1 Criminal Law Basics Plus Mini “Assignment” PAR 205 Mike Brigner, J.D.

2 Why Do We Need Criminal Laws? n Protect others n Maintain social order n Discourage future crime n Remove dangerous individuals from society n Punish wrongdoers

3 Differences: Criminal vs. Civil n The State, vs. n Defendant n Burden of Proof: Beyond A Reasonable Doubt n Guilty or Acquitted n More Constitutional Rights Apply n Plaintiff vs. n Defendant n Burden of Proof: By A Preponderance of the Evidence n Liable or Not Liable n Fewer Constitutional Protections

4 Our focus: Ohio Criminal Code Other systems we will study only slightly: Other systems we will study only slightly: – Federal – Military – Juvenile – Other states – Other nations

5 Objectives of Criminal Sanctions Retribution -- Punish the offender Retribution -- Punish the offender Protect the Public – Few Crimes while in jail Protect the Public – Few Crimes while in jail Deterrence – Of offender & others Deterrence – Of offender & others Rehabilitation – Workable objective? Rehabilitation – Workable objective? Restorative Justice – Apology, Restitution, Community Service Restorative Justice – Apology, Restitution, Community Service

6 Criminal Procedure in Ohio Crime occurs Crime occurs Reported to police Reported to police Investigation Investigation Complaint > Arrest Complaint > Arrest Initial appearance Initial appearance –Attorney appointed –Bail or O.R. or jail Arraignment > Plea Arraignment > Plea

7 Criminal Procedure in Ohio Misdemeanor –Trial in municipal court. Jury if jailable Felony: –Preliminary Hearing or Grand Jury –Trial in CP court Plea or verdict Sentence: jail, fine, community control (probation)

8 Presumption of Innocence Presumption of Innocence Every element must be proved beyond a reasonable doubt Read Ohio definition in R.C (A), (B), (D) Query: Why such a high standard of proof?

9 Reasonable Doubt Reasonable Doubt Reasonable doubt is that which you would rely upon in your ordinary life NOT beyond ALL doubt Q: Ever climbed a ladder? Ever have ANY doubt about safety of ladder? But you relied on ladder anyway? So, a little doubt is not beyond reasonable doubt

10 Criminal Law Materials in Sinclair LRC: Ohio Jurisprudence 3d, Criminal Law Ohio Jurisprudence 3d, Criminal Law Anderson’s Ohio Criminal Law & Procedure Anderson’s Ohio Criminal Law & Procedure Banks-Baldwin’s Ohio Criminal Justice Banks-Baldwin’s Ohio Criminal Justice Katz & Gianelli, Ohio Criminal Law Katz & Gianelli, Ohio Criminal Law Anderson’s Ohio Criminal Law Handbook Anderson’s Ohio Criminal Law Handbook Banks-Baldwin’s Drug Laws of Ohio Banks-Baldwin’s Drug Laws of Ohio Steven Landers, Capital Punishment Steven Landers, Capital Punishment Warren, Borham, Lamont, Criminal Law Digest Warren, Borham, Lamont, Criminal Law Digest Adrine & Ruden, Ohio Domestic Violence Law Adrine & Ruden, Ohio Domestic Violence Law

11 Assignments -- Read text chapters 1, 2, 3 -- Locate and read these statutes: R.C ,.02,.05,.12, &.13 R.C ,.02,.05,.12, & Statutes: See External Links on My.Sinclair -- Find Crime News articles

12 For Next Class n Bring in TWO news articles about crime n One LOCAL & n One NATIONAL n Be prepared to discuss: n Why you chose it n How news coverage of crime affects us n And....

13 What to look for in articles on crime n ACTION - is the action criminal or not? n INTENT - is criminal intent apparent n DEFENSES - is there either excuse or justification?

14 Introductions - You n When do you graduate? n Strengths? Weaknesses? n What are you the most interested in about criminal law? n What do you want to get out of this course?

15 Criminal Law Basics n Concluded Thank you