From Arrest to Appeal:
A Simplified Presentation of the Criminal Justice
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.
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.
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
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
E. Arraignment and Plea
1. Bringing the accused before judge to be
2. Accused may plead guilty or not guilty.
1. Sixth amendment guarantees a...