Our Criminal Justice System Essential Questions: What are the stages in our criminal justice system? Is our criminal justice system fair?

Our Criminal Justice System

Essential Questions: What are the stages in our criminal justice system? Is our criminal justice system fair?

The Crime What is a crime? A Wrongful Act w/ Intent

Wrongful – an act that harms individuals and society AND is prohibited by law before the crime was committed

Conscious intention to carry out that act Mentally challenged? Psychiatric illness?

Not aware of the law?

Types of Crimes: Misdemeanors and Felonies Misdemeanor: less serious than a felony,

punishable by fines or short jail sentences

Felony: more serious, results in ext. prison time Capital Crimes

The Investigation 4th Amendment Protects

Unreasonable Searches and Seizures

Warrant must be obtained: location searched, items/people to be seized

Exceptions: Witness crime, trash on street, sobriety check points, airport searches, schools, consent searches

The Exclusionary Rule

The Arrest Miranda v. Arizona 1963

Ernesto Miranda accused of rape and kidnapping

Confessed to both crimes, but had not been informed of 5th and 6th Amendments

S.C. – for a confession to be valid, suspect must be informed of his or her rights

Miranda Warnings: You have the right to remain silent.

Anything you say can be used against you in court.

You have the right to an attorney and have that attorney present while you are being questioned.

If you cannot afford an attorney, one will be appointed for you before questioning begins.

Processing Suspects After an Arrest (No

notes) Asked to provide name, DOB,

other personal info

Informed of charges against them

Fingerprinted, photographed, searched

Personal property confiscated, items recorded by police officer, prisoner signs

Right to make phone calls during booking

Pre-Trial Activity

Within 48 hours have right to appear in court

Initial Appearance: Rights are restated, made aware of charges

Possibility of release from custody: bail Money to guarantee he/she will return for their trial

Exceptions

Preliminary Hearing: Will there be a trial? Grand jury weighs evidence, indicts the suspect if there is

enough evidence

Arraignment Guilty or not guilty plea

Another option: plea bargain, pros and cons

Talk to your neighbor:

What are several of the stages of our criminal justice system?

What are some important ideas we have talked about so far?

The Trial Right to a speedy trial

The right to be judged by an impartial jury of one’s peers

Jury selection – weeding out

Rule of evidence in criminal trial

Jury deliberates behind closed doors, verdict is announced

Acquitted, taken into custody, or “hung” jury

Death penalty and federal cases – jurors must be unanimous

Jury Selection

Sentencing and Appeals

Making the punishment fit the crime

Indeterminate sentencing – variable, review board decides parole

Determinate sentencing – fixed amount of time, not eligible for parole

Concurrent vs. consecutive

Other sentences: suspended, probation, home confinement, a fine, restitution, work release

Cases can only be appealed that there was an error of law

The Correction System

Minimum security vs. maximum security

Prisoner’s rights: right to receive mail, get medical attention, practice religion

Can submit a request to parole board

Transition back to society can be tough