The legal system in California and United States...

1. THE LEGAL SYSTEM
Mr. Geib and Mr. Fitz-Patrick
12th Grade Gov. and Econ.
September 16, 2015

2. "Better that ten guilty persons
escape than that one innocent
suffer."
English jurist William Blackstone
We Americans inherit a tradition of English common law…

3. Detention Versus Arrest
• Criminal vs. civil court
• “Reasonable
suspicion” versus
“probable cause”
– You can deny search
with detention, not with
arrest.
• Ticket versus taken for
booking
– Small violations, versus

4. Arraignment
• Judge and hearing
about sufficient
evidence for charge.
– Opportunity to post a
“bond” to “bail out” of
jail until trial.
• Private attorney or PD
• State “District
Attorney”) represents
victim, not private
attorney

5. The Trial
• 97% plea bargain
rate.
• Adversarial trial
system
• “Voir dire” and “a
jury of your peers.”
• Verdict
– Guilty, no contest,
not guilty
– Hung jury, mistrial
Guilty beyond shadow of
“reasonable doubt.”
“double jeopardy”

6. THE CHIEF EXECUTIVE
• The POTUS in federal
crimes, and the
Governor in state
crimes (in most states),
has certain unique
powers:
– Respite
– Reprieve
– Commutation
– Pardon

7. “DOING YOUR TIME”
• Sentencing
• “Time served”
• Probation and
misdemeanor
– GPS “house arrest”
• Felony and parole
• No federal parole!
– Federal versus state
courts

8. Penitence? Recidivism?
• Recidivism rate
– “Gibbons violation”
• Punishment versus
drug counseling, job
training, etc.
– Grad school for
criminals?
• Becoming
“institutionalized”