The Judicial System. Equal Justice under Law Two basic types of law Criminal Law & Civil Law.
Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil...
-
Upload
salvador-clinton -
Category
Documents
-
view
231 -
download
1
Transcript of Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil...
Chapter 10Criminal Law and Procedure
2
Civil Law and Criminal Law
Major differences:
Civil (Tort) CriminalPreponderance Beyond Reasonable
Doubt
Damages Jail or Prison
Private (parties hire their own attorneys)
Public (Prosecutor represents community)
3
Felonies MisdemeanorsSerious crimes, punishable by Death or prison for more than one (1) year.
Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.
Classification of Crimes
o An act can have both civil and criminal consequences. (O.J. Simpson trials)
4
The Essentials of Criminal Liability
To be convicted of a crime, a person must:o Commit a guilty act (actus
reus).o Have the guilty mind or intent
(mens rea) during commission of the guilty act.
Crimes against People
o Homicideo Murdero Manslaughtero Negligent Homicide
o Other crimes against peopleo Assaulto Batteryo Child abandonmento Kidnappingo Rapeo Robberyo Stalking
5
Property Crimes
o Arsono Burglaryo Forgeryo Receiving Stolen Propertyo Shopliftingo Thefto Trespass
6
Parties to a Crime
o Principalo Person who commits a criminal act
o Accessory before the facto Person who assists in the
preparation of a crime, but does not participate in the crime itself
o Accessory after the facto Person who helps the principal
after the commission of the crime
7
8
Defenses to Criminal Liability
o Infancy (juvenile).o Involuntary Intoxication: is a defense if
person was incapable of understanding act.o Can’t be used as defense for charges
involving reckless behavior, but can be used as defense for crimes involving specific intent
o Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. (Model Penal Code)
o Mistake.o Duress.o Consent.
9
Defenses [2]
o Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone.
o Necessity: criminal act necessary to prevent greater harm.o Force is exerted by nature rather
than another person
10
Defenses [3]
o Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?
o Statute of Limitations.o Immunity.
11
Criminal Procedures
o U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.
o Criminal procedures are designed to protect against the arbitrary use of power by the government.
12
Criminal Process
G rand Jury D .A 's O ffice
Plea Barga inC h an g e o f P lea to G u ilty
T ria lP rosecu to r m u s t p rove
g u ilt b eyon d reason ab le d ou b t
S entenc ing
A rra ignm ent
Pre l im inary Hearing(D e te rm in es P rob ab le C au se)
In i tia l A ppearance(B e fo re Ju d g e)
A rres t(R eq u ires P rob ab le C au se)
Criminal Process
o Arresto Requires Probable Cause
o Search and Seizure of Evidenceo Search Warrantso Multiple Exceptions to
Requirement of Search Warranto Plain Viewo Exigent Circumstances
13
14
Fourth Amendment
o The Fourth Amendment protects against unreasonable search and seizures.
o No warrant for search or arrest can issue without probable cause.
Fifth Amendment
o No person shall…be compelled in any criminal case to be a witness against himself….
15
Sixth Amendment
o In all criminal prosecutions, the accused shall the enjoy the right to…have the assistance of counsel for his defense.
o Right to trial by impartial jury o For all federal criminal caseso For state criminal cases to
defendants who face possible incarceration of six months or more
16
17
The “Miranda” Rule
o Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights.
o The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).
o Exceptions to Miranda:o ‘Public Safety’.o Police are not required to ‘decipher’
suspects intentions.
Criminal Process con’d
o Preliminary Hearingo Information filed by DA
o Arraignmento Court informs the Defendants of
charges in the informationo Defendant answers the charges by
pleading guilty or not guiltyo Plea Bargainingo Nolo contendere plea
18