Criminal Law

Types of Crime Most crime committed in the US breaks state laws Each state has its own penal code, or written laws that spell out crimes and punishments Crimes may be petty offenses, misdemeanors, or felonies Petty offenses are minor – illegal parking Misdemeanors are more serious – vandalism Felonies are serious criminal act – murder, robbery, kidnapping

Steps in Criminal Cases Prosecutor (gov. lawyer) is responsible for bringing a criminal charge and must prove beyond a reasonable doubt that the defendant violated the law Criminal cases begin when police gather evidence to convince a judge to issue an arrest warrant The arrested person is taken to the police station Charges are recorded The suspect may be fingerprinted and photographed

Steps in a Criminal Case The suspect is brought before a judge as quickly as possible to be formally charged with a crime If the case is not a felony, the judge explains the charges The person may plead guilty or not guilty Cases may then go to a grand jury which determines if there is enough evidence to put the accused person on trial OR a preliminary hearing before a judge for the same purpose 90% of criminal cases end a guilty plea at this time Usually the person pleads guilty to a lesser crime in order for the gov.’s not prosecuting a more serious original crime (plea bargaining)

Steps in a Criminal Trial After a grand jury indictment (or preliminary hearing), the judge reads the formal charge at the arraignment held in an open courtroom The defendant may plead guilty/not guilty Or not guilty by reason of insanity Or no contest In felony cases, the defendant may choose between a jury trial or one heard by a judge Jurors listen as witnesses are called and the evidence is presented: both side present opening and closing arguments

Steps in a Criminal Case In jury trials, the presiding judge instructs the jury on proper legal procedures and explains the law Jury goes to the jury room to review the evidence and reach a decision Guilty verdicts require the jury to find the evidence convincing beyond a reasonable doubt Jury’s ‘not guilty’ verdict releases the defendant immediately Jury’s ‘guilty’ verdict allows the judge (usually) to determine the sentence