1. PA 106 -- Kaplan University1 PA 106 – Unit 3

2. Civil and Criminal Law Major differences: PA 106 -- Kaplan University2 Civil (Tort)Criminal Preponderance Beyond Reasonable Doubt Damages Jail or Prison Private (parties hire their own attorneys) Public (Prosecutor represents community) May be liable for civil damages

3. Classification of Crimes An act can have both civil and criminal consequences. (O.J. Simpson trials) PA 106 -- Kaplan University3 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.

4. The Essentials of Criminal Liability To be convicted of a crime, a person must:  Commit a guilty act (actus reus).  Have the guilty mind (mens rea) during commission of the guilty act. PA 106 -- Kaplan University4

5. Types of Crimes Violent Crimes.  Murder, sexual assault, rape, robbery. Property Crimes.  Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery. PA 106 -- Kaplan University5

6. Assault and Battery  In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm.  Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two. PA 106 -- Kaplan University6

7. Burglary and Robbery  Burglary is typically defined as the unlawful entry into almost any structure (not just a home or business) with the intent to commit any crime inside (not just theft/larceny). No physical breaking and entering is required; the offender may simply trespass through an open door. Unlike robbery, which involves use of force or fear to obtain another person's property, there is usually no victim present during a burglary.theft/larcenyrobbery PA 106 -- Kaplan University7

8. Manslaughter  Manslaughter is an unintentional killing that results from recklessness or criminal negligence  The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.voluntary manslaughter PA 106 -- Kaplan University8

9. Manslaughter  For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian. PA 106 -- Kaplan University9

10. Murder  In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim.  For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of the house, Dan shoots and kills him. PA 106 -- Kaplan University10

11. Arson  Under the criminal law of most states, arson is committed when a person intentionally burns almost any kind of structure or building, not just a house or business. Many states recognize differing degrees of arson, based on such factors as whether the building was occupied and whether insurance fraud was intended. PA 106 -- Kaplan University11

12. Defenses Self-Defense of People and Property: use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone. Necessity: criminal act necessary to prevent greater harm. PA 106 -- Kaplan University12

13. Defenses Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? Statute of Limitations. Immunity. PA 106 -- Kaplan University13

14. Criminal Procedures U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. Criminal procedures are designed to protect against the arbitrary use of power by the government. PA 106 -- Kaplan University14

15. Fourth Amendment The Fourth Amendment protects against unreasonable search and seizures. No warrant for search or arrest can issue without probable cause. PA 106 -- Kaplan University15

16. Exclusionary Rule Evidence obtained in violation of Constitutional amendments is excluded from trial. Purpose is to deter police from warrantless searches, seizures and misconduct. “Inevitability” and “good faith” are exceptions to the rule. PA 106 -- Kaplan University16

17. The “Miranda” Rule Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights. The Supreme Court upheld Miranda in Dickerson v. U.S. (2000). PA 106 -- Kaplan University17

18. Criminal Process PA 106 -- Kaplan University18 Grand JuryD.A's Office Plea Bargain Change of Plea to Guilty Trial Prosecutor must prove guilt beyond reasonable doubt Sentencing Arraignment Preliminary Hearing (Determines Probable Cause) Initial Appearance (Before Judge) Arrest (Requires Probable Cause)

19. Are you ready for a quiz?  What is an arrest?  What is a battery?  What is an arraignment?  What is the Miranda Rule based on?  What do we mean by “mens rea?”  Who decides, at a preliminary hearing, whether the defendant will stand trial? PA 106 -- Kaplan University19

20. Unit 3 Discussion Board  Go to http://www.findlaw.com and search under your state codes for the criminal code section. http://www.findlaw.com  Pursuant to your state’s criminal code, identify the specific code section and contents of one crime against a person and one crime against property. Read through the definition of the crimes you have selected.  Post the results of your research here and discuss with your classmates the differences between the definitions. Comment on at least two of your classmates' posts. PA 106 -- Kaplan University20

21. Questions??  Have a good night! PA 106 -- Kaplan University21