Our Criminal
Justice System
Essential Questions: What are the stages in our criminal
justice system? Is our criminal justice system fair?
The Crime
 What is a crime? A Wrongful Act w/ Intent

Wrongful – an act that harms individuals
and society AND is prohibited by law
before the crime was committed

Conscious intention to carry out that act

Mentally challenged? Psychiatric illness?

Not aware of the law?
 Types of Crimes: Misdemeanors and
Felonies

Misdemeanor: less serious than a felony,
punishable by fines or short jail sentences

Felony: more serious, results in ext. prison
time

Capital Crimes
The Investigation
 4th Amendment Protects
Unreasonable Searches
and Seizures
 Warrant must be
obtained: location
searched, items/people
to be seized
 Exceptions: Witness
crime, trash on street,
sobriety check points,
airport searches, schools,
consent searches
 The Exclusionary Rule
The Arrest


Miranda v. Arizona 1963

Ernesto Miranda accused of rape and
kidnapping

Confessed to both crimes, but had not
been informed of 5th and 6th
Amendments

S.C. – for a confession to be valid,
suspect must be informed of his or her
rights
Miranda Warnings:

You have the right to remain silent.

Anything you say can be used against
you in court.

You have the right to an attorney and
have that attorney present while you
are being questioned.

If you cannot afford an attorney, one
will be appointed for you before
questioning begins.
Processing Suspects
After an Arrest (No notes)
 Asked to provide name, DOB,
other personal info
 Informed of charges against them
 Fingerprinted, photographed,
searched
 Personal property confiscated,
items recorded by police officer,
prisoner signs
 Right to make phone calls during
booking
Pre-Trial Activity
 Within 48 hours have right to appear in court
 Initial Appearance:
 Rights are restated, made aware of charges
 Possibility of release from custody: bail
 Money to guarantee he/she will return for their trial
 Exceptions
 Preliminary Hearing: Will there be a trial?
 Grand jury weighs evidence, indicts the suspect if there is
enough evidence
 Arraignment
 Guilty or not guilty plea
 Another option: plea bargain, pros and cons
Talk to your neighbor:
 What are several of the stages of our
criminal justice system?
 What are some important ideas we have
talked about so far?
The Trial
 Right to a speedy trial
 The right to be judged by an
impartial jury of one’s peers
 Jury selection – weeding out
 Rule of evidence in criminal
trial
 Jury deliberates behind
closed doors, verdict is
announced
Jury Selection

Acquitted, taken into custody,
or “hung” jury
 Death penalty and federal
cases – jurors must be
unanimous
Sentencing and Appeals
 Making the punishment fit the crime
 Indeterminate sentencing – variable,
review board decides parole
 Determinate sentencing – fixed amount
of time, not eligible for parole
 Concurrent vs. consecutive
 Other sentences: suspended,
probation, home confinement, a fine,
restitution, work release
 Cases can only be appealed that there
was an error of law
The Correction System
 Minimum security vs.
maximum security
 Prisoner’s rights: right to
receive mail, get medical
attention, practice religion
 Can submit a request to
parole board
 Transition back to society
can be tough