Criminal Law What you need to know!!!

Today’s concepts Basic Rights of all citizens Your legal rights Limits on rights Types of crimes Penalties for crimes Purposes of criminal penalties

Legal Amendments 4th – Privacy 5th – GJ, DJ, ED, DP, SI 6th – speedy trial, cross examine, lawyer 8th – no excessive bail, no cruel & unusual 14th – equal protection

Your legal rights Must be granted a writ of habeas corpus, which means you cannot be held without a hearing before a judge

Your legal rights To be informed of the nature of the charges against them

Your legal rights To be represented by an attorney (Gideon v. Wainwright)

Your legal rights To refuse to answer questions that may be incriminating (5th Amendment and Miranda v. Arizona)

Your legal rights To have grand jury hearing (16-23 citizens who hear evidence presented by the District Attorney and determine if there is enough evidence issue an indictment and go to trial)

Your legal rights To have a trial by an impartial jury (petit jury—12 citizens who hear and decide guild or innocence). The accused can waive this right in favor of a bench trial in which there is no jury. Instead, the judge hears and decides the case

Your legal rights To subpoena their own witnesses

Your legal rights To appeal a verdict or sentence to a higher court

Your legal rights To be free from a Bill of Attainder (a law that punishes a person accused of a crime without a trial or a fair hearing in court)

Your legal rights To be free from ex post facto laws (laws that would allow someone to be punished for an action that was not a crime when it was committed—example: On May 1, a law is passed prohibiting the purchase of lottery tickets. On May 2, Bill is arrested for tickets he purchased on April 30.

Limits on rights Government may establish laws or rules to restrict certain rights in order to protect the health, safety, security, and moral standards of the community. this is part of the social contract that says that citizens agree to give up certain rights in order to get protection from the government.

Limits on rights Rights may be limited to prevent one person’s rights from interfering with the rights of others.

Limits on rights Restriction of rights must be equal and apply to everyone.

Types of crimes-against people Assault—attack on a person for the purpose of causing injury Homicide—killing someone Murder—killing that is premeditated Manslaughter—killing that happens unintentionally

Types of crimes-against property Larceny—unlawful taking of property without using violence Robbery—theft by force or threat of violence Burglary—breaking and entering with the intent to commit a crime Arson—setting fire to someone’s property Vandalism (deliberate destruction of property)

White Collar Crime White-collar Crime—crimes committed professionals who steal money from their employer or clients Embezzlement—stealing from an employer Fraud—taking property by dishonest means or misrepresentation. Example: convincing someone to invest in a non-existent gold mine

Victimless crimes unauthorized gambling, use of illegal drugs, prostitution

Crimes against the government Treason 1.the offense of acting to overthrow one's government or to harm or kill its sovereign. 2.a violation of allegiance to one's sovereign or to one's state. 3.the betrayal of a trust or confidence; breach of faith; treachery. Terrorism

Penalties for Crimes Indeterminate sentence-judge uses guidelines to give maximum and minimum years of a sentence example: first degree murder could get 25 years to life & convict could be released after completing the minimum sentence

Penalties for Crimes Determinate sentence—judge uses guidelines to give specific period of time for sentence and early release is not possible

Penalties for Crimes Mandatory sentence—judge must impose a sentence established by law

Penalties for Crimes Restitution—when the those convicted of a crime must repay the victim for damages caused

Penalties for Crimes Community Service

Penalties for Crimes Probation

Penalties for crimes Suspended Sentence Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation. It is the passing of the sentence, not the sentence itself, that is being suspended. This means that if the person is convicted of another offence during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offense It is common practice for judges to hand down a suspended sentence to first-time offenders who have committed a minor crime, and for prosecutors to recommend a suspended sentence as part of a plea bargain

Where to serve sentences Minimum Security Prison Maximum Security Prison Medium Security Prison Halfway House House Arrest

Purposes of criminal penalties Punishment Protection Deterrence Rehabilitation