Criminal Law and Procedure. Chapter 4. Crime. A punishable offense against society. So if you commit a crime, it is the intention of the court to catch and punish you. Punishment is not made to remedy the wrong, but rather to discipline the wrongdoer. Elements of a Crime.
Criminal Law and Procedure
A punishable offense against society. So if you commit a crime, it is the intention of the court to catch and punish you.
Punishment is not made to remedy the wrong, but rather to discipline the wrongdoer.
The lawyer must prove these 3 things regarding your behavior:
That you were aware of your duty to do or not to do a certain thing
Whether you performed an act or omission in violation of that duty
Whether or not you had criminal intent
Read “What’s Your Verdict” on page 65
Felony (more serious) punishable by jail time of more than one year in a state prison, or by a fine of $1000 or more, or BOTH.
Misdemeanor (less serious) punishable by jail time of less than one year in a county or city jail, or fine, or BOTH
Courts tend to be more lenient with these because there is no physical harm done
Punishments are typically fines or short prison terms
Check textbook (pages 68-70 for more information)
Page 71 “What’s Your Verdict?”
It is a question of Probable Cause – a reasonable ground for belief
Right to a lawyer
To be convicted the evidence must establish guilt “beyond a reasonable doubt”
Trial by Jury
If you knowingly aid a criminal (act as lookout, or help plan the crime), even if you don’t perform the act you can be found guilty as if you committed the crime yourself.
Businesses – employees and managers
Procedural- problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished.
Substantive- disprove, justify, or excuse the alleged crime. (Self-Defense, criminal insanity, and immunity are examples)
What’s Your Verdict – page 72
In This Case – page 73
Self Defense - page 73
Judge declares I will hold you in contempt
Means your actions are hindering the administration of justice
Crime punishable by imprisonment
An agreement to confess to a less serious crime
Why would you do this?