Criminal Law Involves the violation of statutes (laws passed by legislatures). Involves the violation of statutes (laws passed by legislatures). Dual (TWO) Court System: Dual (TWO) Court System: Federal: addresses federal crimes Federal: addresses federal crimes EXAMPLES: Terrorism, Cyber crimes, Crimes against children, Hate crimes, Immigration, Organized crime, gun crimes, tax crimes, serial killers, or if it occurs in more than 1 state EXAMPLES: Terrorism, Cyber crimes, Crimes against children, Hate crimes, Immigration, Organized crime, gun crimes, tax crimes, serial killers, or if it occurs in more than 1 state State: addresses state crimes State: addresses state crimes EXAMPLES: murder, rape, robbery, vandalism, burglary, shoplifting EXAMPLES: murder, rape, robbery, vandalism, burglary, shoplifting

Types of Crimes

APIATS The Criminal Court Procedure

A: Arrest Step One: The Miranda rights are read to the suspect. (Miranda v. Arizona 1966) Step One: The Miranda rights are read to the suspect. (Miranda v. Arizona 1966) A) You have the right to remain silent, anything you say can and will be held against you in a court of law. A) You have the right to remain silent, anything you say can and will be held against you in a court of law. B) You have the right to an attorney. If you cannot afford one, one will be appointed for you. B) You have the right to an attorney. If you cannot afford one, one will be appointed for you. Which Supreme Court case established part B of the Arrest procedure? Which Supreme Court case established part B of the Arrest procedure?

A: Arrest C) You have the right to have an attorney present during questioning. C) You have the right to have an attorney present during questioning. D) You have the right to end any interview at anytime. D) You have the right to end any interview at anytime. Step Two. Booking: The suspect has their mug shot taken and they are fingerprinted. Step Two. Booking: The suspect has their mug shot taken and they are fingerprinted.

P: Preliminary Hearing 1. The suspect appears before a judge to hear the official charges brought against them. (Writ of Habeas Corpus) 1. The suspect appears before a judge to hear the official charges brought against them. (Writ of Habeas Corpus) 2. Bail is set to ensure that the accused shows up to trial. 2. Bail is set to ensure that the accused shows up to trial. Discuss in groups what the purpose of bail and how bail operates in the court system. What is the impact of bail on the eighth amendment to the Constitution? Discuss in groups what the purpose of bail and how bail operates in the court system. What is the impact of bail on the eighth amendment to the Constitution?

I: Indictment (Pronounced In.dite.ment) The suspect appears before a grand jury to hear evidence of the charges. The suspect appears before a grand jury to hear evidence of the charges. The purpose of the grand jury is to determine whether or not there is enough evidence to hold a trial. They do not decide guilt or innocence!! The purpose of the grand jury is to determine whether or not there is enough evidence to hold a trial. They do not decide guilt or innocence!! Discuss this with your group: Why might the Constitution allow for a grand jury hearing. Discuss this with your group: Why might the Constitution allow for a grand jury hearing.

I: Indictment If there is enough evidence to hold a trial, the grand jury will issue an indictment. If there is enough evidence to hold a trial, the grand jury will issue an indictment. This means that the suspect is formally accused of a crime. This means that the suspect is formally accused of a crime. How does an indictment relate to impeachment? Discuss with your group. How does an indictment relate to impeachment? Discuss with your group.

A: Arraignment The accused appears before a judge and enters a plea. The accused appears before a judge and enters a plea. If the accused enters a plea of guilty, it usually means that the accused has made a plea bargain (plead guilty to a lesser crime) with the prosecution. If the accused enters a plea of guilty, it usually means that the accused has made a plea bargain (plead guilty to a lesser crime) with the prosecution. In groups, what is the Prosecution and why might they offer plea bargains? In groups, what is the Prosecution and why might they offer plea bargains?

A: Arraignment If the suspect pleads not guilty, a trial date is set. If the suspect pleads not guilty, a trial date is set.

T: Trial The adversaries in the criminal courts are the Prosecution and the Defense. The adversaries in the criminal courts are the Prosecution and the Defense. The Prosecution begins with their opening statement where they overview what the case will be about to the petit jury. The Prosecution begins with their opening statement where they overview what the case will be about to the petit jury. The defense does the same step. The defense does the same step.

T: Trial The Prosecution will then begin to present witnesses in hopes that their testimony helps prove their case (direct examination) The Prosecution will then begin to present witnesses in hopes that their testimony helps prove their case (direct examination) When the prosecution finishes with that witness, it is the defense’s job to cast doubt in their testimony (cross examination). When the prosecution finishes with that witness, it is the defense’s job to cast doubt in their testimony (cross examination). The defense will do the same step above. The defense will do the same step above.

T: Trial Once both sides finish directing all of their witnesses, both adversaries have closing statements. Once both sides finish directing all of their witnesses, both adversaries have closing statements. The purpose is to summarize all of the testimony for the jury and to persuade them one last time. The purpose is to summarize all of the testimony for the jury and to persuade them one last time.

T: Trial Once the case goes to the petit jury, they try to reach a verdict. Once the case goes to the petit jury, they try to reach a verdict. If the jury agrees unanimously that the accused is not guilty, the suspect is acquited. If the jury agrees unanimously that the accused is not guilty, the suspect is acquited. If the jury agrees unanimously that the suspect is guilty, the accused is sentenced at a later date (penalty phase). If the jury agrees unanimously that the suspect is guilty, the accused is sentenced at a later date (penalty phase). If the jury is not unanimous, there is no verdict and there is a mistrial. The jury is hung. If the jury is not unanimous, there is no verdict and there is a mistrial. The jury is hung. What might happen to the suspect if there is a hung jury? Discuss with your team. What might happen to the suspect if there is a hung jury? Discuss with your team.

S: Sentencing The jury renders their punishment for the crime that was committed. The jury renders their punishment for the crime that was committed. They must adhere to the 8 th amendment when issuing their sentence. They must adhere to the 8 th amendment when issuing their sentence.