Warm UP!

What are some RISK FACTORS for becoming a criminal (what characteristics lead to criminal behavior)?

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?

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)

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)

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

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

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

Appellate Courts

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

Criminal Proceedings Wrap-Up

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.