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092209 Gov Criminal Procedure 100m
 

092209 Gov Criminal Procedure 100m

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    092209 Gov Criminal Procedure 100m 092209 Gov Criminal Procedure 100m Presentation Transcript

    • 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
    • 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)
    • Find 4 sources on your role, and attach a Validity Sheet to each source. Due: Block Find, read, highlight, validate.
      • Review
      • 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
      • Outcome: punishment
      • 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):
      • Investigation
      • Warrant
      • Arrest
      • Bail
      • 5) Preliminary Hearing or Grand Jury
      • 6) Indictment
      • 7) Plea Bargain (possibly)
      • 8) Jurisdiction Hearing/Trial
      • 9) Dispositional Hearing/Sentencing
      • 10) Appeal?
    • 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 ).
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    • 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