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Unit 7: The Law

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by

Laura Case

on 6 June 2016

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Transcript of Unit 7: The Law

How does the criminal justice system go from probable cause to sentencing?
Arrest warrant:
court's permission to make an arrest
Suspect is read Miranda rights & taken into police custody
Suspect charged with crime

Fingerprinted and photographed

Allowed to call a lawyer
Suspect formally informed of charges against him/her
Grand jury:

larger than the petit jury, decides if there's enough evidence to go to trial
Indictment:

statement that formally accuses defendant of crime
Indictment issued by grand jury
Defendant issues plea
Guilty - goes straight to sentencing

Not guilty - goes to trial
Petit jury hears case and reaches a
verdict
(acquits or convicts)
Acquit:
Convict:
defendant is found not guilty
defendant is found guilty
Judge decides punishment according to penal code
penal code:
a set of criminal laws - outlines crimes & punishments
there is enough evidence to make an arrest
Suspect becomes "defendant"
Plea bargaining:

defendant pleads guilty to a lesser offense, and receives a lesser punishment
Possible punishments
Probable Cause
Arrest
Booking
Preliminary Hearing
Indictment
Arraignment
Trial
Sentencing
Police
Arrest
Bad
People
In
A
Terrible
Society
- jail, probation, fine, parole, death
CRIMINAL LAW
Crime:
any act that breaks the law
Felonies:
serious crimes such murder and kidnapping
Misdemeanors:
less serious crimes such as speeding
2 types
of
crimes
Five categories of Crime:

1. Crimes against people





2. Crimes against property





3. Victimless crimes




4. White Collar crimes






5. Organized crime
murder
assault
rape
hate crimes
larceny
robbery
arson
vandalism
gambling
drugs
copyright infringement
embezzlement
computer hacking
identity theft
prostitution
drug trafficking
criminal:
a person that commits a crime
deals with disputes between individuals/groups in which compensation ($$) may be awarded to the victim
person accused
person who brings action against another person
plaintiff's attorney files complaint that describes nature of crime
Court sends summons (order to appear in court) to defendant
Defendant's attorney files written answer
Both sides file pleadings documents - complaints & answer taken together
Both sides argue case in court
Court gives verdict - the decision about who wins the case
Arbitration
An arbitrator acts as a judge by reviewing the case & making the decision
Mediation
2 parties meet and try to compromise
Civil Law
JUVENILE JUSTICE
Causes of Juvenile Crime:
Poor home conditions
Poor neighborhood conditions
Drugs & alcohol
Gang memberships
Peer pressure
Dropping out of school
For your information
Let's define some terms...
Juvenile:
a person under the age of 18
(sometimes 16)
Juvenile Delinquent:
a juvenile that breaks the law
Who is considered a juvenile in NC?

When can a juvenile be treated as an adult in NC?
a person under the age of 16


14-15 year olds who commit a felony
Consequences for Juveniles
**Goal = Rehabilitation**
Foster care
Juvenile corrections (like jail)
Probation
Counseling
What do you think?
Should juveniles be treated differently than adults? Why or why not?
Juveniles have the same rights as adults (14th amendment)
Parents must be notified
Unit 7 Vocabulary
Law
Criminal Law
Civil Law
Common Law
Administrative Law
Statutory Law
Constitutional Law
Tort Law
Family Law
Plaintiff
Defendant
Felony
Misdemeanor
Due Process of Law
Probable Cause
Plea Bargaining
Mandatory sentencing
Indeterminate Sentencing
Penal Code
Acquittal
Hung Jury
Juvenile Delinquent
Lawsuit
Arbitration
Mediation
Examples:
Divorce
Custody
Contracts
Property
Harm/Neglect
"Torts"
Writ of Habeas Corpus!
Remember:
You are innocent until proven guilty and you MUST be given a chance to defend yourself!
(12 jurors)
Bail - $ to ensure you return to court
Indeterminate vs. Mandatory Sentencing
max & minimum sentence
a set punishment
1st degree
vs.
2nd degree
vs.
manslaughter
Warm Up
1. Which amendment/article for each?
a. Right to trial
b. Due Process
c. Search & Seizure
d. Writ of Habeas Corpus & Ex Post Facto laws
2. What is the difference between felony & misdemeanor?
3. What are the two sides in a Civil Case? In a Criminal Case?
4. How are most civil cases solved?
5. What is the difference between grand and petit juries?
Warm Up
1. What is the main goal of juvenile justice?
2. How old is a "juvenile" in NC?
3. What is the difference between the following:
a. Administrative law e. Constitutional Law
b. Statutory Law f. Common Law
c. Criminal Law g. Tort Law
d. Civil Law
4. What is the purpose of cross-examination during a trial?
5. How many people on the jury have to vote "guilty" in order for the defendant to be convicted?
Warm Up -- Test today!
1. Define the following terms:
- Lawsuit - Acquit - Tort
- Summons - Convict - Writ of habeas Corpus
- Penal code - Statutory - Double Jeopardy
- Bail - Felony - Misdemeanor
2. What happens during the following steps of the criminal process?
- Indictment
- Arraignment
- Booking
3. What is the difference between indeterminate and mandatory sentencing?

STUDY FOR YOUR TEST WHEN YOU ARE FINISHED!
Notes, warm ups, review sheet, vocabulary....
General Assembly
Governor
Lieutenant Governor
Line-item veto
Commute
Council of State
County
Municipality
Ordinance
Charter
Ordinance
County Offices
Mayor-Council
Council- Manager
Metropolitan
Commissioners
Zoning
Urban renewal
Annexation
Apportionment
Budget
Revenue
Unit 9 Vocabulary
Unit 7: The Law
People accused of breaking the law have many rights. We know that under the ___ amendment, law enforcement must have a warrant to search your belongings. Under the ___ amendment, the accused have protections from double jeopardy (__________________), and self incrimination (___________), and right to a grand jury ( _______________) and due process (____________). The ____ amendment guarantees counsel and the _____ protects from cruel and unusual punishment.
Many of these rights have been upheld in Supreme Court cases such as ________________, which reinforced the right to counsel and ______________, which supported the 4th amendment protections against illegal searches. Cruel and unusual punishment has been debated with Supreme Court cases such as ______________ & ________________. Even the President has to follow due process according to ___________________ and the idea of rule of law.
Congress is not allowed to pass ________________, which are laws that are passed after a crime has been committed. It also cannot deny __________ ______________ or pass ________________, which means you must be informed of your charges and why you're arrested.
In a criminal case, the accused is called the ___________ and the state is the ____________. The accused is innocent until proven guilty, but if _______ (found guilty), he/she will be punished according to the penal code. If he/she is __________ (found innocent), the defendant is free to go home!
Warm Up
Other Rights of the Accused
Right to Appeal
Presumption of Innocence
Impartial Tribunal
aka unbiased court
"innocent until proven guilty"
may ask higher court to review case
Federal Laws --> Federal Court --> Federal Prison
(Dept of Justice, Regulatory Commissions (FBI, DEA, etc), Dept of Homeland Security
State Statutes --> State Courts --> State Prison
NC Dept of Justice, Regulatory Commissions (SBI)
Local Ordinances --> Magistrate/Municipal Courts --> Jail
State trooper, Sheriff, Deputy, City Policy
Jurisdiction of the Law
Types of Law
Constitutional - rules from the Constitution
Administrative/Regulatory - laws created by govt agencies (executive)
Civil - laws between people
Statutory - laws created by legislature
Common - laws based on precedent (judges)
International - laws governing world issues
Criminal - laws that prevent crime
Warm Up
In your opinion...
1. Why do people commit crimes?
2. How can we lower crime rates?
3. Why do we want to punish criminals?
4. Why do juveniles commit crimes?
5. How can we prevent juvenile crime?
6. Should juveniles be treated the same as adults?
Side note: Only FEDERAL level uses grand jury!
http://visual.ly/node/17170
http://visual.ly/crime-america
Warm Up
1. List 5 rights that the accused have. Do you think that these rights are necessary?
2. Describe 4 categories of crime. Which is the worst in your opinion?
3. Name 3 ways the juvenile law process is different from the adult law process.
4. What is the difference between the 2 types of crimes?
5. Name 1 way to make the criminal system more effective.
The WHOLE truth may not be revealed during the trial because both sides are trying to win.
This is called the "ADVERSARIAL NATURE" of courts.
Full transcript