CJ 297: Criminal Law Mount Mercy University

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Criminal Law Rules of society Thou shalt not… Punishment Applies to all Criminal Procedure Rules that apply to government (CJS) Treatment of accused/convicted Due process 3

CRIMINALCIVIL Who is HARMED?SocietyIndividuals Worst thing at STAKE?Life or liberty$ Who pays for ATTORNEY?Pros: State Def: Indiv or State Individuals Burden of PROOF?Beyond a Reasonable Doubt By a Preponderance of Evidence 4

Dos and donts Man-made & changeable Elected lawmakers Written (notice) Codes (statutes) Case law Consequences Specific or general Rule of Law Harm to Society Victimless crimes 5

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Mala in se v. Mala prohibita Felony v. Misdemeanor Personal v. Property Violent v. Non-Violent Street v. White-Collar 7

How much harm? Stealing: $2,000 v. $80,000 Injury/Death Medical practitioners 2 million unnecessary surgeries 6 billion unneeded antibiotics with 10,000 deaths 20,000 dead from improper emergency care Employers More than homicides Sellers Unsafe products & services Polluters 8

Why arent we punishing white-collar crime more harshly? Who makes the laws? Who influences the laws? 9

Assault Attempted/threatened battery Battery Offensive contact Rape Non-consensual sex committed with force or threat 10

Trespass Entry onto anothers property without permission Burglary Breaking & entering with intent to commit a crime Theft/Larceny Stealing with intent to permanently deprive Robbery Theft by force or threat of force 11

False imprisonment Restraining someones liberty Kidnapping Restraining & moving/hiding someone 12

Homicide Taking the life of live human being Degrees 1 st : Purposeful, premeditated 2 nd : Knowing, in the heat of passion Voluntary Manslaughter: Reckless Involuntary Manslaughter: Negligent 13