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Criminal Law 101

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by

Traci Lacock

on 13 February 2017

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Transcript of Criminal Law 101

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?
State Case
Conclusion
Constitutional Rights
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?
Bond

Initial Appearance

Preliminary Hearing

Speedy Trial

Motions Hearing
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?
Miranda Rights
Closing Arguments
You get to argue your case!

Use the evidence ( or lack of evidence).

Beyond a Reasonable Doubt
What does that mean?
Defense Case
Phases of Criminal Trial
Jury Selection &
Opening Statements
Burden of Proof

Law Enforcement

Victims
Do you put on a case?
Put your client on the stand?
Protection of Rights

Questions??
Full transcript