Adjudicaton Public Myth Court Types Court decisions Criminal justice police adjudication corrections The wealthy go free Innocent people can be forced to confess Guilty people are released everyday Small claims represent yourself people s court fines 1 000 or less Traffic court speeding infractions Family court Surrogate court Limited jurisdiction small claims traffic court General jurisdiction felony cases entire state bigger cases Grand jury Trial court Appellate court Court of appeals State Court 61 traffic 18 civil 15 criminal 5 domestic 1 juvenile Jurisdiction Federal Courts Federal crime Civil rights Interstate cases Judges Local court State court Federal court Supreme court 9 judges for life term appointed by president What does the Supreme Court do Resolve a conflict in the interpretation of a federal law or a provision of the federal constitution Correct judicial proceedings Resolve an important question of federal law that conflicts daily with a previous decision of the court District Attorney Chief investigative officer Represent the people DA vs ADA Salary Term Other Lawyers in Court Defense attorney Judge 1st amendment Freedom of religion Freedom of speech 2nd amendment Right to bear arms 3rd amendment Quarter soldiers 4th amendment Protection against illegal searches and seizures Arrest arraignment what you have been charged with and why bail preliminary hearing grand jury inditement court calendar witnesses evidence hearing trial guilty appeal not guilty Constitutional Law Bill of rights Protect our freedoms from the government 5th amendment Confessions confess what you want can t be forced Miranda rights right to remain silent Grand jury safeguard from going right into trial Double jeopardy cant be tried for the same crime twice 6th amendment Criminal procedure 7th amendment Monetary damages Misdemeanors 8th amendment Bail Cruel and unusual punishment Constitution cannot deny you rights set forth by the states Anything not written in the Constitution giving you power to do something is left up to the states States cannot violate our constitutional rights without the process Substantive due process right against any laws that may be bias can t pick on one group of indiv Procedural due process right to fair trial can bring own witnesses 9th amendment 10th amendment 14th amendment Due Process Why is this design for our trial system To get to the truth of the matter The Criminal Trial The people Open and fair trial Mental state have to be mentally able with actions and what they re doing or postponed It is a statement made outside the court that is brought into the courtroom to be used to prove the truth of the matter email voicemail Excited utterance say things without thinking might of said it because excited Present sense impression impression of what was going on at the time Present state of mind Business records Dying declaration bring in person who last heard person before died Prior testimony Admission of guilt Jury vs bench Competent Defendant Confronting witnesses Did they really see what happened Are they biased Are they capable of telling the truth Are they trustworthy Hearsay Tests for Truth Take an oath Make statements in court Cross examination Exceptions Jury Trial 6 vs 12 members Intelligence Who shows up Right to Speedy Trial Get witness on the stand Avoid pretrial detention Avoid publicity Avoid delay that could hurt defendant Fair Trial Courtroom acts Pressure on witnesses Prejudice against the defendant Publicity Release of evidence Need to know What is the basis of our courtroom system debate How do we get an open and fair trial public media can watch quick jury Why have a jury vs bench trial Right to be tried by a jury How do we make sure the defendant is competent What is hearsay evidence Why is a speedy trial important Arrest arraignment indictment calendar print hearing trial Complaint number location date time sector beat post Petrial Rules of discovery Complaint Report Type of Crime Victim and Reporter Adjudication Will view line up Will prosecute Notified of advocate crime comp Suspect Classification attempt complete case status unit referral alarm gang related narrative Sex age race disabled language resident address phone Sex age race US citizen language accent resident address phone Height weight eye color hair color hair length hair style skin tone complexion gait SS gang affiliation clothing body marks tattoos Victim and suspect living together relationship order of protection Physical force weapon used weapon possessed firearm discharged Metro card vehicle direction Statements made Action towards victims Impersonation The Crime Transportation Modus operandi Property Evidence Collected requested Notifications Lost stolen found business personal identification number Special victims property crimes crime scene unit medical examiner gang unit reporting officer investigating officer supervisor Defense to Crime Alibi somewhere else at the time Self defense fear of safety Duress force or pressure to commit a crime SOL statute of limitations state law each state has their own time has expired homicide does not have SOL in any state exam question Entrapment persuaded to commit a crime Double jeopardy 5th amendment protection can t be tried twice for same crime Mistake honestly did not know took a briefcase and sincerely thought it was your own Mental illness plea of insanity m naghten rule irresistible impulse ability to know right from Intoxication involuntarily placed under the influence wrong no control over yourself durham test criminal action product of disease American law institute model defendant is not responsible for criminal conduct if lack capacity to appreciate their actions brawner rule lack capacity to appreciate conduct insanity reform act temporary insanity undergo treatment until found it was only temporary and so it doesn t happen again Types of Punishment fines 1 type of punishment prison more serious crime or felony more prison time house arrest probation execution banishment mutilation branding flogging lashes whips History England B C monetary fines biggest form of punishment 5th century eye for eye mentality you kill my son I kill yours 11th century corruption of kings taking property 12th century kill steal assault Work at the penal colonies prisoners sent there harsh conditions no money rarely survived End of the empire after U S declared independence England weakened Reasons why we sentence the convicted