could not agree upon a verdict (prosecution might appeal). Defendant is free to go. Not Guilty- all members of the jury agreed Penalty if guilty- sometimes the jury decides, sometimes the judge decides. There is a recommendation from the prosecution

Prisons 2 million prisoners Costs roughly $25,000 a year per prisoner ¼ of all the world’s prisoners Costs roughly $25,000 a year per prisoner Growing b/c of: Juveniles tried as adults Drug war 3 strikes and you are out (life in prison for any three felonies) Strike sentencing guidelines

Crime Prevention There are major debates about whether these are effective or not. Tougher Laws Longer sentences Death Penalty Rehab and education For drug users These are voluntary