Good Day! DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 09/23/09 , Topic: Criminal Procedures 2) On the next line, write “ Opener #17 ” and then: 1) Plot your mood, reflect in 1 sent . 2) Respond to the opener by writing at least 2 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Other things going on in the news. Announcements: None Intro Music: Untitled
Agenda 1) Criminal Procedure Overview 2) Introduce Mock Trial Facts What you will be able to do: 1) Know what to do as a victim of a crime. Reminder 1) Prepare for Mock Trial Thur-Friday
Find 4 sources on your role, and attach a Validity Sheet to each source. Due: Block Find, read, highlight, validate.
1) To Bring Order : Courts deals with 3:
Interpretation of the Law: You vs. Gov
Outcome: Stop law or action, force action.
b) Criminal Cases: Society vs. Accused
c) Civil Cases: You vs. Others
Outcome: Money or action. Personal harm cases are called torts .
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: “clear and convincing” guilt)
2) 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
3) Roles in the Criminal Process : Police : Gathers evidence, makes arrest District Attorney/DA : 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)
Notes #17a , Title: “ Legal Procedures ”
1) Roles in the Criminal Process (this is your procedural DP-states must give thanks to 14th):
5) Preliminary Hearing or Grand Jury
7) Plea Bargain (possibly)
8) Jurisdiction Hearing/Trial
9) Dispositional Hearing/Sentencing
1) Investigation : Police gathers info , if they see crime committed, they can arrest without warrant.
2) Warrant : Right to search your things or a rrest you. Requires probable cause . “ Reasonable person would believe that probably …”
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.
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
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.
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.
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/
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.
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.
Work #17a , 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 ).
Work #17b , 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
Pre-trial Discovery: Gathering info from the witnesses. Mock Trial Structure 1) Opening statement of plaintiff 2) Opening statement of defendant 3) Direct examination of plaintiff’s witnesses 4) Cross-examination by defense 6) Direct examination of defendant’s witnesses 7) Cross examination by plaintiff 8) Closing argument by plaintiff 9) Closing argument by defendant Post-Verdict Sentencing and appeals
Work #17b , Title “ Mock Trial Prep ” 1) What is the definition of murder ? 2) What is the definition of manslaughter ? 3) What usually happen with car-related deaths (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) 5 Reading/Film Qs Come From These Work Sections
Case 1: People vs X 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 Post-Verdict Sentencing and appeals
Case 2: People vs X 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 Post-Verdict Sentencing and appeals
Time Check: 15 minutes Lawyers: Decide who is saying what (outline speech) Witnesses: Be ready to answer lawyers questions Jury: 15 minutes to relax (you will be taking notes later) Judge: Prepare your jury statement (summarize p code) 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
On a Separate Piece of Paper Title “ Jury Notes (Only for Jury) ” Write down key information from judge, lawyers, and witnesses.
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 Ccourt US Supreme Court US Circuit Court US Dist. Court
Work #18a , 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.
Workbook peer check: Have your partner look at your notebook to see if the formatting is correct, get their signature under Work#5a
Workbook Check: Remember you workbook is turned in each marking period for 100 points! Homework: 1) Find, read, highlight, vet 4 sources