Criminal law and procedure
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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.

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Criminal law and procedure

Criminal Law and Procedure

Chapter 4


Crime

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

Elements of a Crime

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


Elements

Elements

  • Everyone has a DUTY to know the law and act accordingly. So the lawyer prosecutes based on a certain statute.

  • They then prove you violated or BREACHED your duty.

  • Then they must prove that you

    • Intended to commit the act

    • Intended to do evil (Falling versus punching)


Example

Example

Read “What’s Your Verdict” on page 65


2 types of crimes

2 types of crimes

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


Business related crimes or white collar crimes

Business Related Crimes or White Collar Crimes

Courts tend to be more lenient with these because there is no physical harm done

Punishments are typically fines or short prison terms


Crimes

Crimes

  • Larceny – theft, burglary

  • Receiving Stolen Property

  • False Pretenses - fraud

  • Forgery

  • Bribery

  • Computer Crime

  • Extortion

  • Conspiracy

  • Arson

Check textbook (pages 68-70 for more information)


Criminal procedure

Criminal Procedure

Page 71 “What’s Your Verdict?”

It is a question of Probable Cause – a reasonable ground for belief


Your rights in a criminal case

Your Rights in a Criminal Case

Right to a lawyer

To be convicted the evidence must establish guilt “beyond a reasonable doubt”

Trial by Jury


Knowingly aiding

Knowingly aiding

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


What defenses do you have

What defenses do you have?

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


Contempt of court

Contempt of Court

Judge declares I will hold you in contempt

Means your actions are hindering the administration of justice

Crime punishable by imprisonment


Plea bargaining

Plea Bargaining

An agreement to confess to a less serious crime

Why would you do this?


Assignment

Assignment

  • Read pages 75-78

  • What are the procedures for a criminal trial? Outline of the procedures

    • Pre-trial Criminal Procedure

    • Preparations for Trial

    • Procedure at Trial


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