From Arrest To Appeal: Essay

447 WordsJan 14, 20112 Pages
From Arrest to Appeal: A Simplified Presentation of the Criminal Justice System GRADE LEVEL: 9-12 PURPOSE: Many students have limited knowledge about their rights in the criminal justice system. This lesson is important in that in today's ever-rising crime rate, our criminal justice system seems at times not to work for anyone but the criminal. This unit will help the student understand the importance of the system to the accused, not just the guilty. OBJECTIVES: 1. To provide the student with basic information for understanding adult criminal procedures. 2. To enable a student to take a case through the steps of legal procedure from arrest to appeal and know the purpose of each step. PROCEDURES: A. Arrest 1. Without a warrant police must have sufficient facts to convince a reasonable man that a crime has been committed to make an arrest. 2. With a warrant: a) based on probable cause b) warrant obtained from a judge presenting probable cause. 3. Miranda warnings must be applied. B. Preliminary hearing is an informal hearing before a judge to determine if sufficient evidence exists to have suspect bound over for trial. C. Jail or Bail 1. Bail cannot be excessive (8th amendment) 2. Bail can be denied (first degree murder) and "poor risk" of defendant to return for trial. D. Grand Jury 1. Functions (composed of 23 members) a. Determines whether a crime was committed. b. Whether, based on evidence, the suspect could have committed the crime. c. 12 members must agree to return an indictment. E. Arraignment and Plea 1. Bringing the accused before judge to be formally charged. 2.

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