PA 101 Unit 7 Prof. Emily Ryan

1. PA 101 Unit 7Prof. Emily Ryan

2. Branches of law: • Criminal • Wrongs against the state. • Civil • Private injury, mediated by state. • Administrative • Law of administrative or regulatory agencies.

3. Categories of crimes • Varies from state to state. • Crimes classified by severity of penalty. Typical: • Violations/summary offenses • Misdemeanors • Felonies • Murder

4. Criminal vs. Civil:

5. Principles of criminal law: • Crime involves: a legally proscribed conduct, that causes harm which coincides with blameworthy frame of mind and carries with it punishment.

6. Conduct: • Actus reus: • “Bad act” • Voluntary behavior • Can include failure to act • Can include attempts

7. Frame of mind: • Mens rea • “Guilty mind” (intent) • Exceptions: • Strict liability • Unintended consequences of intentional act • Transferred intent • More serious harm

8. Due Process: • 5th and 14th Amendments • Guarantee due process protection. • 4th Amendment • Protects against unreasonable searches and seizures. • 5th Amendment • Protection against self-incrimination and double jeopardy.

9. Due Process: • 6th Amendment: • Right to counsel and fair trial • 8th Amendment: • Protection against excessive bail, excessive fines, cruel and unusual punishment.

10. The Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

11. Searches and SeizuresWith a Warrant: Probable cause for a search warrant requires substantial and trustworthy evidence to support two conclusions: That the specific objects to be searched for are connected with criminal activity; and, That the objects will be found in the place to be searched.

12. Searches and SeizuresWith a Warrant: • The Fourth Amendment requires that a search warrant contain a particular description of the place to be searched and the person or things to be seized. • Search warrants are required to be executed in a reasonable amount of time, and in some jurisdictions during certain hours of the day.

13. Searches and SeizuresWith a Warrant: Generally, before law enforcement officers may enter a place to conduct a search, they must first announce that: • They are law enforcement officers, • They possess a warrant, • And, they are there to execute the warrant.

14. Searches and SeizuresWith a Warrant: If in the course of conducting a legal search, officers discover contraband or evidence of a crime not covered by the warrant, they may seize it without getting a new warrant.

15. Arrests With a Warrant: • Generally, an arrest warrant is legally required when law enforcement officers want to enter private premises to make an arrest. • An arrest warrant is issued if substantial and trustworthy evidence supports two conclusions: • A violation of the law has been committed. • The person to be arrested committed the violation.

16. Searches and SeizuresWithout a Warrant: The Supreme Court has allowed warrantless searches in some circumstances: • Incident to an arrest, police may search the area within the suspect’s immediate control, including an automobile, and may seize contraband or evidence in plain view. • In emergency situations. • If a suspect consents to a search.

17. Arrests Without a Warrant: Officers may enter a private home to make a warrantless arrest only if the offense is serious and there are exigent circumstances, such as: • Likely disappearance of the suspect • Hot pursuit

18. 5th Amendment: • Miranda v. Arizona (1964): • Must inform of rights before interrogation. • Exceptions: • Immediate threat to public safety • Double jeopardy: • Cannot be tried twice for same offense

19. Sixth Amendment • Right to counsel: Gideon v. Wainwright (1963) • Right to counsel extended to state court. • Right to speedy, public trial. • Right to trial by impartial jury. • Not jury of “peers” – cross section of community.

20. Eighth Amendment • Excessive bail cannot be imposed: United States v. Salerno and Cafero (1987). • Preventive detention permissible. • No excessive fines.

21. Eighth Amendment: • No cruel and unusual punishment: • Death penalty (DP) not unconstitutional • 1972 – Furman v. Georgia - DP being applied in arbitrary manner. DP suspended. • 1976 – Gregg v. Georgia – reinstated DP w/new procedures. • 1987 – McCleskey v. Kemp – To claim discrimination in DP case, have to show proof of racial bias in specific case.

22. Unit 7 Paper Format: • Provide a college heading for the paper. • Number the paper down the left side. • Be sure to use proper spelling and grammar. • !!!NEVER!!! Copy from a source.

23. Next: • Click on and watch the first clip – To Kill a Mockingbird • Decide if the case depicted in the movie clip is being heard in Civil Court or Criminal Court • You might have difficulty deciding which Court so feel free to conduct outside research • Remember DO NOT copy from any source – all work must be in your own words • Be sure to provide a reference citation for any source used.

24. Content: • Write at least 1 thorough paragraph justifying why you placed the case in that court system. • Use as many legal terms in your justification as applicable. • DO NOT just reiterate the clip. This will not earn points. • You will earn points for your justification demonstrating your new legal terminology knowledge.

25. Julie Dennis PA 101 1/1/11 Unit 7 Paper • Name of movie –(be sure to capitalize appropriately) –Court System (civil or criminal). Provide at least 1 thorough paragraph explaining why you placed this case in either civil or criminal court. • Name of movie –(be sure to capitalize appropriately) –Court System (civil or criminal). Provide at least 1 thorough paragraph explaining why you placed this case in either civil or criminal court. • Follow this format for ALL 6 documents. • Provide a reference citation for all sources used