The document discusses several key aspects of the American legal system, including protections guaranteed by the Constitution such as habeas corpus, prohibitions on bills of attainder and ex post facto laws, and due process rights under the 5th and 14th Amendments. It also describes the purpose of a grand jury to decide if there is enough evidence to bring someone to trial, as well as the processes of plea bargaining and bail.

1. The American Legal System
For use with section 15.3

2. Article I section 9 Protections
a) writ of habeas corpus
 requires an arresting official to bring a
prisoner to court to explain why he or
she is being held

3. Article I section 9 Protections
b) no bills of attainder
 prevents the passage of a law that
punishes a person accused of a crime
without a trial or hearing in court

4. Article I section 9 Protections
c) no ex post facto laws
 prevents the passage of a law that
allows a person to be punished for an
action that was not against the law
when it was committed

5. What do the Fifth and Fourteenth
Amendments guarantee?
 due process of law
5th Amendment
◦ describes the rights and procedures for
those accused of a crime

6. What do the Fifth and Fourteenth
Amendments guarantee?
 due process of law
14th Amendment
◦ extends the protection of the Constitution
to also be protections against the states

7. Why do Americans need to fulfill
their legal responsibilities?
 to ensure that our legal system works
as it should and that our legal rights
are protected
◦ if each of us takes part as requested, we
will protect the system in the hopes that it
will continue to work if we should ever
need it to work for us

8. What is the purpose of a grand
jury?
 to decide whether the government has
enough evidence to bring someone to
trial
◦ usually consists of 12-24 randomly
selected citizens
◦ they review evidence and reports that are
presented by district attorneys to see if
there is enough suspicion to put an
individual on trial for a crime

9. Plea Bargain
 the negotiation between a defense
attorney and a prosecutor to reduce a
defendant's sentence
◦ allows the prosecutor to offer the
defendant a lower crime to get cases off
the courts’ busy dockets
◦ ensures that a criminal pays his “debt to
society” by serving jail time while making
it easier for the courts to handle more
cases

10. Plea Bargain
Benefits
 cuts down on expense and time of a
trial
 frees up busy court dockets
 ensures that a criminal pays his “debt
to society” instead of taking the
chance of a hung jury or “not guilty”
verdict

11. Plea Bargain
Drawbacks
 a person who convicts a serious crime
will serve a lesser sentence/penalty
than the actual crime would require

12. Bail
 a form of collateral a defendant turns
over to the court in exchange for
freedom until the trial, at which time
the bail will be returned to the
defendant

13. Bail
What determines the amount of bail a
judge assigns a defendant?
 seriousness of the crime
 criminal record of the accused
 the ability of the accused to post bail
 likelihood the defendant will flee –
“flight risk”

14. Bail
Why might a judge deny bail?
 if the accused person poses a
significant risk to the community
 if the person is unlikely to return for
trial