Know Your Rights UNDERSTANDING THE JUSTICE SYSTEM Be the One LLC Frank Griffitts ©2012 All Rights Reserved

Know Your Rights

UNDERSTANDING THE JUSTICE SYSTEM

Be the One LLCFrank Griffitts

©2012 All Rights Reserved

Basic Concepts:

The Bill of Rights Burden of Proof Status Offenses Juvenile Law First Responder Safety

Bill of Rights First Amendment – Establishment Clause, Free Exercise Clause;

freedom of speech, of the press, and of assembly; right to petition

Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.

Third Amendment – Protection from quartering of troops.

Fourth Amendment – Protection from unreasonable search and seizure.

Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

Seventh Amendment – Civil trial by jury.

Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.

Tenth Amendment – Powers of States and people.

Fourth Amendment

The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches

and seizures, shall not be violated, and no Warrants shall

issue, but upon probable cause, supported by Oath or

affirmation, and particularly describing the place to be

searched, and the persons or things to be seized.

The Fourth Amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.

Fifth Amendment

No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or

indictment of a Grand Jury, except in cases arising in

the land or naval forces, or in the Militia, when in

actual service in time of War or public danger; nor

shall any person be subject for the same offense to be

twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against

himself, nor be deprived of life, liberty, or property,

without due process of law; nor shall private property

be taken for public use, without just compensation.

Sixth Amendment In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial, by an impartial jury of the State and

district wherein the crime shall have been committed, which

district shall have been previously ascertained by law, and to be

informed of the nature and cause of the accusation; to be

confronted with the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the

Assistance of Counsel for his defence.

You Have the Right To...

...remain silent. Anything you say can and will be used against you in a court of law.

You have the right to have an attorney present prior to or during questioning.

If you cannot afford an attorney, you the the right to have an attorney appointed to you.

Do you understand your rights?

Burden of Proof

Reasonable Suspicion: A reasonable person would believe that some person may have committed, may be committing, or may be about to commit some crime (authority to detain).

Probable Cause: A reasonable person would believe that a specific person has committed, is committing, or is about to commit a specific crime (authority to arrest, serve a warrant, and/or charge with a crime).

Preponderance of the Evidence: A reasonable person believes that it is more likely than not that a specific person committed a specific violation (authority to subpoena... applicable in civil cases such as traffic violations).

Beyond a Reasonable Suspicion: A reasonable jury believes without any reasonable doubt that a specific person committed a specific crime (authority to convict of a misdemeanor or felony crime).

Due DiligenceSCENARIO:You are out of town on vacation. At 2:00am, the burglar alarm at your house goes off and the patrol officer that covers your beat is notified that your house alarm was tripped. What is your expectation of the police?

The patrol officer responds to your neighborhood and he sees a person jogging down the sidewalk a couple of houses away from your house. The person is wearing a black hoodie and black sweat pants. What should the cop do?

The cop detains the person for reasonable suspicion to get information from him. The person does not have any identification on him, but he claims he is just out for an early morning jog. The person Won't take his hands out of his pocket. He has a t-shirt wrapped around his hand which appears to be bleeding. What should the cop do?

The suspect claims that he tripped on the curb and fell down, cutting his hand. The cop calls for backup to check your house. There is a broken window at the side of the house and a substance that appears to be blood on the window sill. What should the cop do?

The suspect (wearing muddy, size 10 NB trainers) admits that he cut his hand on the glass, but it was because he was checking out some suspicious noises at the side of the house. Detectives later find muddy size 10 NB footprints inside your bedroom. Guilty or Innocent?

Burden of Proof

Reasonable Suspicion.............

Probable Cause.......................

Preponderance of the Evidence..................................

Beyond a Reasonable Doubt...

10% proof

25% proof

51% proof(civil cases)

90% proof

Status Offenses

Driving 16 years

Car Seat 5 years

Seat Belts 16 years

MC Helmets 18 years

Voting 18 years

Smoking 18 years

Drinking 21 years

Curfew 15 years; 17 years

Innocent Until Proven Guilty?SCENARIO:You are sixteen years old. You are sick of being treated like a baby. After working your part time job and doing your homework, the only time you have to exercise is very late at night or very early in the morning. You decide to sneak out of your house and go for a jog at 2:00 am.

While running past a neighbor’s house, you hear a window break. You know your neighbor is out of town and you are worried that someone might be damaging their property. You find a broken window and accidentally cut your hand on the sharp glass. You wrap your hand in your t-shirt and start to jog home. You see headlights coming your way. It is a cop. What do you do?

The cop turns on his spotlight and overhead lights and yells at you to stop. You put your injured hand in your pocket, hoping he won’t notice. He gets out of the car with his gun pointed at you and tells you to lie down on the ground. He asks you your name and why you’re running away from him. He sees your bloody hand and asks you why you’re bleeding. What do you do?

You realize that it looks suspicious that you were at your neighbor’s broken window. You lie and tell the cop that you tripped on the curb and cut your hand. After briefly talking on his radio, the cop puts you in hand cuffs and tells you that you are being investigated for a possible burglary in the neighborhood. What do you do?

You explain to the cop that you were just out jogging when you heard your neighbor’s window break. You tell him that you know your neighbors were out of town and that you were afraid someone was damaging their property so you went to check it out. You admit that you cut your hand pretty badly and that was why you were running home. The cops obviously don’t believe you. What do you do?

Juvenile Justice System Philosophy

Juvenile Law attempts to utilize the most lenient course of action required by law and dictated by circumstance. For example, a cooperative and remorseful juvenile is likely to receive some form of diversion in lieu of prosecution for non-violent offenses.

Anecdotal experience suggests that victims of juvenile delinquent acts such as property crimes want the least stringent punishment for the suspect juveniles if the juveniles are cooperative and remorseful.

Anecdotal experiences also suggest that parents who encourage honesty, responsibility, and restitution are less likely to have a juvenile become a repeat offender.

Conversely, parents who make excuses for their children, do not cooperate with law enforcement, encourage their children to invoke their rights, or pay all of their children’s legal fees without consequences are often the parents of repeat offenders who’s behavior frequently escalates to more severe crimes…

Trivia

Q: Can police detain juveniles without the parent’s permission?

(a) Yes (b) No (c) Maybe

Q: What burden of proof is required to detain a person for investigation?

(a) Reasonable suspicion

(b) Probable cause

(c) Probably suspicion

Q: Parents and Guardians need a search warrant to search a child’s room.

(a) True (b) False (c) Sometimes

Q: In Arizona, it is against the law to use physical force to direct the behavior of a juvenile in your care, so long as you don’t leave a lasting mark or an injury.


Trivia

Q: Can juveniles be incarcerated in the same facility with adults?


Q: Juveniles temporarily detained with adults must be separated by what means?

(a) Sight barriers

(b) Sound barriers

(c) All of the above

Q: Juveniles detained in county facilities are usually strip searched and body cavity searched.


Q: Juveniles can be detained for extended periods for violent crimes or extensive non-violent delinquent acts.


Trivia

Q: Can juveniles be physically arrested for status offenses?


Q: In AZ, how long can police hold a juvenile in custody before turning over to parents or a county facility?

(a) 2 hours

(b) 6 hours

(c) 12 hours

Q: Juveniles booked for non-violent offenses are usually turned over to parents, guardians or CPS, pending their court date.


Q: Typical penalties for juveniles adjudicated for non-violent delinquent acts include probation, community service, and legal fees.


Trivia

Q: Cops have the right to frisk you. (a) Yes (b) No (c) Maybe

Q: How many extra holes should a first responder have in his body at the end of his shift?

(a) No more than one extra hole

(b) Zero extra holes

(c) Three extra holes.

Q: Cops have the right to prevent you from making phone calls when you are detained for investigation.


Q: Cops have the right to separate you from your friends or other people when you are detained for an investigation.


Trivia

Q: If pulled over by a cop at night, you should turn on your dome light and keep your hands on the steering wheel.


Q: Cops are way cooler than firefighters.

(a) True.

(b) Usually True.

(c) Always True.

Q: Everyone likes firefighters more than cops. I am a bitter cop. (a) True (b) False (c) Sometimes

Q: If you don’t like this presentation, please leave your name, DOB, license plate number and vehicle description on the evaluation form.


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Know Your Rights UNDERSTANDING THE JUSTICE SYSTEM Be the One LLC Frank Griffitts ©2012 All Rights Reserved