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Criminal Law

Explore various crimes, arrest procedures, legal hearings, indictments, trials, sentencing options, and appeal processes within the realm of criminal law. Gain insights into felony vs. misdemeanor distinctions and the purpose of punishment in the justice system.

marshallhsmith
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Criminal Law

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  1. Criminal Law Chapter 16 Section 2

  2. Types of Crimes • Murder- killing someone • Rape- forced sexual acts • Kidnapping- abduction of someone • Assault- physical harm to someone • Vandalism- destruction of property • Arson is with fire • Larceny- stealing property • Shoplifting is from a store • Robbery is from a person’s possession • Burglary is breaking in and stealing • Trespassing- being on someone else’s property

  3. Types of Crime cont • White Collar- nonviolent acts for personal gain ($) • Fraud- lyingto gain money • Tax Evasion- lying about or not paying taxes • Embezzlement- stealing money • Identity Theft- stealing someone’s identity • Victimless- acts that do not hurt another person (Ex. Drug Use or Gambling) • Government- acts that hurt the country (Ex. Terrorism, Treason or Espionage/Spying) • Misdemeanor- minor crime Felony- major crime

  4. Purpose • Make criminal pay for the offense • Protect society from the criminal • Warn others not to commit crimes (or they will face similar punishment) • Rehabilitate criminal to return to society

  5. Arrest • Suspect is arrested for committing crime • Suspect is taken to a police station and booked (charged), gives fingerprint and photograph (mug shot), and allowed to call a lawyer

  6. Hearing • Defendant is taken to court and the prosecution must show probable cause the suspect committed the crime • The judge either: • sends the defendant back to jail (without bail) until the trial • sets bail for the defendant (if they pay they leave until trial, if not they stay in jail until trial) • releases the defendant without bail until trial

  7. Indictment • Using a grand jury to formally charge the defendant with the crime • Only used in some felony cases

  8. Arraignment • Defendant appears in court and is formally presented with the charges • Defendant is given a lawyer if he/she cannot afford one (public defender) • Defendant must enter a plea of either: • Not guilty- the case continues • Guilty- the case stops and the judge determines punishment • No contest- does not admit guilt, but the case stops and the judge determines punishment

  9. Pre Trial • Lawyers check facts, gather evidence, and interview witnesses • Plea Bargaining- pleading guilty to a lesser crime for a lesser punishment and avoid trial • Subpoena- document requesting someone appear in court

  10. Jury Selection • Lawyers impanel (select) 12 jurors • Residents are randomly called for jury duty and lawyers pick from the group • Either side can dismiss jurors for any reason

  11. Trial • Lawyers for each side make opening statements outlining the case • Prosecution presents its case, then the defense presents its case • Each side may present evidence and witnesses • Testimony- answers given under oath • Cross-examine- after a witness testifies for one side, the other is allowed to ask questions (in hopes to show they are not being truthful)

  12. Trial cont • Perjury- lie under oath • Each side presents closing arguments detailing why they are the truth • Bailiff- sheriff keeping order in the courtroom • Contempt of Court- anything to hinder the trial, you can be held in jail

  13. Deliberation • Jurors deliberate in secret with no time limit to unanimously decide whether the defendant is guilty or not • Prosecution must convince jurors the defendant is guilty “beyond a reasonable doubt” (99.9% sure, if not must vote not guilty)

  14. Deliberation cont • Sequestered- keeping the jury away from the public • Hung Jury- jury that cannot reach a verdict (must have a retrial) • Acquittal- not guilty vote and defendant is released • If the jury votes guilty the defendant will be sentenced

  15. Sentencing • Each case is unique and judges make different sentences for similar crimes (considers family life, criminal record, etc.) • Victims are usually allowed to make statements to the judge

  16. Types of Sentences • Probation- supervised release • Suspended Sentence- sentence that can be served in parts over a period of time • Home Confinement- serve sentence at home • Monetary Sentence- pay damages (restitution) • Work Release- allowed to work but must return to prison at night and weekends • Imprisonment- confined to prison to serve sentence • Death- sentenced to die • Parole- early release from prison with restrictions (meeting with parole officer until sentence expires)

  17. Appeal • Nearly all cases are appealed to a higher court if rights were violated

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