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TALKING POINTS OUTLINE for 9TH-10TH GRADE - 1

Leading students to understand the role of lawyers in the criminal justice system - Part 1

TALKING POINTS OUTLINE
"FROM THE COURTROOM TO THE CLASSROOM"
FOR 9TH GRADE

ECONOMIC, LEGAL AND POLITICAL SYSTEMS CLASS
FOR 10TH GRADE
CIVICS/ECONOMICS CLASS

Theme: The North Carolina Criminal Justice System

Focus: Leading students to understand the role of lawyers in the criminal justice system

Time: 50-75 minutes

THE CRIMINAL JUSTICE SYSTEM

I. CRIMINAL PROCESS

A. Arrest by Police

1. Search and seizure -- 4th Amendment

2. Miranda warnings -- 5th Amendment

B. Defense Counsel

1. Privately retained

2. Indigent right to appointment of counsel -- 6th Amendment

C. Arraignment

1. Bond hearing

2. Conditions of release

D. Grand Jury -- 5th Amendment

1. Composition

2. Prosecutor submits case

3. No defense counsel present

4. Indictment

5. No true bill

E. Discovery

II. PROSECUTION OF CRIMINAL CASE

A. Motion to dismiss indictment

B. Motion to suppress evidence

C. Plea bargaining

D. Trial by jury -- 6th Amendment

1. Jury selection and composition

2. Opening statements

3. Direct and cross of prosecution witnesses and evidence

4. Direct and cross of defense witnesses and evidence

5. Closing arguments

6. Jury charge and deliberation

7. Unanimous verdict

III. SENTENCING

A. Sentencing guidelines and pre-sentence report

1. Probation

2. Fine

3. Imprisonment

4. Capital punishment

B. Sentencing hearing

1. Presentation of evidence

2. Arguments of counsel

3. Allocution by defendant

4. Entry of sentence

IV. DISTINCTIONS BETWEEN STATE AND FEDERAL CRIMINAL LAW

V. DISTINCTIONS BETWEEN CRIMINAL AND CIVIL LAW


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