2. Prosecutors must establish beyond a reasonable doubt that the defendant is guilty; possible defenses:  No crime has been committed  Defendant didn’t commit the crime (“It wasn’t me”) (Must present alibi, evidence defendant was elsewhere at the time of the crime)  Criminal act was justifiable or excusable (self- defense using “reasonable” amt. of force; deadly force only if in imminent danger of death or serious bodily harm)

3.  Infancy (under 7 yrs old, traditionally considered legally incapable of committing a crime) (7-14 yrs  juvenile court)  Intoxication  at time of crime so drunk or high that didn’t know what were doing; all depends on required mental state to prove the crime; General rule  voluntary intoxication is not a defense to a crime…  Insanity  people who have a mental disease or defect should not be convicted if they don’t know what they are doing or if can’t tell difference between right & wrong (depends on state); before criminal proceedings must know if 1) defendant is competent to stand trial, 2) whether defendant was sane at the time of trial (must have been insane during crime), 3) whether defendant is sane after trial (could delay proceedings)

4. Three verdicts  1) guilty, 2) innocent, 3) not guilty by reason of insanity—go to mental institution --To prove insanity  defense must produce evidence of mental defect or disease by a credible psychiatrist… final decision up to jury.  Entrapment  defendant admits committing criminal act but claims they were induced/persuaded to do so by law enforcement officer  Duress  You act under duress when you do something as a result of coercion or threat to immediate danger (“steal or I’ll shoot you”)  Necessity  compelled to react to a situation that is unavoidable to protect life (Doesn’t apply for homicide)

5. Everything from arrest through prosecution and conviction to release from the control of the state. The case can be dropped anytime for lack of evidence from the prosecutor or judge.

6. Arrest  takes place when a person suspected of a crime is taken into custody. You can be arrested 2 ways: arrest warrant w/out warrant but w/probable cause –Arrest warrant  court order commanding that a person named in it be taken into custody. Obtained by filing complaint before judge. –Probable cause  defined as a reasonable belief that a person has committed a crime. It can be based on less evidence that is necessary to prove you guilty in a trial. It’s up to police judgment but should indicate their was guilt.  How do police know who to stop? Have info. from witnesses/victims, profiles, informants, etc.  Police do not need probable cause to stop & question individuals whom they suspect, but you do not have to answer, but that might result in arrest due to suspicious behavior… you can also be stopped & frisked (patted down.)

7.  4th Amend: sets out right to be free from “unreasonable searches and seizures” and established conditions under which search warrants may be issued.  There is also the need for the police to gather information to protect society against crime… so what’s “reasonable”  this is determined on a case by case basis, based on facts/circumstances of case… if evidence found was illegally obtained, then exclusionary rule  if court finds search was unreasonable, evidence found cannot be used against the defendant, is applied.

8. A) Searches w/a warrant Search warrant  court order, obtained from a judge to search a person or place. Before getting one must obtain an affidavit  sworn statement of facts and circumstances of case. Warrant must specify person/place and items to be seized in search; must be done in timely manner, usually in daytime, and in a reasonable area. However, they can seize anything related to case or illegal that is plain view.

9. B) Searches w/out a warrant-- There are cases when it’s permitted. 1) Search incident to a lawful arrest  police can search a lawfully arrested person and the area immediately around them for evidence. 2) Stop & frisk  police officer can frisk a person for weapons if their behaving suspiciously… 3) Consent  when a person voluntarily agrees to be searched… In some cases you can give police permission to search someone else’s property. 4) Plain view  if object connected with crime is in plain view from where police have a right to be, it can be seized.

10. 5) Hot pursuit  if following suspect not required to get warrant to follow them into buildings, etc. 6) Vehicle searches  police officer with probable cause to believe it has illegal items can search it, must have “reasonable belief” 7) Emergency situations  ex: bomb threat, fire… etc. 8) Border and airport searches -> custom agents can search w/out warrants and w/out probable cause.

12. After arrest police interrogate (question) the accused, for trial evidence later… Fifth Amendment  provides citizens w/a privilege against self-incrimination  you have a right to remain silent & cannot testify against yourself… Sixth Amendment  provides a person accused of a crime with the right to the assistance of an attorney. The Supreme Court has ruled that: 1) confession is not admissible as evidence if its not voluntary/trustworthy (i.e. obtained through force, threats…) and 2) if obtained after defendant’s request for attorney has been denied… Miranda vs. Arizona  decided that police are required to inform people accused of a crime their Miranda rights before questioning (ex: you have the right to remain silent…) only if they plan to use their testimony in court.

13. Booking  formal process of making a police record of the arrest (ex: questioning, pictures, & fingerprints) Appear Before Judicial Officer: (judge/magistrate)  he/she explains rights, charges, attorney is appointed or chance to get one, & set bail… if misdemeanor  enter plea of guilty/not guilty, if felony  plea entered later in arraignment & preliminary hearing

14. Bail  amount of money put up by an arrested person so they can be released; set by judge; it guarantees the accused will return if they don’t court keeps the money… Preliminary hearing  screening device, used to determine if enough evidence exists to require defendant to stand trial, if judge finds no probable cause then dismisses case, but prosecution can still submit case to… Grand jury  group of 16-23 people charged with determining whether sufficient cause exist to believe a person has committed crime & should go to trial *Fifth Amendment  requires you to have a grand jury indictment before going to federal court during it: no defendant or his or her attorney is allowed; only prosecution…

15. Felony arraignment & pleas  after indictment defendant must go to court and issue plea of guilty/non-guilty. If guilty  judge sets date sentencing. If non-guilty  judge sets trial date; ask before a judge or jury? If nolo contendere  (plea by defendant that doesn’t admit guilt but does not contest charges) = guilty, but plea can’t be used in civil trial later… Plea bargaining  * Most criminal cases never go to trial * Minor offenses  plead guilty, sign form waiving your right to a trial & mail check for fine (ex: ticket) Major offences  plea bargaining  Defn: process of negotiation among the accused, the defense attorney, and prosecutor. Defendant usually gets lighter sentence, saves govt. time and $.

16. Once found guilty defendant will be sentenced by the judge/jury. Judge can choose from the following:

17. –Suspended sentence  sentence given but can be served later… –Probation  released to probation officer after agreeing to certain things like getting job, not traveling, etc. –Home confinement  sentenced to serve term at home usually electronically monitored by probation officer. –Fine  pay govt. $ set by court.

18. –Restitution  required to pay back/make-up whatever loss/injury was caused to victim of crime. –Work release  allowed to work in community but required to go to prison at night or weekends. –Imprisonment  term in jail or prison. Depending on state judge can issue exact time to be served or a minimum and maximum term (ex: no less 3 yrs, no more than 10) (It’s all up to the judge!!!) 1988 Congress passed federal guidelines that listed the sentences judges should impose for specific crimes. U.S. Supreme Court supports this. Opponents say leave it up to the judges discretion…

19. *Why do we punish criminals???* 1) Retribution  instead of individuals seeking revenge, society punishes violators. 2) Deterrence  punishment will discourage offender from doing it again, also will discourage other people from doing it. 3) Rehabilitation  helping convicted persons change their behavior so can lead useful/productive lives after release. 4) Incapacitation  criminal will be physically separated form community and so the community will be safe *Parole  release of a convicted person before their sentence has been served. Eligibility is a privilege, not a right. Parole board can decide this. Federal system & some states don’t have parole.

20. VI. Corrections The system of corrections includes the entire range of treatment and punishment options available to the government- ex: jail, halfway houses, etc. A) Prison Until 1960s inmates had few rights, so beatings and harsh treatment common.. Today U.S. Supreme Court has said they do have the following rights in jail: –free from cruel/unusual punishment –right to freedom of religion –right to due process –right to medical treatment if ill –right to access of law libraries and courts

21. B)Capital Punishment (a.k.a Death Penalty) a. history 1st person executed for murder hung in America in 1630. People executed for: witchcraft, thievery, adultery, etc. Died in gallows, hung, and burned at stake. b. Constitutional 1972 Supreme Court case Furman vs. Georgia ruled death penalty how it was being applied then was unconstitutional. States rewrote laws in 1976 said ok go ahead.

22. The 8th Amendment prohibits cruel and unusual punishment 1992, 36 states had death penalty through: -lethal injection (21 states) -electrocution (13 States) -lethal gas (6 states) -hanging (3 states) -firing squads (2 states) U.S. is only in country in the world to use electrocution, gas, and lethal injection. Most countries use -> hanging, shooting, beheading and stoning. Capital Punishment cases call for 2 trials, 1 for guilt/innocence, and 1 for sentencing.

23. C) Reasons behind Death Sentencing 1. Major assaults on persons: a) Murder c) Rape b) Kidnapping d) Bombing 2. Major Political crimes: a) Espionage b) Treason D) Arguments: For Ensure justice Discourage people from committing capital crimes Deters premeditated crime (air privacy) Against Cruel and unusual punishment Does not deter crime Legitimizes killing as a solution to human problems

24. VII. Juvenile Justice First juvenile court est.1899 in Cook County, Illinois allowed court to act as a parent of child; right of state to intervene in life of child based on parens patriae (Latin for “parent of the country”) Today juvenile courts handle 3 groups: –delinquent offenders – youths committed acts that would be crimes if committed by adults –status offenders – youths if committed acts that would NOT be crimes if committed by adults (ex: skipping school, running away, etc.) –neglected /abused children – seeking courts protection from parent/guardian Juvenile system torn between “rehabilitation” and “punishment” of offender.

25. A) Age Limits (Depended on states) –Juvenile – under 18 in most states, 16 & 17 in others. –Most states if serious crime, i.e. murder, rape, etc. tried as adult. Either state law, prosecutor, or judge decides to transfer to adult court. They consider: age and past record seriousness of crime likelihood of rehabilitation before adulthood

26. B) Juvenile Terms Juvenile Law Term  offense Corresponding Adult Law Term  crime  Take into custody  Arrest  Petition  File Charges  Denial  Not Guilty Plea  Admission  Guilty Plea  Adjudicatory Hearing  Trial  Found Delinquent  Found Guilty  Disposition  Sentencing  Detention  Jail  Aftercare  Parole