Warm UP!

1. Warm UP! • What are some RISK FACTORS for becoming a criminal (what characteristics lead to criminal behavior)?

2. Criminals • Risk factors for becoming a criminal: poor, uneducated, bad past or home life, mentally ill, homeless, and committed a crime before. • Recidivism: tendency to relapse into criminal behavior; often if you commit 1 crime, you are much more likely to commit another crime • What can be done to prevent recidivism?

3. Criminal Vocab • Penal code: written criminal laws & the punishments for those laws • Prosecution: the party who starts the legal proceedings against another party(another name is plaintiff) • Defense: the party who represents the person who has been accused (represents the defendant)

4. Criminal Trial Proceedings • Step 1: Arrest: police handcuff someone, read them their Miranda rights, and charge the person suspected of committing a crime. • Must show an arrest warrant & prove probable cause for arresting them (have some evidence against them) • Step 2: Preliminary hearing: the suspect appears in court and is informed of the charges against him/her (writ of habeas corpus); the judge sets the bail or jail (must fit crime committed – 8th Amendment) • Step 3: Indictment: grand jury hears evidence and formally charges the suspect with the crime (5th Amendment)

5. Criminal Trial Proceedings • Step 4: Arraignment: defendant is asked for a plea (guilty or not guilty); if pleas not guilty, then a trial date is set. If pleas guilty, then they accept a plea bargain (they usually receive a less harsh punishment) • Step 5: Trial: prosecution and defense present cases to the jury; witnesses give testimonies and evidence is presented; the jury then reaches a verdict

6. Criminal Trial Proceedings • Step 6: Acquittal or Sentencing: Acquittal – when the defendant is named not guilty by the jury; Sentencing – if defendant is found guilty, the judge issues a sentence/punishment • OJ Simpson Case: if the glove doesn’t fit, you must ACQUIT • Optional Step 7: Appeal: the defendant can appeal the decision to a higher court if he/she is found guilty

7. Appellate Courts • Appellate jurisdiction: right to hear appeals cases • State cases: NC Court of Appeals or NC Supreme Court • Federal cases: US Court of Appeals or US Supreme Court • Appeals are either • Issue of Fact: certain facts about the case were not given proper consideration • Issue of Law: the decision should be overturned because trial procedures were not properly followed or the defendant’s rights were in some way violated

8. Criminal Proceedings Wrap-Up • Probable Cause – sufficient evidence that the person has committed a crime • Arrest Warrant – legal document that grants law enforcement officers the ability to arrest a suspect • Search Warrant – grant law enforcement officers authority to search a person’s house, personal belongings, property • Misdemeanor – less serious crime; punishable by fines, probation, less than 1 year in jail. • Felony – more serious crimes; punishable by long periods of incarceration and/or capital punishment

9. Criminal Cases Scramble • Create your own scramble (like the bill to law one from the beginning of class) for the steps in a criminal case. Put your name on the scramble. • Trade papers with a partner and answer each others’ scrambles. Be sure to put your name on your partners paper. • When you finish, please work on your Goal 1-2 review packet.