1. Rights when arrested

2. Where do your rights come from?
U.S. Constitution
Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
Seventh Amendment – Civil trial by jury.
Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

3. What are your due process rights?
Fundamental fairness
14th Amendment – Equal protection
Fair procedures during an investigation
Miranda Rights

4. What are those rights? The right to cross examine witnesses
The right to be represented by an attorney
The right to a trial

5. What must occur for a person to be convicted?
Evidence must establish guilt beyond a reasonable doubt
This differs from civil litigation which requires a preponderance of evidence

6. When is a jury appointed?
When the state prosecutor requests it.
When the defendant requests it.

7. What is the crime if you are the lookout?
Accomplice
Intent is established by the fact you were looking out.

8. Corporations Vicarious liability to a crime:
If an employee commits a crime while acting on behalf of the company

9. How can you escape criminal liability?
Putting on a successful defense

10. What must the defendant produce to support any defense?
Evidence to support any defense
Witnesses to the contrary

11. Two types of defenses Procedural – Substantive
Failure to be Mirandized
Coerced confessions
Substantive
Proof the defendant could not have committed the crime
Proof the defendant was not in the area