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Criminal Law

Criminal Law. Involves the violation of statutes (laws passed by legislatures). Dual (TWO) Court System: Federal : addresses federal crimes

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Criminal Law

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  1. Criminal Law • Involves the violation of statutes (laws passed by legislatures). • Dual (TWO) Court System: • 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 • State: addresses state crimes • EXAMPLES: murder, rape, robbery, vandalism, burglary, shoplifting

  2. Types of Crimes

  3. APIATS The Criminal Court Procedure

  4. A: Arrest • 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. • 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?

  5. A: Arrest • C) You have the right to have an attorney present during questioning. • 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.

  6. P: Preliminary Hearing • 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. • 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?

  7. I: Indictment (Pronounced In.dite.ment) • 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!! • Discuss this with your group: Why might the Constitution allow for a grand jury hearing.

  8. I: 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. • How does an indictment relate to impeachment? Discuss with your group.

  9. A: Arraignment • 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. • In groups, what is the Prosecution and why might they offer plea bargains?

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

  11. T: Trial • 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 defense does the same step.

  12. T: Trial • 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). • The defense will do the same step above.

  13. T: Trial • 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.

  14. T: Trial • 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 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. • What might happen to the suspect if there is a hung jury? Discuss with your team.

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

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