Chapter 5 Our Criminal Laws Criminal Procedure

Rights When Arrested Don’t have to testify against themselves Right to a lawyer Evidence must establish guilt with proof beyond a reasonable doubt 9 0% (?) of evidence supports guilty verdict Jury trial if prosecutor or defendant requests one G uilty if all jurors vote to convict usually Don’t have to testify against themselves Right to a lawyer Evidence must establish guilt with proof beyond a reasonable doubt 90% (?) of evidence supports guilty verdict Jury trial if prosecutor or defendant requests one Guilty if all jurors vote to convict usually

Defenses to Criminal Charges Procedural defenses b ased on problems with the way evidence is obtained or the way the accused person is a rrested, questioned, tried, or punished Substantive defenses d isprove, justify, or excuse the alleged crime d iscredit the facts the state sought to establish Procedural defenses based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished Substantive defenses disprove, justify, or excuse the alleged crime discredit the facts the state sought to establish

Substantive Defenses Self-defense u se of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping Criminal insanity d on’t know the difference between right and wrong n o criminal intent m ust be proved at trial Immunity f reedom from prosecution Self-defense use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping Criminal insanity don’t know the difference between right and wrong no criminal intent must be proved at trial Immunity freedom from prosecution

Punishments for Crime Is meant to discipline the wrongdoer Should also deter others from similar behavior Plea bargain Is meant to discipline the wrongdoer Should also deter others from similar behavior Plea bargain

Think About Legal Concepts True C, indebtedness B, substantive defense False True C, indebtedness B, substantive defense False