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Criminal Law

Criminal Law. Chapter 16 Section 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

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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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