Criminal Law and Procedure Chapter 4

Crime A crime is a punishable offense against society. So if you commit a crime, it is the intention of the court to catch and punish you. Punishment is not made to remedy the wrong, but rather to discipline the wrongdoer.

Elements Everyone has a DUTY to know the law and act accordingly. So the lawyer prosecutes based on a certain statute. They then prove you violated or BREACHED your duty. Then they must prove that you Intended to commit the act Intended to do evil (Falling versus punching)

Elements of a Crime These 3 things must be proven: That you were aware of your duty to do or not to do a certain thing Whether you performed an act or omission in violation of that duty Whether or not you had criminal intent

Example Read “What’s Your Verdict” on page 65

2 types of crimes Felony (more serious) punishable by jail time of more than one year in a state prison, or by a fine of $1000 or more, or BOTH. Misdemeanor (less serious) punishable by jail time of less than one year in a county or city jail, or fine, or BOTH

Business Related Crimes or White Collar Crimes Courts tend to be more lenient with these because there is no physical harm done Punishments are typically fines or short prison terms

Check textbook (pages 68-70 for more information) Crimes Larceny – theft, burglary Receiving Stolen Property False Pretenses - fraud Forgery Bribery Computer Crime Extortion Conspiracy Arson Check textbook (pages 68-70 for more information)

Knowingly aiding If you knowingly aid a criminal (act as lookout, or help plan the crime), even if you don’t perform the act you can be found guilty as if you committed the crime yourself. Businesses – employees and managers

Your Rights in a Criminal Case Right to a lawyer To be convicted the evidence must establish guilt “beyond a reasonable doubt” Trial by Jury

What defenses do you have? Procedural- problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. Substantive- disprove, justify, or excuse the alleged crime. (Self-Defense, criminal insanity, and immunity are examples)

Criminal Procedure It is a question of Probable Cause – a reasonable ground for belief “What’s Your Verdict?” – page 71 Global Issues – page 71

Substantive Defenses What’s Your Verdict – page 72 In This Case – page 73 Self Defense - page 73

Contempt of Court Judge declares I will hold you in contempt Means your actions are hindering the administration of justice Crime punishable by imprisonment

Plea Bargaining An agreement to confess to a less serious crime Why would you do this?

Assignment Read pages 75-78 – learn the procedures for a criminal trial. On the back of your notes page, prepare an outline the procedures Pre-trial Criminal Procedure Preparations for Trial Procedure at Trial