1. Lesson Focus: BASIC PRINCIPLES OF OUR JUSTICE SYSTEM: THE BURDEN OF PROOF PRESUMPTION OF INNOCENCE PRE-TRIAL RELEASE Role of defense attorneys Role of prosecuting attorneys “ BEYOND A REASONABLE DOUBT ” PROBABLE CAUSE 4th Amendment 5th Amendment 6th Amendment 8th Amendment The “ EXCLUSIONARY RULE ” - “fruits of a poisonous tree”

2. BURDEN OF PROOF In all criminal cases, the prosecution shoulders the “burden of proof”. Since the “state” accuses someone of a crime, it is the responsibility of the state to PROVE guilt. In any criminal case, the defense is not required to prove anything.

3. Presumption of Innocence If accused by the state of committing a criminal offense, you are presumed innocent UNTIL PROVEN GUILTY in court. Your guilt must be proven in court by the state/prosecution.

4. Pre-Trial Release Since you are presumed innocent if accused of committing a crime, you are sometimes released from custody prior to your trial. THIS is not a guaranteed RIGHT…the system can refuse to release from custody if there is good reason to do so.

5. Role of Defense Attorneys The responsibility of any defense lawyer is to defend his/her client to the best of their ability. They seek to achieve an “ACQUITTAL” in any criminal case. This means to have their client found “not guilty”. This has nothing to do with actual or real guilt or innocence.

6. Role of Prosecuting Attorneys Despite whether the accused person is actually guilty or not, the prosecutor’s job is to seek a CONVICTION. This means finding the accused guilty of the criminal charges against him/her. Sometimes innocent people are convicted of crimes that they did not commit.

7. The “Standard of Proof” In any criminal case, the prosecution has the responsibility of proving guilt by the standard of “beyond a reasonable doubt” This means that there cannot be any doubt of a defendants guilt OR innocence. What happens when one juror has a doubt of a defendant’s guilt? This assumes that justice is “blind”.

8. Probable Cause In order to investigate someone for committing a crime, police must have “probable cause”. This means they must reasonably believe that a crime HAS BEEN, WILL BE or IS BEING committed. What is “reasonable”?

9. 4 th Amendment This amendment protects everyone from “unreasonable search and seizure”. The standard of what is “reasonable” or “unreasonable” must be assessed. Always ask…“would it be reasonable to ___?”

10. 5 th Amendment YOU CAN ONLY BE CHARGED WITH A CRIME BY GRAND JURY INDICTMENT, NOT BY THE POLICE OR PROSECUTION. NO DOUBLE JEOPARDY. Cannot be tried more than once for same crime. RIGHT TO REMAIN SILENT (DO NOT HAVE TO TESTIFY AGAINST YOURSELF) CANNOT BE PUNISHED FOR A CRIME WITHOUT “DUE PROCESS”

11. 6 th Amendment RIGHT TO A PUBLIC AND SPEEDY TRIAL IMPARTIAL JURY TRIAL IN THE COUNTY/STATE WHERE CRIME WAS COMMITTED RIGHT TO BE INFORMED OF CHARGES AGAINST YOU RIGHT TO CONFRONT WITNESSES AGAINST YOU RIGHT TO ALL EVIDENCE AGAINST YOU RIGHT TO HAVE WITNESSES TESTIFY ON YOUR BEHALF

12. 8 th Amendment NO EXCESSIVE BAIL NO EXCESSIVE FINES NO CRUEL OR UNUSUAL PUNISHMENT

13. Exclusionary Rule: “fruits of a poisonous tree” If police ILLEGALLY obtain evidence, it cannot be used against someone in court. How could evidence be obtained “illegally”? This protects the citizens from the police and the CJS.