Unit+3

What are the constitutional rights of those accused of commiting a crime? 11/8/11

 * ** the right to a faitrand speedy trial **
 * ** the right remain silent **
 * ** the right to a laywer **


 * **right to confront your accuser**
 * **right to be freefrom unreasonable searches**
 * **right to be free from excessive bail**
 * **innocent until proven guilty(due process of law)**


 * Steps of the Criminal Justice Process **
 * 1) ** Crime: Law officials observes criminal activity and are notified by a victim or bystander. **
 * 2) ** Investigation: Law officers investigate by collecting physical evidence, and by questioning witnesses. **
 * 3) ** Arrest: Law officials put the accused into custody, awaitning a spare trial. **
 * 4) ** Charges: When a law officer informs the prossecuter about what the criminal is accused for. **
 * 5) ** Intial Appearence: the accused is brought to a judge right away. At this time, the judge, "determines if there is a probable cause for the suspect to be detained." **
 * 6) ** Arraignment: After all information has been given ti the court, the judge tells the suspect what he/she is being charged for, and thier consitutional rights. ( the right to a fair trial, for example) **
 * 7) ** Grand Jury: the grand jury is a group of peole who look at the evidence from the case, dealing with felonies( murder, assult)l, and they decide of the suspect should go to trial. With misdemenors( smaller crimes punishable for less than a year), there is usually no grand jury. **
 * 8) ** Plea Negotiations: This stage in the crime is where the prosecutor, and defense make a deal. Here the dendant pleads guilty, and the prosecutor agrees to take off certain charges. **
 * 9) ** Trial: this is where the prosecutor tries to prove the defendant guilty with evidence, to the jury, judge,or both,(depending on the case, wheter it is a jury trial, or a bench trial //with just the judge//). Then defense tries to prove the gov( prosecutor) wrong so that his client can be free from charges. The jury decised guilty if they think thst every point in the crriminal's charges haqve been prven by the gov. **
 * 10) ** Verdict: The verdict is the descion made by the jury after looking at all the evidence form each side of the case. The jury discusses their descion privately with the other memebers of the jury. They are not allowed to disscuss it with anyone but them at the appropriate time. In criminalk cases, there are usually 12 memebers. **
 * 11) ** Sentencing: If the jiury says that the susect is guilty, then the court decides the punishmen, or charges. Ususally the descion is made by the judge. but the jury decides in certain cases. Punishemnets may be light or harsh, and they may include:fines, restitution, probation, or incareceration. **
 * 12) ** Appeal: This is the step where the defendant who has been foubd guilty can go and request a higher cout. ( like a do over) **
 * 13) ** Parole: Under parole, a covict who is serving time can be release, before serving a ful sentence. This only applies if the criminal is on good behavior, and is within the special conditions. **
 * ** Were there any steps that you ddin't know about? What were they? **
 * I didnt know about plea negoitions, before, and for the rest of them ****, I knew **
 * the jist about them. **
 * ** the rights of the accused are being protected in the arraingment, and the rights of the victims re being protected throughout the whole thing, in my opinion . The whole point of a  **
 * trail is to give justice for the victim. **
 * trail is to give justice for the victim. **

I thought the trip to the court house was really fun because I have never been to one, or ever seen one up close. I loved having my Daddy come along. too. That was really fun, too because he love law just like I do. <3 Before the trip, I believed that T.L.O.'s rights were not violated because in the fourth amendment it states," unreasonable searches without unreasonablecause ". T.L.O.'s rights weren't violated because the vice principal had a reason to search her bag because he received a tip from a teacher that she saw the girls smoking. This was the 'probable cause". When T.L.O. was questioned, she lied about the cigarettes, then the VP had even more reason to search, becasue if she lied about the cigarettes, then what else did she lie about?

From this trip, I learned more about what a lawyer actually does, by pretending to be one, (which was a lot of fun!). It was fun to go through the process of gathering evidence and talking to the judge-it was so cool, becasue I never got to do this before. I was also really happy that I got to be the attorney. (How could i fight for T.L.O?) I can't wait till the mock trial so I can do it again!


 * Do Now 12/8/11 **


 * I am in the middle, because if the crime is big enough, then I feel like capital punishment is appropriate. But i dont like an eye for an eye. But if the punishment doesn't fit the crime, then no. **
 * Pro death penalty: **
 * ** Source ** || ** What arguments are presented in favor of capital punishment? ** || ** What values or beliefs guide these arguments? What evidence is used to support the arguments? ** || ** Do you find these arguments persuasive? Why or why not? ** ||
 * Mike Brandbury || murders need to be punished || their action are unhumane and unforgivable || yes! what gives them the right to kill someone? ||
 * Mike Brandury || it keepos people from comminting crimes || studeis show people dont experiment with drugs, becasue they dont want to go to jail || somewhat, becasue i understand the drug example, but people are always going to commit crimes. It will never stop. If people cared about the consequences, then people wouldn't be killed,and crimes wouldn't be commited. ||

**Anti-Death Penalty Chart**


 * **Source** || ** What arguments are presented against capital punishment? ** || **What values or beliefs guide these arguments? What evidence is used to support the arguments?** || **Do you find these arguments persuasive? Why or why not?** ||
 * Jermy Ions || doesnt reduce crime rates || people say that the death penalty will reduce crime rates || yes, becasue this may end one crime, but other people are going to commit crimes. ||
 * Jermy Irons || abuses two of our basic natural rights || john locke's natural rights || yes, becasue everyone gets natural rights no matter what ||
 * Jermey Irons || evryone is still a human being || john locke's natural rights || yes, because this is absolutley true. We are all equal human beings, and we should all have the same equal natural rights. ||
 * ACLU || the death penalty is a waste of taxpayers money abd has no public safety benifit. || this only boithers people, esp. children (happens in public) also, it doesnt reduce the crime rates at all. In fact more policemen were hired. || honestly, i don't really understand the tax part. But the children\public absolutely because the people should come first. ||
 * ACLU || Capital punishment wastes limited resources || we need as many lawyers and officials as we can get!!! || yes, becasue we should use a re limited resources for more nimportant things. ||


 * Evaluate: I think the capitol punishment goes under the ones where the crime would not be committed by the same person again, because if that punishment goes to them, then they will definitely not be doing the crime again. I feel like capitol punishment should be banned, because everyone has natural rights, and if we do capitol punishment, then we are taking those rights away. But i feel like we shouldn't becasuse nobody has the right to kill someone else. **


 * 12/8 **
 * OpEd **
 * When it comes to the death penalty, I am not on one side. I am in the middle becasue I don't believe in eye for an eye and I feel that that will only make things worse because many more people will die. Also, what if someone is innocent? **
 * They shouldn't have to die for nothing. According to ACLU, " ** **Since 1973, over 138 people have been released from death rows in 26 states because of innocence". This statistic is very sad, but at least they didn't have to die. If more states have the death penalty, then this statistic could go up, which is unfair to the innocent.**

**On the other hand, no one has the right to kill anybody else. Yes, there are other ways of making it so that the crime will most likely not happen agian, but with capitol punishment, we can guarantee this, and the criminal won't kill anyone else.**
 * Also, if we continue to enforce capitol punishment, then it may make people not commit murder, because they are scared of the consequence. According to Mike Bradbury, studies show that some people didn't experiment with drugs, because they were afraid of the consequences. There are strong reasons for both sides, so I still don't know which side to be on. **

do now: guantanamo bay things i know already
 * terrist prison
 * obama wanted to close it down,but it wont work becasue no one wants to take them in as new inmates[[file:Supreme+Court+Hears+Guantanamo+Case.docx]]



I think that gusantsmono bay should be in the control of of the us becasue theycreated it, so they should own it. I dont htink that they should get rights either, they killed A//mericans. Why should they get our rughts?//