Criminal Case. EQ: What is the sequence of events for a criminal case?

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1 Criminal Case EQ: What is the sequence of events for a criminal case?

2 Monday, November 23rd L: Warm-up 1. Middle Creek v. Fuquay High 2. N.C. vs. Fuquay High 3. Government is always the prosecution 4. Dispute between two people 5. 6th amendment 6. 7th amendment 7. N.C. v. Bengal 8. Bengal v. Tiger 9. Felony 10. State v. Adnan Syed Quiz tomorrow on notebook pages L -- R!!!! Number For each of the following cases, tell me if the case is criminal or civil based on the title of case. CR=Criminal CV=Civil

3 *The adversarial system is illustrated by both civil and criminal processes.* United States Adversary System The United States justice system is characterized as having an adversarial nature. What do you think that means? Who are the adversaries? Who are the neutral players?

4 Misdemeanors (begin in district court) Class Examples of Misdemeanors Possible Punishments A1 Simple assault Battery on an unborn child 1 Simple assault or battery Breaking into a coin or currency operated machine 2 Carrying a gun without permit Hazing Taking horses, mules, or dogs for temporary purposes 3 Removal of shopping cart from store premises Misuse of 911 system 1 to 150 days of active (jail), intermediate, or community punishment 1 to 120 days of active, intermediate, or community punishment 1 to 60 days of active, intermediate, or community punishment 1 to 20 days of active, intermediate, or community punishment

5 Felonies (begin in superior court) Class Examples of Felonies Possible Punishment A Murder death or life without parole B1 Rape 144 months to life without parole B2 Conspiracy to commit a Class A or B1 felony 94 to 393 months C Aggravated assault or Kidnapping 44 to 182 months D Armed Robbery or First-degree 38 to 160 months E Child molestation 15 to 63 months F Involuntary manslaughter or human trafficking of an adult 10 to 41 months G Robbery or interfering with a witness 8 to 31 months H first degree forgery or use of laser device towards an aircraft 4 to 25 months I Making terroristic threats 3 to 12 months

6 Criminal Step 1: Crime is Committed Penal Code Broken: State s written Criminal law--includes punishment. Step 2: Police or FBI investigate *evidence is gathered

7 Step 3: Arrest probable cause must be established booking and fingerprinting can be released out on bail or stay in jail charges are filed within 48 hours.

8 Step 4: Preliminary Hearing appear before a Judge (basics of case presented) bail is set Federal (Grand Jury determines if there is enough evidence for a trial)

9 Charging v. Investigating A grand jury (12 to 23 people) is a body that investigates criminal conduct. Federal, state and county prosecutors utilize grand juries to decide whether probable cause exists to support criminal charges. A regular jury (12 people) aka a petit jury hears only trial cases. A regular jury decides the facts.

10 Step 5: Indictment Suspect can be formally charged plea bargain discussions normally increase [90% of cases end here with plea bargain] Step 6: Arraignment Plea of guilty or not guilty is entered plea bargain can be presented to judge at this time

11 Step 7: Trial Attorneys argue the case before Judge or Jury Idea of innocent until proven guilty *Under this concept, who has the burden of proof? Jury deliberates Verdict is given

12 Step 8: If Guilty Sentencing Defendant may have chance at parole after serving part of sentence. Step 9: If Not Guilty Acquitted

13 Transition--What role did Jay play in Adnan s Trial? Before we listen to the episode, record your ideas/thoughts about Jay (based on what we ve listened to up to this point) in the box on your serial paper. share thoughts?

14 Bonus-- 1. In what year did the SCOTUS rule in favor of Gideon? 2. Which NFL team always plays a game on Thanksgiving Day? (The tradition began in 1924.) (When finished, take out Deal with Jay handout be patient...work on something else...)

15 Episode #8: The Deal with Jay Intro: The state s case against Adnan Syed hinged on Jay s credibility; he was their star witness and also, because of his changing statements to police, their chief liability. Naturally, Adnan s lawyer tried hard to make Jay look untrustworthy at trial. So, how did the jurors make sense of Jay? For that matter, how did the cops make sense of Jay? How are we supposed to make sense of Jay?

16 The Deal with Jay...to be continued tomorrow after your quiz. (Handout will be collected and graded at the end of class.)

17 So what does Jay think? Here is an interview from his perspective, part 1...to be continued next week.

18 A Brief History of Thanksgiving...

Judicial Branch. Why this is important What do I do if I m arrested? What are my rights? What happens in court?

Judicial Branch. Why this is important What do I do if I m arrested? What are my rights? What happens in court? Judicial Branch Why this is important What do I do if I m arrested? What are my rights? What happens in court? What could happen if I am found guilty? What do I do if I think my rights are being violated?