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The Criminal Justice System

The Criminal Justice System. 3.1 – So you’re going to trial…. Friday February 21, 2014. Objectives: SWBAT. Identify the pretrial motions of the CJS Analyze the controversy surrounding plea bargains. So you’re going to trial….

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The Criminal Justice System

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  1. The Criminal Justice System 3.1 – So you’re going to trial…. Friday February 21, 2014

  2. Objectives: SWBAT • Identify the pretrial motions of the CJS • Analyze the controversy surrounding plea bargains

  3. So you’re going to trial…. • The Sixth Amendment guarantees you the right to a trial by an impartial jury • You can waive your right a couple ways • Plead Guilty • Ask for a “Bench Trial” – only a judge present PRETRIAL PROCEDURES!!!!!

  4. Grand Jury vs Preliminary Hearing • The Grand Jury • Used in all serious Federal cases • Used in roughly half the states • The state presents its case to a jury • The jury decides if there is enough evidence to proceed • The ruling is called an indictment

  5. The Grand Jury Rules • The defendant has no right to be present • Nor does his attorney • No judge is present either • The state does not need to present ALL the evidence • The normal rules of evidence do not apply • The point of this: • The grand jury acts as a check on government action, • If the jury does not feel that the state has the evidence to go forward with a trial the case stops there.

  6. Arraignment and Pleas • After the indictment has passed, • Arraignment • The defendant hears the full list of formal charges levied against them • Enters a formal plea • Pleas • Guilty • Not Guilty • Nolo Contendre • No Contest – I do not admit guilt, but I am not fighting the charges

  7. Plea Bargaining • The state makes a concession on the punishment in exchange for a plea of guilty • The choice you have to make: • Take a risk in court and a harsher sentence • Waive my right to a trial and go directly to jail

  8. Consider the following

  9. Exit Ticket – Yeah, sure, I did it • You are arrested and charged with burglarizing Poly (the senior class dues moneybox has been stolen). The total amount taken is well over $5,000. You have a couple instances of shoplifting on your record already, so there is a history. • There is evidence putting you at the scene, but the evidence linking you to the crime is weak at best • You are offered a deal, plead guilty to petty larceny, one-year of suspended sentence with one year of community service with probation. But the guilty plea is on your record forever. • Would you take the deal? Why might someone plead guilty to a crime they didn’t commit?

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