1. Lesson 5-2
Criminal Procedure

2. What you will learn….
What rights a person has when they are arrested for a criminal act
Recognize a person’s potential criminal liability for the actions of others
Understand the justifiability of the common defenses to criminal charges

3. Constitutional objectives as they pertain to criminal acts
Protect the citizens from certain actions and power of the Federal Government
These protections apply to state and local governments as well
Right to freedom and proof of charges

4. What is the major objective of the US Constitution?
The forefathers of the Constitution stated they would rather allow a guilty man to be free rather than have an innocent man spend any time in jail
Freedom is your greatest right!

5. Why?
People in this country should have more liberty and power than the government
Rights are protected and forced onto the courts
Prosecution (People) have the “Responsibility” to provide proof of guilt or the person charged MUST be let free
Innocent until proven guilty

6. Why are you considered innocent?
NO defendant states they are innocent, they state they are “Not Guilty”
You are being charged and have a right to proclaim your “Not guilty”
You are already considered innocent

7. What are some of your rights?
Right to remain silent
Right to an attorney
Right to a speedy trial
Right to an appeal of the outcome of the trial

8. What rights do you have when you are arrested?
Due Process rights state “Specifically” that as a citizen you have a right to “Fundamental Fairness” in all government actions
Fair Procedures during the investigation and in court

9. What rights do you have during the investigation?
Police need a search warrant to come onto “Private” property unless there is some emergency at hand
In public, all police need is “Probable Cause” to stop and question a suspect
Defendant always has right to remain silent

10. What are 5th Amendment Rights
A “person’s” right to remain silent, whether they are a criminal defendant or a witness during a trial
They have a right NOT to answer any questions asking them to admit guilt
Defendants do NOT have to take the stand and testify at their own trials unless they decide to waive their rights and testify. Witnesses DO NOT have this right..

11. Allowing the police into your home… Question 1
Answer 1: Without a Search Warrant, you have a right to “Deny” the police access because this is private property
Answer 2: Under “The Emergency Doctrine”, the police can enter the property to search, but in this case, there is not enough reason to believe an Emergency existed. If the police were to say to you “We saw the suspect enter your back yard and they are armed”, they would have a right to continue the search..

12. Pulled over driving… Question 2
ONLY Answer: If you are pulled over by a police officer while driving a vehicle, you are “REQUIRED” to show them proof of your drivers license, Vehicle registration and Insurance as requested by the police
All the police need is “Probable Cause” to pull you over and question you
5th Amendment rights have NOTHING to do with offering this proof. Only used if you are being questioned or arrested..

13. Asked to testify against a friend… Question 3
As a witness to a criminal act, you can be “Forced” to testify if proof can be made you knew of the act
Your 5th Amendment rights are based on your right not to “Self Incriminate”, which means you cannot be asked to admit to any criminal guilt. You are not being asked that in this case, so you can’t use this
Court attorneys can ask you what you “Witnessed”, NOT if you were involved, unless you were and you waive these rights and testify anyway..

14. Does the Prosecution have rights as well?
Yes, the prosecution represents the government (People)
They have a right to call witnesses and provide evidence in an attempt to convict a defendant
They “Always” have a right to cross-examine ANY witness called by the defense and the defense has the same rights

15. Does this situation violate a person’s rights?
A state law makes illegal hit and runs driving a crime. The law requires drivers of motor vehicles involved in an accident to stay at the scene, give their names and addresses and show their drivers license and Insurance cards to the other driver. Jill, who was arrested for violating this law, stated that her constitutional rights were violated, as she had to waive her 5th amendment rights to give this information. Is Jill Correct?

16. Responsibility for the Criminal Conduct of others..
Any person who works with or plans a crime with another person is a conspirator
Any person who chooses to allow a crime to take place and knows of it can be charged as an accomplice
Anytime a business owner has an employee who commits a criminal act while working at their place of business can be charged with Vicarious Criminal Liability

17. How does a person defend a criminal charge?
First, the defense has the right to make sure the prosecution proves their case beyond a reasonable doubt
“Beyond a Reasonable Doubt” is called the standard of proof for every criminal act
This standards means the jury has very little if any doubt the defendant is guilty

18. How is Beyond a Reasonable Doubt Proven in Court?
12 jurors in a criminal trial (Or 1 judge if no jury trial)
All 12 jurors must agree for guilt
“IF” even 1 of the 12 jurors says “Not Guilty” and does not change their mind, the defendant cannot be found guilty
Judges rule alone
All rulings can be appealed by ONLY the defense

19. What is a criminal Defense?
A “Defense” is defined as allowing a defendant to escape a criminal liability
A defendant does NOT even need to make any argument or do anything
A defense starts with the Arraignment, where the defendant pleas
Even if the case goes to trial, the defense does not have to do a thing is the prosecution does not prove their case.

20. What “2” types of criminal defenses are there?
Procedural Defenses
Substantive Defenses

21. What is a “Procedural” Defense?
Procedural Defenses are based on the ways evidence was obtained, the person arrested, questioned, tried or even punished
Ex) If a defendant’s home is searched without a warrant, a criminal defense attorney can object to any evidence found being allowed into the trial

22. Any other “Procedural” Defenses?
If a defendant is threatened into admitting guilt to a crime, the confession can be objected to
Defendant cannot claim “Ignorance of the Law”, as we are all presumed to know the law
Ex) If you get a parking ticket in an area you don’t take the time to know you cannot park, you cannot claim “Ignorance”

23. What is a “Substantive” defense?
Substantive defenses attempt to disprove, justify or excuse the alleged crime
Most substantive defenses attempt to discredit the facts that the state tries to establish

24. What are “Substantive” defenses?
Things like a person acted in Self-Defense, criminal insanity, establishing an alibi (Someone who says defendant was with them at the time of the criminal act) or even immunity
Others include establishing that the defendant did commit a criminal act, but not as severe as the one charged
Ex) Being charged with Murder in he 2nd degree when the state can only prove murder in the 3rd

25. Why is self defense a substantive defense?
If a person acts in self-defense (The use of force that appears necessary to protect self, family or friends from serious bodily injury, death, rape or kidnapping), the defense is saying the person did commit the act, but not for the “Purpose” claimed by the people

26. Why is Criminal Insanity a substantive defense?
If a person is criminally insane, the accused does not know the difference between right and wrong
Cannot form criminal intent
Criminal Intent means the person “Meant” to commit the act and meant to do evil

27. Why would a person be offered immunity or a plea bargain?
The People (Government) wants to get a conviction as easy as possible (Save tax dollars, send a message to criminals)
Immunity or plea bargains are used to get a witness to testify against other people to get an easier conviction
Plea bargains are when a witness admits to a lesser criminal act in order for the more serious charge to be dropped.

28. What happens if a witness does not testify?
If a person is offered immunity, then refuses to testify, they are in “Contempt of Court”
Contempt of court means any action that hinders the administration of justice
Ex) Not listening to a judge, refusing to testify, violent acts in court
Punishable by prison, fines or both