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Unit 7: The Law
Transcript of Unit 7: The Law
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
larger than the petit jury, decides if there's enough evidence to go to trial
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
(acquits or convicts)
defendant is found not guilty
defendant is found guilty
Judge decides punishment according to penal code
a set of criminal laws - outlines crimes & punishments
there is enough evidence to make an arrest
Suspect becomes "defendant"
defendant pleads guilty to a lesser offense, and receives a lesser punishment
- jail, probation, fine, parole, death
any act that breaks the law
serious crimes such murder and kidnapping
less serious crimes such as speeding
Five categories of Crime:
1. Crimes against people
2. Crimes against property
3. Victimless crimes
4. White Collar crimes
5. Organized crime
a person that commits a crime
deals with disputes between individuals/groups in which compensation ($$) may be awarded to the victim
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
An arbitrator acts as a judge by reviewing the case & making the decision
2 parties meet and try to compromise
Causes of Juvenile Crime:
Poor home conditions
Poor neighborhood conditions
Drugs & alcohol
Dropping out of school
For your information
Let's define some terms...
a person under the age of 18
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**
Juvenile corrections (like jail)
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
Due Process of Law
Writ of Habeas Corpus!
You are innocent until proven guilty and you MUST be given a chance to defend yourself!
Bail - $ to ensure you return to court
Indeterminate vs. Mandatory Sentencing
max & minimum sentence
a set punishment
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?
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?
3. What is the difference between indeterminate and mandatory sentencing?
STUDY FOR YOUR TEST WHEN YOU ARE FINISHED!
Notes, warm ups, review sheet, vocabulary....
Council of State
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!
Other Rights of the Accused
Right to Appeal
Presumption of Innocence
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
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!
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.