Crime and punishment

1. Crime and punishment Chapter 10 -4

2. Crime and Punishment • The Constitution protects rights of people accused of crimes, including the right to a fair trial. • Rights of Convicted People: The Constitution prohibits government from imposing excessive fines or cruel and unusual punishments.

3. Crime and Punishment • The Constitutional goal – accused persons receive fair and reasonable treatment • From arrest to trial to punishment.

4. The U.S. Justice System • -Basic freedoms are guarded by the justice system. • -Provides protections for accused and convicted • -Seeks fair and impartial outcomes • -Follows rules and guidelines (due process)to resolve civil & criminal trials, and other disputes.

5. The U.S. Justice System • Two categories of law • Civil law covers private disputes between people over property, relationships • Penalties – fines, injunctions, declaratory judgment • Criminal law is system for dealing with crimes, punishments • Punishments - fined, imprisoned, executed

6. The U.S. Justice System • Categories of Civil Law • Contract Law: Legal agreement between two or more parties; verbal or written, but all legally binding • Tort law: Actions harmful to another person; medical malpractice, civil rights violation, libel, slander • Property law: Purchase, sale of property; house, auto • Family law: marriage, divorce, child custody, wills

7. The U.S. Justice System • Civil law case called lawsuit • -plaintiff brings suit against defendant • Seeking damages – Compensation for injury • Alternative to trial • -mediation, arbitration, negotiation • - no resolution lawsuit moves forward

8. The U.S. Justice System • Steps of civil trial: • Plaintiff hires lawyer • Files complaint • Seek to settle before trial • trial goes forward if no settlement • Trial heard by jury or judge • Jury, judge issues ruling • Decisions may be appealed

9. The U.S. Justice System Civil Law Decisions based on preponderance of the evidence. -Not based on reasonable doubt -Winner's side of the story is more probably true than not true. -Does not mean that one side brought in more evidence than the other side.   -It means that one side's evidence was more convincing than the other's.

10. The U.S. Justice System The U.S. Justice System • Criminal Law • — Offenses against public (The State) • — Local, state, federal law • — Misdemeanor minor offense; traffic, petty theft • — Felony serious; murder, sexual assault, grand theft

11. The U.S. Justice System The U.S. Justice System • Criminal Case Processes • — 5th Amendment guarantee: Federal or felony charges generally require Grand Jury • — Grand jury decides if enough evidence to charge person with crime • — Issues formal complaint, indictment • — Accused arrested • -Miranda Rights read • -Attorney provided if needed • -Plea entered (arraignment)

12. The U.S. Justice System The U.S. Justice System • — Bail—money pledged by accused as guarantee he/she will return for • 1. trial—may be set • 2. Plea bargain may be reached • 3. If trial proceeds, complex process begins

13. The U.S. Justice System The U.S. Justice System • Jury Trial • — Jury selection comes first • — Prosecution and defense each offer evidence, witnesses • — Judge or jury decides case • — Either side may appeal decision to higher court • — If defendant found guilty, sentencing takes place at separate hearing • —

14. The U.S. Justice System The U.S. Justice System • Sentences depend on severity of crime: • 1. probation • 2. prison time, • 3. capital punishment—punishment by death—most severe sentence

15. The U.S. Justice System The U.S. Justice System • Presumption of innocence - innocent until proven guilty Standard of guilt - beyond a reasonable doubt. • Goal - Balance rights of the accused with the need to a protect society

16. The U.S. Justice System Rights of Accused • Habeas Corpus • Fifth Amendment includes guarantee people cannot be tried for most federal crimes without first being indicted by grand jury • Some states do not have grand jury system • Criminal charges brought by District Attorney

18. The U.S. Justice System Rights of Accused • Self-Incrimination • Fifth Amendment protects accused from witnessing against him/herself • Protection covers any government proceeding that might lead to criminal charges; covers only spoken testimony • Government can get people to testify against selves by granting immunity • 1966, Miranda v. Arizona: questioning suspects without giving right to consult with attorney violates Fifth Amendment

19. The U.S. Justice System Rights of Accused • Miranda requires police to read Miranda warnings to suspects • Right to remain silent • Anything they say may be used against them in court • Right to have attorney; court-appointed attorney provided if they cannot afford attorney

20. The U.S. Justice System Rights of Accused • Failure to Mirandandize may result in courts refusing to consider confession as evidence • Critics: some guilty people go unpunished because police did not inform of rights • Supporters: warnings protect innocent people from being tricked, forced into confessing to crimes they did not commit

21. The U.S. Justice System Rights of Accused • Bail • Eighth Amendment: “excessive bail shall not be required” • Not all must be allowed to post bail • Some charged with crimes like murder not allowed to post bail

22. The U.S. Justice System Rights of Accused • Bills of Attainder • Bill of attainder declares person guilty; takes away right to trial • Constitutionally prohibited from being passed by states or Congress as violation of separation of powers

23. The U.S. Justice System The U.S. Justice System • Ex Post Facto Laws • Apply to legal events in past; outlawed by Constitution • Such laws would make it possible to punish person for actions legal at time committed

24. The U.S. Justice System The U.S. Justice System • Speedy and Public Trial • Sixth Amendment: “accused shall enjoy the right to a speedy and public trial” • Innocent person may spend less time in jail, witnesses’ memories fresher, testimony more accurate • Public trial prevents abuses of law, allows public to monitor proceedings

25. The U.S. Justice System The U.S. Justice System • Speedy and Public Trial… • Press may have access to courtroom controversial; may influence jurors • Supreme Court: televising trial does not prevent fair trial • Courts have power to limit public access to courtrooms • May close trial to public to ensure fair trial, protect the public interest

26. The U.S. Justice System The U.S. Justice System • Trial by Jury • 6th Amendment: right to trial by jury, incorporated into 14th Amendment (States) • Trial jury made up of 12 jurors • Takes place in district in which crime took place • Bench trial: one in which judge alone hears trial

27. The U.S. Justice System The U.S. Justice System • Right to an Adequate Defense • Defendants must be informed of charges against them • Be confronted with and have chance to cross-examine, witnesses • Adequate legal representation guaranteed • Right to attorney • Lawyer’s failure to meet professional standards violation of defendant’s rights

28. The U.S. Justice System The U.S. Justice System • Double Jeopardy • Double jeopardy: no one can be made to stand trial twice for same offense • Incorporated into 14th Amendment • Not double jeopardy if jury fails to reach verdict • Government may try case again

30. The U.S. Justice System The U.S. Justice System Punishment • Excessive Fines • 1. Eighth Amendment: prohibits government from imposing excessive fines • 2. Limit applies only to government fines • 3. Civil juries have few limits

31. The U.S. Justice System The U.S. Justice System • Cruel and Unusual Punishments • — Banned by Eighth Amendment • — Supreme Court has never defined “cruel and unusual” • — Debate has figured into numerous cases involving death penalty

32. The U.S. Justice System The U.S. Justice System • Capital Punishment • Death penalty practiced at time Bill of Rights written • Supreme Court has consistently ruled capital punishment constitutional • Number of crimes for which capital punishment applied reduced • Most states allow death penalty • New technology (DNA) has helped prove innocence of some convicted criminal