Criminal Law

Parties in a Criminal Case The state or federal government representing the public at large is the plaintiff. Usually the government is called the prosecutor. The person who is accused of a crime is called the defendant.

Categories of Criminal Law Felony – A major crime punishable by imprisonment or death. Misdemeanor – A less serious crime with a less severe penalty. Infraction – The least severe category.

Steps in a Criminal Case Arrest Arraignment Trial (Must be proven beyond a reasonable doubt) Verdict Opportunity for Appeals Sentencing

Particular Crimes Crimes against people (aka Torts) Crimes against property (Criminal and/or Torts) Crimes against business interests (Criminal and/or Torts)

Crimes against people or Torts Murder Manslaughter Assault and Battery Kidnapping Sex Offenses Slander

Crimes against property Burglary Larceny Embezzlement Robbery Arson

Crimes against Business Interests Larceny by False Pretenses Forgery Bribery and Extortion Computer Crimes

Elements of a Crime Criminal Act Required State of Mind Motive?

Defenses to Crimes Insanity Entrapment Self-Defense Defense of Family Members

Sentencing of Convicted Criminals Fines Community Service Imprisonment The Death Penalty