DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 02/28/11, Topic: Criminal Procedures2) Next line, write “Opener #25” and then:

1) Write 1 high+1 low in last 24 hours2) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect)

3) Respond to the Opening Clip by writing at least 1 sentences about:Your opinions/thoughts OR/ANDQuestions sparked by the clip OR/ANDSummary of the clip OR/ANDAnnouncements: None

Agenda1) Criminal Procedures2) Mock Trial Prep

What you will be able to do:1) Know what to do as a victim of a crime.

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FRONT OF CLASS: WHITE BOARD

Projector

ATTENDANCE:Circle = AbsentDouble Circle =Tardy

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PARTICIPATION:/ = Participation

-- = Non-Participation

Resolution Key: R=Reminder, Xmin, P=ParentIncident Key: U=Unsafe, D=Disrespectful, O=Off Task, T=Talking, N=Not Prepared, C=Careless, L=Late Resolution Key: A=Apology, F=Fixed, S=Served

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TODO:

Class Participation 1-10 Point Weekly Grading Scale: 0-5: Off task or missing in class activities. 6: Coming to class prepared and following activity instructions. 7-10: Participating in class discussions and/or writing blog entries (2+ a week). 2 points are deducted for not being present for class activities or for being off task.

Workbook Setup:Draw a line between days.Use back and front of pages.

Opener (graded)Write date, topic, opener #Then 3 sentences: based off the opener questions.

Notes (not-graded)In-class notes go next. Notes online and in class binder.60% of test from notes.

Work Section (graded)Work sections correspond to the opener #, and then go in letter a-z order. Title: must be included in each work section.20-40% of test from work sec.Surprise quizzes 100% based off notes and work sections.

Participation (10 points a week)Negative Mark: Minus 2 Points Each0 Check: 6 Points1 Check: 7 Points2 Checks: 8 Points3 Checks: 9 Points4 Checks: 10 Points 5 Checks: 11 Points (+1 EC)6 Checks: 12 Points (+2 EC)7 Checks: 13 Points (+3 EC)8 Checks: 14 Points (+4 EC)

Find 4 sources on your role, and attach a Validity Sheet to each source.Due: Block

Find, read, highlight, validate.

Review, Title: “Judiciary Notes” 1) Federal Court

(fed issues, civil)

State Court(state issues, most crimes, civil)

3 Supreme Court

3 CA Supreme Court

2 Circuit Court of Appeals

2 CA Court of Appeals

1 District Court (Trial Court)

1 CA Superior Court (Trial Court)

Review, Title: “Legal Procedures”

2) Types of Cases:a)Interpretation of the Law: You vs. GovOutcome: Stop law or action, force action.b) Criminal Cases: Society vs. AccusedOutcome: punishmentBurden: 12/12: “beyond reasonable doubt”c) Civil Cases: You vs. OthersOutcome: Money or action. Personal harm

cases are called torts.Burden: 9/12: “preponderance of the evidence”

3) How to Win:a) Arbitration/Mediation (Criminal: Plea Deal):95% of cases are settled before ever a trial.b) Prove Innocence (Create Factual Doubt):TO A JURY: Argue the burden is not met,

criminal: 1 out of 12 jurors* (can re-try, 12 out of 12 for no retry), civil: 4 out of 12 juror

c) Dispute Law or Evidence (Case Precedent):TO A JUDGE: Dispute the law (example:

exclude illegal evidence or argue the law/crime itself is unconstitutional)

IT IS C THAT CAN BE APPEALED!d) Flee to a country that doesn’t have

extradition with the US: Venezuela or Iran

Notes #25a, Title: “Legal Procedures” 1a) Roles in the Criminal Process:Police: Gathers evidence, makes arrestDistrict Attorney/DA (elected): Prosecuting

lawyer for gov, decides if gov will prosecute.

Defender: Hired lawyer for the accused.Public Defender/PD: Gov hired lawyer for the

accused.

ReviewJudge: Rules on issues of lawJury: Determines guilt (reality)

Notes #25a, Title: “Legal Procedures” 1b) Roles in the Criminal Process (this is your

procedural DP-states must give thanks to 14th):

1) Investigation2) Warrant (search or arrest) 3) Arrest (warrant needed unless in act)4) Bail (possibly)5) Preliminary Hearing or Grand Jury6) Indictment7) Plea Bargain (possibly)8) Jurisdiction Hearing/Trial9) Dispositional Hearing/Sentencing10) Appeal?

1) Investigation: Police gathers info, if they see crime committed, they can arrest without warrant.

2) Warrant: Right to search your things or arrest you. Requires probable cause. “Reasonable person would believe that probably…”

3) Arrest: When you are no longer free to leave. You’ll be read your Miranda rights.

Miranda Rights:You have the right to remain

silent. Anything you say can and will be used against you in a court of

law. You have the right to have an attorney present during

questioning. If you cannot afford an attorney, one will be appointed for you.

Difference Between Detention and Arrest

a) Arrest is when you are no longer free to leave. You’ll be read your Miranda rights (unless caught in the act of a crime).

b) Suspect detention: Hold you until the DA’s office is open or for your safety, 24-72 hours (or till parents arrive).

c) Witness detention: Beyond a few minutes is typically not accepted

4) Bail: Judge decide if you can go home before your set court date or if you must stay in jail.

Bail is money you give court in place of your body. You get it back if you show up at your

court date.

5) Preliminary Hearing: Judge will decide if there’s enough evidence for a trial or if to let you go.

Grand Jury: In fed cases, instead of a judge, a jury gets to decide if there’s enough evidence for a trial or to let you go (same function as a prelim hearing)

6) Indictment: Formally charged, it’s if a prelim hearing or grand jury says you need to go to trial.

7) Plea Bargain: After indictment, and before trial date, DA tries to give you a deal where you confess for a lower punishment. 90% of cases.

http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/

8) Jurisdictional Hearing/Trial: Trial to determine guilt with a jury. What you see on TV all the time. Jury Criminal Case: 100%

Hung Jury: Not 100%. The accused can be tried again (it would not be double jeopardy)

Jury Nullification: When a jury decides to all 12 vote someone is innocent, b/c they don’t like the crime, even if the person is clearly guilty.

9) Dispositional Hearing/Sentencing: If found guilty by a jury, judge decides punishment, if death penalty, separate jury must approve it.

10) Roles for Sentencing:Neutralize: To stop the crime.Rehabilitation: Help fix the

person.Retribution: Help the victims

family.Deterrent: Stop others.

If you a person of color and you kill someone white person, you are four times more likely to get the death penalty. DOJ Statistics

Journ #25a, Title “Sentencing”Neutralize: To stop the crime.Rehabilitation: Help fix the person.Retribution: Help the victims family.Deterrent: Stop others

1) With a partner: write down the ranking order of most to least important. Strike a cross through any category that they think should NOT be a factor (include their name in the end).

Journ #25b, Title “San Diego DA”

1) Copy Source Title: Law&Order

2…) Discuss questions on the board with a partner. Summarize your discussion (include their name at the end). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections

Journ #25c, Title “Mock Trial Roles”1) Write down your role2) Summarize what one does with validity

sheet

Murder Case 11-4) DA5-8) PD9-12) Witnesses

9) F: Defendant (text messager)10) F: Passenger (in car w defendant)11) M: Witness down the street12) ?: Crime scene investigator

Murder Case 213-16) DA17-20) PD21-24) Witnesses

21) M: Defendant (street racer)22) F: Girlfriend of victim 123) F: Wife of victim 224) ?: Crime scene investigator

Both Cases25-36) Jury (12) 37-39) Judge + clerks

Journ #25d, Title “Mock Trial Prep”1) What is the definition of murder?2) What is the definition of manslaughter?3) Summarize the info/advice on car-related manslaughter (back side)?4) Should texting w driving and/or street racing be murder or manslaughter?5) What are the “standard objections” that can be made in court? (2nd handout: focus just on objections)

5 Reading/Film Qs Come From These Work Sections

Pre-trialDiscovery: Gathering info from the witnesses.

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Post-VerdictSentencing and appeals

No Opener1) Decide if you are going for 1st, 2nd, 3rd degree 2) Prep witnesses3) Pick exhibits to use

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

MurderDA must prove beyond a reasonabledoubt the 1: defendant did the act & hadthe following mental thought (2: pink box)

1st Degree: Murder: Life

2nd Deg: Murder: 15 yrs

3rd Deg: Mans: 1-5yrs

Malicious intent (want to kill)

Implied malice intent

Gross Negligence

Broke law, but not

gross neg: under 1yrAccident:no penalty

Time Check: 15 minutesLawyers: Decide who is saying what, prep, pick exhibitsWitnesses: Ask your lawyers what they want from youJury: 15 minutes to relax (you will be taking notes later)Judge: Prepare your jury statement (summarize: 1, 2, 3)

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Post-VerdictSentencing and appeals

On a Separate Piece of Paper Title “Jury Notes (Only for Jury)”

Write down key information from judge, lawyers, and witnesses.

Lawyers Tips:Part points for objectionsYou are allowed to confer.All: EC for great acting

Case 1: People vs Janes1: 10mo Baby, 2: 17yr Female, 3: 1st Trimester Fetus

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Degrees of Murder:1: Intent 2: Implied Intent 3: Gross Negligence

Case 2: People vs Wooten1: 17yr Male, 2: 28yr Male, 3: Miscarriage (month later)

Mock Trial Structure1) Opening statement of DA2) Opening statement of PD3) Direct examination of DA’s witnesses4) Cross-examination by PD6) Direct examination of PD’s witnesses7) Cross examination by DA8) Closing argument by DA9) Closing argument by PD

Degrees of Murder:1: Intent 2: Implied Intent 3: Gross Negligence

Criminal SystemYou control the criminal system if you vote!

State Trial Judges

DA

Police

Voters Directly

Voters Directly

City Council Voters

State Laws State Legis. Voters

Criminal SystemYou control the criminal system if you vote!

State Trial Judges

DA

Sheriffs

Voters Directly

Voters Directly

Board of Supervisors

Voters

State Laws State Legis. Voters

Work #19a, Title “Mock Trial Appeal”

1) What does CA and other states say about unborn victims?2) Draft a oral argument using past precedent from CA (and persuasive cases from other states) for OR against the unborn being considered victims in our mock trial.

Mr. Chiang will RANDOMLY read a few out loud.

Court SystemCriminal appeals focus on debates over

the meaning/constitutionality of laws OR violation of procedural due process.

CA Supreme Court

CA Court of Appeals

CA Superior Court

US Supreme Court

US Circuit Court

US Dist. Court

14th Amendment (1868):All persons born or naturalized… are citizens of

the United States…Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person… equal protection of the laws.

a) Ppl born here are citizensb) States protect procedural+substantive DPc) States give everyone equal treatment

Reverse incorporation: 5th SDP say Fedmust give equal protection for all ppl too.

Notes #19a, Title: “Equal Protection Notes” 1) Equal Protection Clause (EPC): 14th says

states must treat everyone equally (14: Civil War). Reverse incorporated to also mean Fed must EPC (Bolling v Sharpe, 1954)

Brown v. Board I (1954) > Ricci vs. De Stefano (2009)Note: 14th A’s EPC only applies to state/local govs, notprivate biz, which is why Civ Rights Act of 64 used ICC

Notes #19a, Title: “Equal Protection Notes”

2) Gov Can Treat People Unequally - 3 Levels Test:1) Strict Scrutiny (Compelling Test) Applies to:Race, religion, political access, “fund. rights”Gov has to prove compelling gov interest, theaction is only way, and is most narrowly done.

2) Middle Tier Scrutiny (Important Test) Applied to:GenderGov has to prove important gov interest.

3) Minimal Scrutiny (Rational Test) applied to:Commercial activity, children’s rightsNeed to have a rational reason.

Work #19b, Title “Death Penalty”

1) Copy Source Title: Indep Lens

2…) Discuss questions on the board with a partner. Summarize your discussion (include their name at the end). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Work Sections

Workbook Check (100 Points): Make Sure:1) Name + Period written on cover

AND side of notebook2) Opener #s are highlighted3) Plastic bag inside back cover4) Schedule/syllabus inside front

Staple with the staples grappling in.

Back Table:1) Stack of

workbooks2) Stack of 4

Source HW3) Jury Only:

Stack of Jury Notes