022811 gov criminal procedure 50m

511 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
511
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
6
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

022811 gov criminal procedure 50m

  1. 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
  2. 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
  3. 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.
  4. 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.
  5. 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)
  6. 7. Find 4 sources on your role, and attach a Validity Sheet to each source. Due: Block Find, read, highlight, validate.
  7. 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)
  8. 9. <ul><li>Review , Title: “ Legal Procedures ” </li></ul><ul><li>2) Types of Cases: </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>Burden: 12/12: “beyond reasonable doubt” </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>Burden: 9/12: “preponderance of the evidence” </li></ul>
  9. 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
  10. 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)
  11. 12. <ul><li>Notes #25a , Title: “ Legal Procedures ” </li></ul><ul><li>1b) Roles in the Criminal Process (this is your procedural DP-states must give thanks to 14th): </li></ul><ul><li>Investigation </li></ul><ul><li>Warrant (search or arrest) </li></ul><ul><li>Arrest (warrant needed unless in act) </li></ul><ul><li>Bail (possibly) </li></ul><ul><li>5) Preliminary Hearing or Grand Jury </li></ul><ul><li>6) Indictment </li></ul><ul><li>7) Plea Bargain (possibly) </li></ul><ul><li>8) Jurisdiction Hearing/Trial </li></ul><ul><li>9) Dispositional Hearing/Sentencing </li></ul><ul><li>10) Appeal? </li></ul>
  12. 13. 1) Investigation : Police gathers info , if they see crime committed, they can arrest without warrant.
  13. 14. 2) Warrant : Right to search your things or arrest you. Requires probable cause . “ Reasonable person would believe that probably …”
  14. 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.
  15. 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
  16. 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.
  17. 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.
  18. 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/
  19. 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.
  20. 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.
  21. 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
  22. 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 ).
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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
  33. 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
  34. 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
  35. 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.
  36. 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
  37. 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.
  38. 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
  39. 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.
  40. 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
  41. 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.
  42. 60. Back Table: 1) Stack of workbooks 2) Stack of 4 Source HW 3) Jury Only: Stack of Jury Notes

×