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Crime Doesn’t Pay or Rachel’s Funny Money

AT THE MALL

Rachel is at Lynnhaven Mall and hands the clerk a $100 bill for the Christmas gift she is buying. She gets her change, shops at a few more stores and walks to her car. In the parking lot, she is approached by a police officer who accuses her of using counterfeit money. The officer had seen the store video of Rachel handing the clerk the phony $100 bill, so the officer has probable cause to arrest Rachel for counterfeiting and take her to jail. Rachel remembered from her Civics class that the 5th amendment to the Constitution guarantees due process to people accused of a crime. She knows that the police have to follow certain steps to make sure her rights are protected. She also knows the 6th amendment guarantees her right to legal counsel, so she calls her lawyer. Her lawyer tells her that the court set her bail at $50,000. Rachel doesn’t want to stay in jail until her trial, so she pays the bail and goes home. She knows she will get the money back when she shows up for her trial.

AT HOME

When Rachel walks in her door, the police are there with a search warrant. They are looking for evidence related to her charge of counterfeiting. She texts her lawyer with this news and he calls her back with more news. Rachel has to appear in court next week for her arraignment. At the arraignment, Rachel will be formally charged and will have to decide if she wants to enter a plea of “guilty” or “not guilty.” She does some research on the internet and finds out that counterfeiting is a federal crime and not a state crime. That means that the federal government has jurisdiction over the case. She will have to appear in a U.S. District court and she will be prosecuted by U.S. Government.

IN COURT

At the arraignment, Rachel gets the horrible news –she is being charged with a felony! That is much more serious than the misdemeanor charge she was hoping for and could result in a harsher sentence. If Rachel was under the age of 18, she would be considered a juvenile and the courts might go easier on her. However, Rachel is 22 years old and she could spend 15 years in jail if she is found guilty. Her lawyer advises her to plead “not guilty” since he thinks she has a good chance of winning her case. The judge sets her trial date for March 21, and gives her a subpoena that requires her to come back to court then.

AT THE TRIAL

Rachel’s case is a criminal case since she is being charged with a crime. She is the defendant and the U.S. government is the prosecution. In the courtroom she recognizes the judge, several lawyers, and the 12 members of the jury. She wants to make a great impression on the jury since they will be deciding the outcome of the case. The trial carries on for several long days, and finally the jury reaches its verdict. Guilty!! Rachel must go to jail and wait to find out her sentence. Will it be 15 years in jail??

But Rachel’s story is not over. She and her lawyer feel that her rights were violated during the trial and she wants to appeal her case. If the appeals court agrees that her rights were violated, they may overturn the lower court’s (U.S. District Court) decision and Rachel might not have to stay in jail.

Be sure to pay attention in Civics class to find out what happens to Rachel next.

Crime Doesn’t Pay or Rachel’s Funny Money

AT THE MALL

Rachel is at Lynnhaven Mall and hands the clerk a $100 bill for the Christmas gift she is buying. She gets her change, shops at a few more stores and walks to her car. In the parking lot, she is approached by a police officer who accuses her of using counterfeit money. The officer had seen the store video of Rachel handing the clerk the phony $100 bill, so the officer has probable cause to arrest Rachel for counterfeiting and take her to jail. Rachel remembered from her Civics class that the 5th amendment to the Constitution guarantees due process to people accused of a crime. She knows that the police have to follow certain steps to make sure her rights are protected. She also knows the 6th amendment guarantees her right to legal counsel, so she calls her lawyer. Her lawyer tells her that the court set her bail at $50,000. Rachel doesn’t want to stay in jail until her trial, so she pays the bail and goes home. She knows she will get the money back when she shows up for her trial.

AT HOME

When Rachel walks in her door, the police are there with a search warrant. They are looking for evidence related to her charge of counterfeiting. She texts her lawyer with this news and he calls her back with more news. Rachel has to appear in court next week for her arraignment. At the arraignment, Rachel will be formally charged and will have to decide if she wants to enter a plea of “guilty” or “not guilty.” She does some research on the internet and finds out that counterfeiting is a federal crime and not a state crime. That means that the federal government has jurisdiction over the case. She will have to appear in a U.S. District court and she will be prosecuted by U.S. Government.

IN COURT

At the arraignment, Rachel gets the horrible news –she is being charged with a felony! That is much more serious than the misdemeanor charge she was hoping for and could result in a harsher sentence. If Rachel was under the age of 18, she would be considered a juvenile and the courts might go easier on her. However, Rachel is 22 years old and she could spend 15 years in jail if she is found guilty. Her lawyer advises her to plead “not guilty” since he thinks she has a good chance of winning her case. The judge sets her trial date for March 21, and gives her a subpoena that requires her to come back to court then.

AT THE TRIAL

Rachel’s case is a criminal case since she is being charged with a crime. She is the defendant and the U.S. government is the prosecution. In the courtroom she recognizes the judge, several lawyers, and the 12 members of the jury. She wants to make a great impression on the jury since they will be deciding the outcome of her case. The trial carries on for several long days, and finally the jury reaches its verdict. Guilty!! Rachel must go to jail and wait to find out her sentence. Will it be 15 years in jail??

But Rachel’s story is not over. She and her lawyer feel that her rights were violated during the trial and she wants to appeal her case. If the appeals court agrees that her rights were violated, they may overturn the lower court’s (U.S. District Court) decision and Rachel might not have to stay in jail.

Be sure to pay attention in Civics class to find out what happens to Rachel next.

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