Criminal Justice Process U.S. LEGAL SYSTEM Criminal Justice Process

TYPES OF LAWS COMMON STATUTORY Judge-made law Originated in England Laws made by legislative bodies Criminal and civil

TYPES OF LAWS CONSTITUTIONAL Laws in the Constitution ADMINISTRATIVE Laws made executive agencies

Types of statutory laws Criminal & Civil Types of statutory laws

Definition Civil Law Criminal Law Crime against the government (breaks a law) or society; (also known as penal law) is the body of law that deals with crime and the legal punishment of criminal offenses. Disputes between individuals disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

Cases Filed By: Civil Law Criminal Law Local, state or national government For example: US v. Pedigo or GA v. Stewart Individuals / Private party For example: Mays v. Morehouse or NAACP v. Shaw Industries  

Types: Civil Law Criminal Law Felonies Misdemeanors Torts Contracts more serious crimes, punishable by a prison sentence of more than a year Misdemeanors Less serious and dealt with more leniently; with sentences of a fine, probation or a jail sentence less than a year. Torts Contracts Property Family law  

Beyond a reasonable doubt (what does most of the evidence prove?) Burden of Proof: Criminal Law Civil Law Beyond a reasonable doubt Burden of proof is always on the state/government. Preponderance of evidence (what does most of the evidence prove?) Burden of proof is initially on the plaintiff and then switches to the defendants.  

Examples: Civil Law Criminal Law Theft Assault Robbery Murder trafficking in controlled substances Rent agreements Divorce Child custody Property disputes/damages Personal injuries  

Punishments Civil Law Criminal Law incarceration in a jail fine paid to the government probation In exceptional cases, death penalty never incarcerated never executed only reimburses the plaintiff for losses caused by the defendant’s behavior Either party (plaintiff or defendant) can be found at fault.  

Appeal Civil Law Criminal Law Only the defendant may appeal Prosecution cannot appeal if the defendant is found not guilty (double jeopardy) Either party may appeal  

What is CRIME? Brainstorm with a Neighbor Come up with your definition and be prepared to share it with the class

General Legal Definition of “Crime” A legal wrong committed against the interest of all the people of a state An act prohibited by criminal law

Three Basic Elements of Any Crime Criminal Intent (Mental Element) Criminal Conduct (Act) CRIMES HARM

Three Basic Elements of Any Crime Criminal Intent (Mental Element) Criminal Conduct (Act) CRIMES HARM

Three Basic Elements of Any Crime Mens Rea: The Guilty Mind Prosecution must prove that the accused intended to commit a criminal act Criminal Intent (Mental Element) Criminal Conduct (Act) CRIMES HARM

Three Basic Elements of Any Crime Actus Reus: The Guilty Act Bad thought alone cannot constitute a crime, there must be an act, or an omission to act where there is a legal duty to act. Three Basic Elements of Any Crime Criminal Intent (Mental Element) Criminal Conduct (Act) CRIMES HARM

Three Basic Elements of Any Crime Concurrence of Intent & Act = Harm The actus reus and mens rea must be present if a crime is to occur. The law requires the offender’s conduct must be the approximate cause of any harm resulting from the criminal act. Criminal Intent (Mental Element) Criminal Conduct (Act) CRIMES HARM

Why Punish Criminals? Brainstorm with a Neighbor Come up with your answer and be prepared to share it with the class

Why we as a society punish wrongdoers: Rehabilitation: To make the wrongdoer a contributing member of society. Incapacitation: To remove the wrongdoer from society. Retribution: To take revenge against the wrongdoer. Deterrence: To discourage a person from committing a crime

Basic Principle of the U.S. Legal System Presumption of Innocence Anyone charged with a criminal offense is presumed to be innocent till proven guilty The prosecution must prove guilt; the defense does not need to establish innocence.