THE LEGAL SYSTEMMr. Geib and Mr. Fitz-Patrick

12th Grade Gov. and Econ.

April 15, 2023

"Better that ten guilty persons escape than that one innocent

suffer."English jurist William Blackstone

We Americans inherit a tradition of English common law…

Detention Versus Arrest• “Reasonable

suspicion” versus “probable cause”– You can deny

search with detention, not with arrest.

• Ticket versus taken for booking– Small violations,

versus

Arraignment• Judge and hearing

about sufficient evidence for charge.– Opportunity to post a

“bond” to “bail out” of jail until trial.

• Private attorney or PD• State “District

Attorney”) represents victim, not private attorney

The Trial• 97% plea bargain

rate.• Adversarial trial

system• “Voir dire” and “a

jury of your peers.”• Verdict

– Guilty, no contest, not guilty

– Hung jury, mistrial

Guilty beyond shadow of “reasonable doubt.”

“DOING YOUR TIME”• Sentencing• “Time served”• Probation and

misdemeanor– GPS “house arrest”

• Felony and parole• No federal parole!

– Federal versus state courts

Penitence? Recidivism?• Recidivism rate

– “Gibbons violation”• Punishment versus

drug counseling, job training, etc.– Grad school for

criminals?• Becoming

“institutionalized”