1. Chapter 10 Criminal Law and Procedure

2. 2 Civil Law and Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail or Prison Private (parties hire their own attorneys) Public (Prosecutor represents community)

3. 3 FeloniesMisdemeanors Serious crimes, punishable by Death or prison for more than one (1) year. Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines. Classification of Crimes o An act can have both civil and criminal consequences. (O.J. Simpson trials)

4. 4 The Essentials of Criminal Liability To be convicted of a crime, a person must: o Commit a guilty act ( actus reus ). o Have the guilty mind or intent ( mens rea ) during commission of the guilty act.

5. Crimes against People o Homicide o Murder o Manslaughter o Negligent Homicide o Other crimes against people o Assault o Battery o Child abandonment o Kidnapping o Rape o Robbery o Stalking 5

6. Property Crimes o Arson o Burglary o Forgery o Receiving Stolen Property o Shoplifting o Theft o Trespass 6

7. Parties to a Crime o Principal o Person who commits a criminal act o Accessory before the fact o Person who assists in the preparation of a crime, but does not participate in the crime itself o Accessory after the fact o Person who helps the principal after the commission of the crime 7

8. 8 Defenses to Criminal Liability o Infancy (juvenile). o Involuntary Intoxication: is a defense if person was incapable of understanding act. o Can’t be used as defense for charges involving reckless behavior, but can be used as defense for crimes involving specific intent o Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. (Model Penal Code) o Mistake. o Duress. o Consent.

9. 9 Defenses [2] o Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone. o Necessity: criminal act necessary to prevent greater harm. o Force is exerted by nature rather than another person

10. 10 Defenses [3] o Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? o Statute of Limitations. o Immunity.

11. 11 Criminal Procedures o U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. o Criminal procedures are designed to protect against the arbitrary use of power by the government.

12. 12 Criminal Process

13. o Arrest o Requires Probable Cause o Search and Seizure of Evidence o Search Warrants o Multiple Exceptions to Requirement of Search Warrant o Plain View o Exigent Circumstances 13

14. 14 Fourth Amendment o The Fourth Amendment protects against unreasonable search and seizures. o No warrant for search or arrest can issue without probable cause.

15. Fifth Amendment o No person shall…be compelled in any criminal case to be a witness against himself…. 15

16. Sixth Amendment o In all criminal prosecutions, the accused shall the enjoy the right to…have the assistance of counsel for his defense. o Right to trial by impartial jury o For all federal criminal cases o For state criminal cases to defendants who face possible incarceration of six months or more 16

17. 17 The “Miranda” Rule oMiranda v. Arizona (1966) required police to inform suspects of their constitutional rights. o The Supreme Court upheld Miranda in Dickerson v. U.S. (2000). o Exceptions to Miranda: o ‘Public Safety’. o Police are not required to ‘decipher’ suspects intentions.

18. Criminal Process con’d o Preliminary Hearing o Information filed by DA o Arraignment o Court informs the Defendants of charges in the information o Defendant answers the charges by pleading guilty or not guilty o Plea Bargaining o Nolo contendere plea 18