092210 gov criminal trial 50m

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092210 gov criminal trial 50m

  1. 1. DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/24/10 , Topic: Criminal System 2) Next line, write “ Opener #18 ” 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 Opener 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
  2. 2. Agenda 1) How is our criminal system set up? Primary Objective 1) Learning how to defend your rights. Reminder 1) Prepare for your Mock Trial role (details block day)
  3. 3. Journal #16b , Title “ 4 th Amendment Review ” 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no Warrants shall issue, but upon probable cause . Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up) 1a) + :compliment, – :thing to improve, Your decision 1b) Case name + real outcome of the case. 2…4b)
  4. 4. 1b) New Jersey v. TLO: Reason to suspect and search connected to reason 2b) Board of Ed (Pottawatomie) v. Earls: Testing students in extracurriculars is a reasonable to further drug free schools 3b) Kyllo v. US: Using tools not commonly used by public is a search 4b) Cece v. FUHSD (Hypo): School needs reason to search and search needs to be connected to reason
  5. 5. <ul><li>Review: </li></ul><ul><li>Court Brings Order : Courts deals with 3: </li></ul><ul><li>Interpretation of the Law: You vs. Gov </li></ul><ul><li>Outcome: Stop law or action, force action. </li></ul><ul><li>b) Criminal Cases: Society vs. Accused </li></ul><ul><li>Outcome: punishment </li></ul><ul><li>c) Civil Cases: You vs. Others </li></ul><ul><li>Outcome: Money or action. Personal harm cases are called torts . </li></ul><ul><li>When you harm someone. You can be sued by the gov for criminal action (guilty “beyond reasonable doubt ”) and sued by a person for civil action (lower req: “preponderance of evidence” of guit) </li></ul>
  6. 6. <ul><li>Hypothetical: Say you tell someone “I’m going to hit you if you don’t to this” </li></ul><ul><li>This would be the act of extortion. </li></ul><ul><li>It is a criminal crime. (criminal case) </li></ul><ul><li>If it has caused the victim harm, he/she can sue (civil case-assault). </li></ul><ul><li>If it involves students, it can also have school punishments. </li></ul><ul><li>You can face all 3! OJ was found not </li></ul><ul><li>guilty in criminal court, but lost his civil </li></ul><ul><li>suit against him, and paid millions. </li></ul>
  7. 7. Notes #17a , Title: “ Legal Procedures ” 1) 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, guilt: 12/12 jurors, civil: 9/12 jurors needed to defeat you. c) Dispute Law or Evidence (Case Precedent): To a judge, dispute the law or exclude pieces of evidence that were gained illegally. “ Even if I did what you said…” d) Flee to a country that doesn’t have extradition with the US: Venezuela or Iran
  8. 8. Notes #17a , Title: “ Legal Procedures ” 1) Roles in the Criminal Process : Police : Gathers evidence, makes arrest District Attorney/DA : Prosecuting lawyer for gov, decides if gov will prosecute. Defense Counsel : 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)
  9. 9. <ul><li>Notes #18a , Title: “ Legal Procedures ” </li></ul><ul><li>1) Roles in the Criminal Process (14 th Due Process): </li></ul><ul><li>Investigation - Police </li></ul><ul><li>Warrant - Judge </li></ul><ul><li>Arrest - Police </li></ul><ul><li>Bail (possibly) – Judge (90% pleaded) </li></ul><ul><li>5) Preliminary Hearing or Grand Jury – Judge + DA + Defense (enough 4 trial?) </li></ul><ul><li>6) Indictment – DA </li></ul><ul><li>7) Plea Bargain (possibly) – DA + Defense </li></ul><ul><li>8) Jurisdiction Hearing/Trial (need 12/12) </li></ul><ul><li>9) Dispositional Hearing/Sentence - Judge </li></ul><ul><li>10) Appeal? – Defense (NOT DA) </li></ul>
  10. 10. 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
  11. 11. Criminal System You control the criminal system if you vote! State Trial Judges DA-Jeff Rosen Sheriff-Laura Smith Voters Directly Voters Directly State Laws State Legis or Voter Prop Voters Voters Directly
  12. 12. 1) Investigation : Police gathers info , if they see crime committed, they can arrest without warrant.
  13. 13. 2) Warrant : Right to search your things or arrest you. Requires probable cause . “ Reasonable person would believe that probably …”
  14. 14. 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.
  15. 15. 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
  16. 16. 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.
  17. 17. 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.
  18. 18. 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/
  19. 19. 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.
  20. 20. Journ #18a , Title “ Mock Trial Roles ” 1) Write down your case # 2) Write down your role Bring your parents your permission slip Murder Case 1 1-4) DA: Andy, Joey, Zeng, Vincent 5-8) Defense Attorney: Jeremy, Arifa, Juiz Lu, ? 9-12) Witnesses 9) F: Defendant (text messager): Sena 10) F: Passenger (in car w defendant): Nina 11) M: Witness down the street: Josh 12) ?: Crime scene investigator: Alan Murder Case 2 13-16) DA: Toki, Liang, Ayumi, Danielle 17-20) Defense: Tara, Ian, Ayana, Nick 21-24) Witnesses 21) M: Defendant (street racer): Keisuke 22) F: Girlfriend of victim 1: Sara 23) F: Wife of victim 2: Aleksandra 24) ?: Crime scene investigator: Ben Both Cases 25-36) Jury (12): Jacquline, Tae, Amy, Jessica, Edwin, Tom, Unmol, Andy, Ryo, Alex, ?, ? 37-40) Judge + clerks: Ruthwick, Kevin, Yash, Stephanie PERIOD 2
  21. 21. Journ #18a , Title “ Mock Trial Roles ” 1) Write down your case # 2) Write down your role Bring your parents your permission slip Murder Case 1 1-4) DA: Devaki, Michele, ?, ? 5-8) Defense Attorney: Jin, ?, ?, ? 9-12) Witnesses 9) F: Defendant (text messager): Melanie 10) F: Passenger (in car w defendant) 11) M: Witness down the street: Freddy 12) ?: Crime scene investigator: Michael L Murder Case 2 13-16) DA: Anisha, Nicole, ?, ? 17-20) Defense: Pranay, ?, ?, ? 21-24) Witnesses 21) M: Defendant (street racer): Kyle 22) F: Girlfriend of victim 1: Rosa 23) F: Wife of victim 2 24) ?: Crime scene investigator: Sameer Both Cases 25-36) Jury (12): Jeesoo, Angela H, Marina, Erin, Adrian, Jay, Wendy, Kayz, Jonathan, Olivia, Joyce, ? 37-40) Judge + clerks: Francisco, Iris, Kelly, ? PERIOD 3
  22. 22. Journ #18a , Title “ Mock Trial Roles ” 1) Write down your case # 2) Write down your role Bring your parents your permission slip Murder Case 1 1-4) DA: Brian, James, Lia, Lena 5-8) Defense Attorney: Jeremy, Joss, Netania, Brandon 9-12) Witnesses 9) F: Defendant (text messager): Stella 10) F: Passenger (in car w defendant): Olivia 11) M: Witness down the street: Michael O 12) ?: Crime scene investigator: Grant Murder Case 2 13-16) DA: Alex, Annie, Michael M, Gio 17-20) Defense: Richie, John, Michael K, Max 21-24) Witnesses 21) M: Defendant (street racer): Robert 22) F: Girlfriend of victim 1: Shishi 23) F: Wife of victim 2: Charlotte 24) ?: Crime scene investigator: Andrew Both Cases 25-36) Jury (12): Melanie, Katherine, Michael G, Jason, Melissa, Jeffrey, Juhee, Jackie, Sherry, Erica, Susan, Caleb 37-40) Judge + clerks: Karina, Andre, Ryan, Calvin PERIOD 5

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