The fifth-grade students in Paula Schubert’s class at Carpenter Elementary School in Lake Orion have been learning about the US Constitution and their constitutional rights, and they recently had a visitor who helped shed some light on how those things apply to real life situations.
Oakland County prosecuting attorney Cindy Brown visited the class on Nov. 12, to talk about due process of law and citizens? constitutional rights. Brown, who is from Detroit, has been working for four years in Oakland County, assigned to the child sexual assault unit.
‘I’ve been to Novi High School a few times to talk to the kids, but this is my first time visiting an elementary school,? Brown said.
Brown talked about a citizen’s rights in the criminal system, and how the due process clause of the U.S. Constitution comes into play.
‘If you shoot a basket in basketball, but you don’t actually see the ball go in, you don’t get those points…it’s the same with due process,? she explained.
Brown used the scenario of a stolen bicycle to show how a crime goes from the investigation stage to actually being decided in court. She explained that before being taken into custody, a suspect would have to have their Miranda Rights read to them.
‘Miranda Rights are those rights protected under the fifth amendment to the constitution,? she said. ‘But they don’t come into play until someone’s in custody.?
Brown said her job was to ‘enforce the laws in the courtroom.?
‘We have to find probable cause, in other words, have some idea that someone did something, in order to be able to take them into custody,? she said.
Brown said there are two kinds of warrants, including a search warrant, which gives law enforcement access to search someone’s home.
‘But what about your body?? she asked the students. ‘Can an officer just walk up to you and pat you down??
Brown said, since someone could be carrying a gun or a knife, or even evidence, the officer has to pat them down for safety.
Oakland County Sheriff’s Department Deputy Vida, also on hand to assist Brown with the lesson, told the students how he would conduct an investigation, including interviews and establishing chronological order.
‘If you’re just a witness to a crime, you don’t have that (Miranda Rights),? Brown explained. ‘Only if you are being investigated.?
One of the students asked what would happen if someone lied in court.
‘That’s called perjury, and you can get 10 years in prison for it in the State of Michigan,? said Brown. ‘We’re in court to find the truth…that’s why there’s the due process clause. It’s an even playing field.?
‘If you lie, can they give you a lie detector test,? asked Molly, one of Schubert’s students.
Brown said someone can’t be forced to take a lie detector test.
‘You can’t be made to take one,? she said.
Brown said that in order for a crime to go from the investigation stage to actually being decided in the courtroom, it goes through the prosecutor’s office, where she works.
‘If someone was not read their Miranda Rights and then confessed, do you think it would come in (in court), or would it be like a foul (in basketball)?? she asked. ‘If you don’t follow those rules, whatever comes out of that doesn’t come in (court). We have to follow the rules like everyone else.?
Brown said a defendant only has a right to a lawyer if it’s a criminal case, not a civil infraction case, like if someone was caught speeding.
‘A criminal case means you can go to jail, not just get a fine like in a civil case,? she said. ‘There is a trial…Do you know how you get picked for jury duty??
Brown told the students that you had to be 18 years of age to be chosen for jury duty, and that you were chosen by your driver’s license.
‘In a murder trial, there are 12 jurors…in a misdemeanor case, there are six,? she said. ‘Like if you stole a candy bar from a store…that would be a misdemeanor.?
The dividing line between something being a felony and a misdemeanor, Brown said, was the amount of time spent in jail.
‘For a misdemeanor, it has to be that you can only go to jail for up to a year,? she said. ‘Can I go back to the beginning and start to prosecute someone for the same thing??
Brown explained that was called double jeopardy, and that as part of the due process clause it was illegal.
‘You can’t prosecute someone twice for the same crime,? she said. ‘But if they are guilty the first time and they are sentenced, they can appeal.?
‘If someone committed murder, couldn’t they go to jail or get the death penalty?? asked Christopher, a student.
‘Not in the State of Michigan,? Brown said. ‘Here you get life without parole.?