Criminal Law Chapter 3 Part I

What is a Crime?  Crime – is considered an act against the public good.  Laws in the U.S. detail crimes and provide punishment

In a criminal proceeding, the state or federal government is the plaintiff.  The prosecutor is the government attorney who presents the case in court against ….  ….the person accused, called the defendant.

Felonies  A felony is a major crime punishable by imprisonment or death.  EXAMPLES:  Murder, manslaughter, burglary, robbery, arson

Misdemeanor  A less serious crime with a less severe penalty is a misdemeanor.  Penalized by a fine or brief imprisonment in a city or county jail.  EXAMPLES:  Driving without a license, lying about age to purchase alcohol, leaving the scene of an auto accident

Criminal Law in the American System  The American system consists of 2 systems:  Federal law  State law  Both systems make and enforce criminal law, but the source of their power differs.

State Criminal Law  Police power  Allowed to make statutes to protect the public  Penalty for crimes may differ from state to state  Example: a crime that is called assault in one state may be called battery in another

Federal Criminal Law  Has no police power  Is able to create criminal statutes only in its own jurisdiction  Example: created laws against counterfeiting because it has the power to coin money  Today, the Fed has a criminal code and several national police agencies  FBI and DEA

Federal Law  Treason is one crime named and defined in the U. S. Constitution.  Confession in open court or testimony of 2 witnesses is needed for conviction

Federal Law  Double Jeopardy sometimes the federal and state systems overlap  can happen when someone has been accused of a crime that can be thought of as both federal and state crimes  Fifth Amendment guarantees that no person can be tried twice for the same crime – double jeopardy