DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 09/24/10, Topic: Criminal System2) Next line, write “Opener #18” and then:

1) Write 1 high+1 low in last 24 hours2) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect)

3) Respond to the Opener 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

Agenda1) How is our criminal system set up?

Primary Objective1) Learning how to defend your rights.

Reminder1) Prepare for your Mock Trial role (details block day)

Journal #16b, Title “4th Amendment Review”4th AmendmentThe right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.

Oral Argument Structure 1) Greeting Statements (both sides come up) 2) Issue Statements (both sides come up) 3) Facts(both sides come up) 4) Initial Arguments (appellant first, respondent second) 5) Rebuttals (appellant first, respondent second) 6) Closing Statements(both sides come up)

1a) +:compliment, –:thing to improve, Your decision 1b) Case name + real outcome of the case.2…4b)

1b) New Jersey v. TLO: Reason to suspect and search connected to reason2b) Board of Ed (Pottawatomie) v. Earls: Testing students in extracurriculars is a reasonable to further drug free schools3b) Kyllo v. US: Using tools not commonly used by public is a search4b) Cece v. FUHSD (Hypo): School needs reason to search and search needs to be connected to reason

Review:Court Brings Order: Courts deals with 3:a)Interpretation of the Law: You vs. GovOutcome: Stop law or action, force action.b) Criminal Cases: Society vs. AccusedOutcome: punishmentc) Civil Cases: You vs. OthersOutcome: 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: “preponderance of evidence” of guit)

Hypothetical: Say you tell someone “I’m going to hit you if you don’t to this”

This would be the act of extortion.1) It is a criminal crime. (criminal case)2) If it has caused the victim harm, he/she

can sue (civil case-assault).3) If it involves students, it can also have

school punishments.

You can face all 3! OJ was found not guilty in criminal court, but lost his civil suit against him, and paid millions.

Notes #17a, Title: “Legal Procedures” 1) 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

Notes #17a, Title: “Legal Procedures” 1) Roles in the Criminal Process:Police: Gathers evidence, makes arrestDistrict Attorney/DA: Prosecuting lawyer for

gov, decides if gov will prosecute.Defense Counsel: Hired lawyer for the

accusedPublic Defender/PD: Gov hired lawyer for the

accused.

ReviewJudge: Rules on issues of lawJury: Determines guilt (reality)

Notes #18a, Title: “Legal Procedures” 1) Roles in the Criminal Process (14th Due Process):

1) Investigation - Police 2) Warrant - Judge3) Arrest - Police 4) Bail (possibly) – Judge (90% pleaded)5) Preliminary Hearing or Grand Jury –

Judge + DA + Defense (enough 4 trial?)6) Indictment – DA 7) Plea Bargain (possibly) – DA + Defense8) Jurisdiction Hearing/Trial (need 12/12) 9) Dispositional Hearing/Sentence - Judge10) Appeal? – Defense (NOT DA)

Criminal SystemYou control the criminal system if you vote!

State Trial Judges

DA

Police

Voters Directly

Voters Directly

City Council Voters

State Laws State Legis. Voters

Criminal SystemYou control the criminal system if you vote!

State Trial Judges

DA-Jeff Rosen

Sheriff-Laura Smith

Voters Directly

Voters Directly

State Laws State Legis or Voter Prop

Voters

Voters Directly

1) Investigation: Police gathers info, if they see crime committed, they can arrest without warrant.

2) Warrant: Right to search your things or arrest 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.

Journ #18a, Title “Mock Trial Roles”1) Write down your case #2) Write down your roleBring your parents your permission slipMurder Case 11-4) DA: Andy, Joey, Zeng, Vincent5-8) Defense Attorney: Jeremy, Arifa,

Juiz Lu, ?9-12) Witnesses

9) F: Defendant (text messager): Sena10) F: Passenger (in car w defendant):

Nina11) M: Witness down the street: Josh12) ?: Crime scene investigator: Alan

Murder Case 213-16) DA: Toki, Liang, Ayumi, Danielle17-20) Defense: Tara, Ian, Ayana, Nick 21-24) Witnesses

21) M: Defendant (street racer): Keisuke22) F: Girlfriend of victim 1: Sara23) F: Wife of victim 2: Aleksandra24) ?: Crime scene investigator: BenBoth Cases25-36) Jury (12): Jacquline, Tae, Amy,

Jessica, Edwin, Tom, Unmol, Andy, Ryo, Alex, ?, ?

37-40) Judge + clerks: Ruthwick, Kevin, Yash, Stephanie

PERIOD 2

Journ #18a, Title “Mock Trial Roles”1) Write down your case #2) Write down your roleBring your parents your permission slipMurder Case 11-4) DA: Devaki, Michele, ?, ?5-8) Defense Attorney: Jin, ?, ?, ?9-12) Witnesses

9) F: Defendant (text messager): Melanie10) F: Passenger (in car w defendant)11) M: Witness down the street: Freddy12) ?: Crime scene investigator: Michael

L

Murder Case 213-16) DA: Anisha, Nicole, ?, ?17-20) Defense: Pranay, ?, ?, ?21-24) Witnesses

21) M: Defendant (street racer): Kyle22) F: Girlfriend of victim 1: Rosa23) F: Wife of victim 224) ?: Crime scene investigator: Sameer

Both Cases25-36) Jury (12): Jeesoo, Angela H,

Marina, Erin, Adrian, Jay, Wendy, Kayz, Jonathan, Olivia, Joyce, ?

37-40) Judge + clerks: Francisco, Iris, Kelly, ?

PERIOD 3

Journ #18a, Title “Mock Trial Roles”1) Write down your case #2) Write down your roleBring your parents your permission slipMurder Case 11-4) DA: Brian, James, Lia, Lena5-8) Defense Attorney: Jeremy, Joss,

Netania, Brandon9-12) Witnesses

9) F: Defendant (text messager): Stella10) F: Passenger (in car w defendant):

Olivia11) M: Witness down the street: Michael

O12) ?: Crime scene investigator: Grant

Murder Case 213-16) DA: Alex, Annie, Michael M, Gio17-20) Defense: Richie, John, Michael K,

Max21-24) Witnesses

21) M: Defendant (street racer): Robert22) F: Girlfriend of victim 1: Shishi23) F: Wife of victim 2: Charlotte24) ?: Crime scene investigator: AndrewBoth Cases25-36) Jury (12): Melanie, Katherine,

Michael G, Jason, Melissa, Jeffrey, Juhee, Jackie, Sherry, Erica, Susan, Caleb

37-40) Judge + clerks: Karina, Andre, Ryan, Calvin

PERIOD 5