CECsst.251


TITLE:  From Arrest to Appeal:
        A Simplified Presentation of the Criminal Justice
        System

AUTHOR:  Ted Foster, Sequoyah High School, Claremore, OK

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.   Accused may plead guilty or not guilty.

F.   Trial
     1.   Sixth amendment guarantees a speedy trial (in
          most states after 120 days, a defendant goes
          free.)
     2.   Trial by Jury (12 persons constitute a jury)
     3.   Trial is normally public.

G.   Verdict
     1.   Not guilty-defendant goes free.
     2.   Guilty-judge passes sentence.

H.   Sentencing-is by the judge except in cases of murder
     and rape where jury determines the sentence.

I.   Appeal -- A person not satisfied with the justice the
     court has dispensed may attempt to correct the
     situation.
     1.   Appeals court hears evidence (three judges)
          a.   May affirm (uphold)
          b.   Reverse (nullify trial court results)
          c.   Remanded (sent back to trial court to be
               redone)

J.   Pardon and Commutation
     1.   Pardon -- by governor (state) or by President
          (federal crimes)
     2.   Commutative -- (shortening of sentence)

SUGGESTED ACTIVITIES:
1.   Mock Trial
2.   Debate over Miranda rule
3.   Field trip to court proceedings
4.   Guest speakers by local attorney or judge
5.   A good place for video is the court channel found on
     most cable systems.