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022811 gov criminal procedure 50m

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  • 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 02/28/11 , Topic: Criminal Procedures 2) Next line, write “ Opener #25 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opening Clip by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
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  • 3. Agenda 1) Criminal Procedures 2) Mock Trial Prep What you will be able to do: 1) Know what to do as a victim of a crime. Reminder 1) No HW
  • 4. BOOK SHELVES 1 5 4 6 28 STANDARD SETUP TV SIDE WHITE BOARD 25 2 19 26 3 29 22 27 30 PERIOD 1 WK/DATE: M T W T F  FRONT OF CLASS: WHITE BOARD Projector ATTENDANCE: Circle = Absent Double Circle =Tardy 38 PARTICIPATION: / = Participation -- = Non-Participation Resolution Key: R=Reminder, Xmin, P=Parent Incident Key: U=Unsafe, D=Disrespectful, O=Off Task, T=Talking, N=Not Prepared, C=Careless, L=Late Resolution Key: A=Apology, F=Fixed, S=Served M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  M T W T F  TODO: Class Participation 1-10 Point Weekly Grading Scale: 0-5: Off task or missing in class activities. 6: Coming to class prepared and following activity instructions. 7-10: Participating in class discussions and/or writing blog entries (2+ a week). 2 points are deducted for not being present for class activities or for being off task.
  • 5. Workbook Setup: Draw a line between days. Use back and front of pages. Opener (graded) Write date , topic , opener # Then 3 sentences: based off the opener questions. Notes (not-graded) In-class notes go next. Notes online and in class binder. 60% of test from notes . Work Section (graded) Work sections correspond to the opener #, and then go in letter a-z order. Title: must be included in each work section. 20-40% of test from work sec. Surprise quizzes 100% based off notes and work sections.
  • 6. Participation ( 10 points a week ) Negative Mark: Minus 2 Points Each 0 Check: 6 Points 1 Check: 7 Points 2 Checks: 8 Points 3 Checks: 9 Points 4 Checks: 10 Points 5 Checks: 11 Points (+1 EC) 6 Checks: 12 Points (+2 EC) 7 Checks: 13 Points (+3 EC) 8 Checks: 14 Points (+4 EC)
  • 7. Find 4 sources on your role, and attach a Validity Sheet to each source. Due: Block Find, read, highlight, validate.
  • 8. Review , Title: “ Judiciary Notes ” 1) Federal Court (fed issues, civil) State Court (state issues, most crimes, civil) 3 Supreme Court 3 CA Supreme Court 2 Circuit Court of Appeals 2 CA Court of Appeals 1 District Court (Trial Court) 1 CA Superior Court (Trial Court)
  • 9.
    • Review , Title: “ Legal Procedures ”
    • 2) Types of Cases:
    • Interpretation of the Law: You vs. Gov
    • Outcome: Stop law or action, force action.
    • b) Criminal Cases: Society vs. Accused
    • Outcome: punishment
    • Burden: 12/12: “beyond reasonable doubt”
    • c) Civil Cases: You vs. Others
    • Outcome: Money or action. Personal harm cases are called torts .
    • Burden: 9/12: “preponderance of the evidence”
  • 10. 3) How to Win : a) Arbitration/Mediation ( Criminal: Plea Deal ): 95% of cases are settled before ever a trial. b) Prove Innocence (Create Factual Doubt): TO A JURY: Argue the burden is not met, criminal : 1 out of 12 jurors* (can re-try, 12 out of 12 for no retry), civil : 4 out of 12 juror c) Dispute Law or Evidence (Case Precedent): TO A JUDGE: Dispute the law (example: exclude illegal evidence or argue the law/crime itself is unconstitutional) IT IS C THAT CAN BE APPEALED! d) Flee to a country that doesn’t have extradition with the US: Venezuela or Iran
  • 11. Notes #25a , Title: “ Legal Procedures ” 1a) Roles in the Criminal Process : Police : Gathers evidence, makes arrest District Attorney/DA (elected) : Prosecuting lawyer for gov, decides if gov will prosecute. Defender : Hired lawyer for the accused. Public Defender/PD : Gov hired lawyer for the accused. Review Judge : Rules on issues of law Jury : Determines guilt (reality)
  • 12.
    • Notes #25a , Title: “ Legal Procedures ”
    • 1b) Roles in the Criminal Process (this is your procedural DP-states must give thanks to 14th):
    • Investigation
    • Warrant (search or arrest)
    • Arrest (warrant needed unless in act)
    • Bail (possibly)
    • 5) Preliminary Hearing or Grand Jury
    • 6) Indictment
    • 7) Plea Bargain (possibly)
    • 8) Jurisdiction Hearing/Trial
    • 9) Dispositional Hearing/Sentencing
    • 10) Appeal?
  • 13. 1) Investigation : Police gathers info , if they see crime committed, they can arrest without warrant.
  • 14. 2) Warrant : Right to search your things or arrest you. Requires probable cause . “ Reasonable person would believe that probably …”
  • 15. 3) Arrest : When you are no longer free to leave . You’ll be read your Miranda rights. Miranda Rights: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.
  • 16. Difference Between Detention and Arrest a) Arrest is when you are no longer free to leave. You’ll be read your Miranda rights (unless caught in the act of a crime). b) Suspect detention: Hold you until the DA’s office is open or for your safety, 24-72 hours (or till parents arrive). c) Witness detention: Beyond a few minutes is typically not accepted
  • 17. 4) Bail : Judge decide if you can go home before your set court date or if you must stay in jail. Bail is money you give court in place of your body . You get it back if you show up at your court date.
  • 18. 5) Preliminary Hearing : Judge will decide if there’s enough evidence for a trial or if to let you go. Grand Jury : In fed cases, instead of a judge, a jury gets to decide if there’s enough evidence for a trial or to let you go ( same function as a prelim hearing ) 6) Indictment : Formally charged , it’s if a prelim hearing or grand jury says you need to go to trial.
  • 19. 7) Plea Bargain : After indictment, and before trial date, DA tries to give you a deal where you confess for a lower punishment. 90% of cases. http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/
  • 20. 8) Jurisdictional Hearing/Trial : Trial to determine guilt with a jury. What you see on TV all the time. Jury Criminal Case: 100% Hung Jury : Not 100%. The accused can be tried again (it would not be double jeopardy) Jury Nullification : When a jury decides to all 12 vote someone is innocent, b/c they don’t like the crime, even if the person is clearly guilty.
  • 21. 9) Dispositional Hearing/Sentencing : If found guilty by a jury, judge decides punishment , if death penalty, separate jury must approve it. 10) Roles for Sentencing : Neutralize: To stop the crime. Rehabilitation: Help fix the person. Retribution: Help the victims family. Deterrent: Stop others.
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  • 39. If you a person of color and you kill someone white person, you are four times more likely to get the death penalty . DOJ Statistics
  • 40. Journ #25a , Title “ Sentencing ” Neutralize: To stop the crime. Rehabilitation: Help fix the person. Retribution: Help the victims family. Deterrent: Stop others 1) With a partner: write down the ranking order of most to least important. Strike a cross through any category that they think should NOT be a factor ( include their name in the end ).
  • 41. Journ #25b , Title “ San Diego DA ” 1) Copy Source Title: Law&Order 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
  • 42. Journ #25c , Title “ Mock Trial Roles ” 1) Write down your role 2) Summarize what one does with validity sheet Murder Case 1 1-4) DA 5-8) PD 9-12) Witnesses 9) F: Defendant (text messager) 10) F: Passenger (in car w defendant) 11) M: Witness down the street 12) ?: Crime scene investigator Murder Case 2 13-16) DA 17-20) PD 21-24) Witnesses 21) M: Defendant (street racer) 22) F: Girlfriend of victim 1 23) F: Wife of victim 2 24) ?: Crime scene investigator Both Cases 25-36) Jury (12) 37-39) Judge + clerks
  • 43. Journ #25d , Title “ Mock Trial Prep ” 1) What is the definition of murder ? 2) What is the definition of manslaughter ? 3) Summarize the info/advice on car-related manslaughter (back side)? 4) Should texting w driving and/or street racing be murder or manslaughter ? 5) What are the “standard objections” that can be made in court? (2 nd handout: focus just on objections) 5 Reading/Film Qs Come From These Work Sections
  • 44. Pre-trial Discovery: Gathering info from the witnesses. Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Post-Verdict Sentencing and appeals
  • 45. No Opener 1) Decide if you are going for 1 st , 2 nd , 3 rd degree 2) Prep witnesses 3) Pick exhibits to use Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD
  • 46. Murder DA must prove beyond a reasonable doubt the 1: defendant did the act & had the following mental thought ( 2: pink box ) 1 st Degree: Murder: Life 2 nd Deg: Murder: 15 yrs 3 rd Deg: Mans: 1-5yrs Malicious intent (want to kill) Implied malice intent Gross Negligence Broke law, but not gross neg: under 1yr Accident: no penalty
  • 47. Time Check: 15 minutes Lawyers: Decide who is saying what, prep, pick exhibits Witnesses: Ask your lawyers what they want from you Jury: 15 minutes to relax (you will be taking notes later) Judge: Prepare your jury statement (summarize: 1, 2, 3) Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Post-Verdict Sentencing and appeals
  • 48. On a Separate Piece of Paper Title “ Jury Notes (Only for Jury) ” Write down key information from judge, lawyers, and witnesses. Lawyers Tips: Part points for objections You are allowed to confer. All: EC for great acting
  • 49. Case 1: People vs Janes 1: 10mo Baby, 2: 17yr Female, 3: 1 st Trimester Fetus Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Degrees of Murder: 1: Intent 2: Implied Intent 3: Gross Negligence
  • 50. Case 2: People vs Wooten 1: 17yr Male, 2: 28yr Male, 3: Miscarriage (month later) Mock Trial Structure 1) Opening statement of DA 2) Opening statement of PD 3) Direct examination of DA’s witnesses 4) Cross-examination by PD 6) Direct examination of PD’s witnesses 7) Cross examination by DA 8) Closing argument by DA 9) Closing argument by PD Degrees of Murder: 1: Intent 2: Implied Intent 3: Gross Negligence
  • 51. Criminal System You control the criminal system if you vote! State Trial Judges DA Police Voters Directly Voters Directly City Council Voters State Laws State Legis. Voters
  • 52. Criminal System You control the criminal system if you vote! State Trial Judges DA Sheriffs Voters Directly Voters Directly Board of Supervisors Voters State Laws State Legis. Voters
  • 53. Work #19a , Title “ Mock Trial Appeal ” 1) What does CA and other states say about unborn victims? 2) Draft a oral argument using past precedent from CA (and persuasive cases from other states) for OR against the unborn being considered victims in our mock trial. Mr. Chiang will RANDOMLY read a few out loud.
  • 54. Court System Criminal appeals focus on debates over the meaning/constitutionality of laws OR violation of procedural due process. CA Supreme Court CA Court of Appeals CA Superior Court US Supreme Court US Circuit Court US Dist. Court
  • 55. 14 th Amendment (1868) : All persons born or naturalized… are citizens of the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws. a) Ppl born here are citizens b) States protect procedural+substantive DP c) States give everyone equal treatment Reverse incorporation : 5 th SDP say Fed must give equal protection for all ppl too.
  • 56. Notes #19a , Title: “ Equal Protection Notes ” 1) Equal Protection Clause (EPC) : 14 th says states must treat everyone equally (14: Civil War). Reverse incorporated to also mean Fed must EPC ( Bolling v Sharpe, 1954 ) Brown v. Board I (1954) > Ricci vs. De Stefano (2009) Note: 14 th A’s EPC only applies to state/local govs, not private biz, which is why Civ Rights Act of 64 used ICC
  • 57. Notes #19a , Title: “ Equal Protection Notes ” 2) Gov Can Treat People Unequally - 3 Levels Test: 1) Strict Scrutiny (Compelling Test) Applies to: Race, religion, political access, “fund. rights” Gov has to prove compelling gov interest, the action is only way, and is most narrowly done. 2) Middle Tier Scrutiny (Important Test) Applied to: Gender Gov has to prove important gov interest. 3) Minimal Scrutiny (Rational Test) applied to: Commercial activity, children’s rights Need to have a rational reason.
  • 58. Work #19b , Title “ Death Penalty ” 1) Copy Source Title: Indep Lens 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections
  • 59. Workbook Check (100 Points): Make Sure: 1) Name + Period written on cover AND side of notebook 2) Opener #s are highlighted 3) Plastic bag inside back cover 4) Schedule/syllabus inside front Staple with the staples grappling in.
  • 60. Back Table: 1) Stack of workbooks 2) Stack of 4 Source HW 3) Jury Only: Stack of Jury Notes