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Criminal Law 101
Transcript of Criminal Law 101
Right to an Attorney
How can you represent someone who you KNOW is guilty?
Protection of everyone's rights.
Keeping prosecutorial and police power in check.
4th Amendment - what happens if seizure is unlawful?
Whether you are rich or poor everyone should have the same access.
Right to Remain Silent
If you are in custody -
A lawyer has to be provided if you ask for one before the police can speak with you.
Request must be clear and affirming.
Silence won't get a person a lawyer.
The police have warned you - so they can use what you say against you in court AND THEY WILL!
Why does this matter?
4th Amendment - Right against unlawful search and seizure
6th Amendment - Right to a jury trial
8th Amendment - No cruel and unusual punishment
What happens after a person is charged?
If you are in custody:
1. Right to Remain Silent. Anything you say can and will be used against you in a court of law.
2. Right to an attorney. If you cannot afford one, one will be provided to you.
3. With these rights in mind, do you still want to speak with me?
You get to argue your case!
Use the evidence ( or lack of evidence).
Beyond a Reasonable Doubt
What does that mean?
Phases of Criminal Trial
Jury Selection &
Burden of Proof
Do you put on a case?
Put your client on the stand?
Protection of Rights