U.S. Government: Law

Amendments The 5 th, 6 th, and 7 th Amendments are commonly referred to as rights of the accused The 5 th, 6 th, and 7 th Amendments are commonly referred to as rights of the accused They protect people accused of crimes They protect people accused of crimes

Due Process of Law No one will be denied life, liberty, or property without due process No one will be denied life, liberty, or property without due process To ensure procedural justice To ensure procedural justice

What types of law exist?

Civil Law Relating to disputes among two or more individuals or between individuals and the government Relating to disputes among two or more individuals or between individuals and the government Often does not involve a crime Often does not involve a crime Examples: land disputes, divorce, contract law Examples: land disputes, divorce, contract law

Criminal Law The state charges an individual with breaking a law The state charges an individual with breaking a law Examples Examples Burglary Burglary Vandalism Vandalism Murder Murder

Types of Criminal Law Misdemeanors: less serious crimes usually punishable by fines and/or jail for less than one year Misdemeanors: less serious crimes usually punishable by fines and/or jail for less than one year

Misdemeanors Three classes depending on the severity of the crime (One = Highest Charge) Three classes depending on the severity of the crime (One = Highest Charge) Examples Examples Assault with minor injury Assault with minor injury False imprisonment (kidnapping) False imprisonment (kidnapping) Harassment Harassment Possession of 1 oz.-8 oz. Of marijuana Possession of 1 oz.-8 oz. Of marijuana Damages not exceeding $500 Damages not exceeding $500

Other Violations and Consequences Less serious violations = Petty Offenses or Criminal Mischief (fines issued) Less serious violations = Petty Offenses or Criminal Mischief (fines issued) Examples Examples Underage consumption Underage consumption Disorderly Conduct Disorderly Conduct Possession of less than 1 oz. Marijuana Possession of less than 1 oz. Marijuana Punishment (Under 18) Punishment (Under 18) Community service, restitution, probation Community service, restitution, probation

Types of Criminal Law Felonies: serious crimes punishable by imprisonment for a year or more Felonies: serious crimes punishable by imprisonment for a year or more

Culpable Mental State Was the accused person acting in one or more of the following mental states: Was the accused person acting in one or more of the following mental states: 1.Negligently 2.Recklessly 3.Knowingly 4.Intentionally Each additional level added increases the severity of the crime committed Each additional level added increases the severity of the crime committed

Felonies Six classes Six classes Class One = Intentionally Class One = Intentionally Class Two = Knowingly Class Two = Knowingly Class Three = Recklessly Class Three = Recklessly Class Four = Negligently Class Four = Negligently Incarcerated in state prison Incarcerated in state prison Punishment based on damages, mental state, involvement of a weapon Punishment based on damages, mental state, involvement of a weapon

Felonies Examples: Examples: Murder Murder Rape Rape Kidnapping Kidnapping Involvement of weapons Involvement of weapons More than $500 worth of damage More than $500 worth of damage Crime against a person Crime against a person SBI (Serious Bodily Injury): scaring, permanent disfigurement, broken bones SBI (Serious Bodily Injury): scaring, permanent disfigurement, broken bones

Felonies Other Examples Other Examples Possession of more than 8 oz. Of marijuana Possession of more than 8 oz. Of marijuana Possession of any controlled substance not for medicinal purpose (cocaine, heroine, etc.) Possession of any controlled substance not for medicinal purpose (cocaine, heroine, etc.) Child Abuse Child Abuse Domestic Violence situations require a mandatory arrest Domestic Violence situations require a mandatory arrest

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