 Criminal Law: Substance and Procedure 1.  Guarantees that no one is deprived of life or liberty without certain constitutional protections  Found.

Slides:



Advertisements
Similar presentations
Criminal Law Section 1 What Is a Crime? Section 2 Particular Crimes.
Advertisements

Chapter 5 Our Criminal Laws Criminal Procedure. Rights When Arrested Don’t have to testify against themselves Right to a lawyer Evidence must establish.
Criminal Law and Procedure
CHAPTER 2: CRIME Area of Study 2: Criminal Law. The need for criminal law Read The need for criminal law, Definition of a crime, Elements of a crime,
Chapter 4 Inside Criminal Law
16.2- Criminal Cases.
Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail.
Criminal Defenses How do I get out of this?. The Presumption of Innocence  The Fifth Amendment to the U.S. Constitution guarantees that all citizens.
Chapter 5 Criminal Law. Crime vs. Civil Offense Crime = A punishable offense against society. Civil Offense = Offenses against just the victim, not society.
Chapter Two LAW and CRIME
The Judicial Branch. Court Systems & Jurisdictions.
Chapter 5 Test Review Test Friday.
Larry J. Siegel Joe Morris Northwestern State University Cherly Gary North Central Texas College Lisa Ann Zilney Montclair State.
Chapter 3 Criminal Law: Substance and Procedure
Chapter 3 Criminal Law: Substance and Procedure
Chapter 3 Criminal Law: Substance and Procedure
Inside Criminal Law.
Chapter 16 Lesson 2 Civil and Criminal Law. Crime and Punishment crime  A crime is any act that harms people or society and that breaks a criminal law.
The Judicial Branch The Criminal Justice Process.
Nature of the Criminal Law  A. Foundations of the Criminal Law  B. Sources of the Criminal Law  C. Legal definitions of crime  D. The Nature of Crime.
Analyze this Lady Justice statue for symbolic things. What do you see? Design your own statue that you think represents justice. Bell Ringer.
Chapter 9: Criminal Law and Cyber Crimes
Chapter 15: Section 2 & Section 3. Criminal Law Aimed at preventing harm to people and property. In the courts, there is an ‘adversary system’: –Each.
Our Court System Terms, procedures, and ideas you need to know.
Chapter 15.3 The American Legal System. Legal Protections in the U.S. Constitution  American colonists owed their rights to legal principles developed.
Business Law Mr. Smith. CRIMINAL LAW A crime is a punishable offense against ________________ or the public It disrupts the __________________ we depend.
Chapter 4 Our Criminal Laws. What are Crimes? Crimes-punishable offenses against society Crimes contrast with civil offenses (against a victim vs. society)
Courts at Work. Criminal cases An adult criminal case has many steps It usually is not completed in one day, especially felony cases The first step is.
Rights When Arrested Objective 2.01 Recognize types of courts. Business Law.
3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1.
The Judicial Branch of Georgia’s Government
Chapter 4: Inside Criminal Law. The Development of American Law Laws consist of enforceable rules governing relationships among individuals and between.
1 Chapter Outline 1. Civil Law and Criminal Law 2. Classification of Crimes 3. The essentials of Criminal Liability 4. Corporate Criminal Liability 5.
Chapter 8: Defences. What is a defence? A lawful excuse for committing an offence. Evidence that you lacked the mens rea or that you lacked the actus.
3Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART What Is a Crime? Section 3.1.
Unit 3 Criminal Law Chapter 4.
Criminal Law: Substance and Procedure Chapter 4. Substantive Criminal Law: A body of specific rules that declares what conduct is criminal and prescribes.
Criminal Law Business Law Mr. DelPriore. What is a crime? Punishable offense against society We identify, arrest, prosecute, punish To protect us! Crimes.
Introduction to Criminal law
Chapter 4 Criminal Law. Categories Business Related.
Chapter 5 Crimes. Offenses Against Society When a crime occurs, society, acting through such employees as police and prosecutors, attempts to identify,
1 What is a “law?”  Norms are behavioral codes that guide people into actions that conform to societal expectation Folkways are everyday norms based on.
Criminal & Civil Law Chapter 15. Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges.
Warm UP! What are some RISK FACTORS for becoming a criminal (what characteristics lead to criminal behavior)?
1 What is a “law?”  Norms are behavioral codes that guide people into actions that conform to societal expectation Folkways are everyday norms based on.
 Crime – _______________________________ _______________________________________  Elements of a Crime: › A duty to do or not to do a certain thing ›
The Judicial Branch Unit 5. Court Systems & Jurisdictions.
TYPES OF LAW. CIVIL LAW Civil Law deals with wrongs against a group or individual. The harmed individual becomes the plaintiff in a civil law suit and.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Chapter 20: Civil Liberties: Protecting Individual Rights Section 3.
CRIMINAL LAW Objective: Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand.
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 8: Criminal Law and Procedures.
Crime-Tort Jeopardy Business Related Crimes Elements of a Crime Classify Defenses Elements of a Tort Types of Torts Civil Procedure $100100$100100$100100$100100$100100$100100$
Chapter 4 Criminal Law: Substance and Procedure. Four Broad Categories of the Law Substantive criminal law Procedural criminal law Rules of evidence The.
© 2015 Cengage Learning Chapter 4 Inside Criminal Law Chapter 4 Inside Criminal Law © 2015 Cengage Learning.
Lesson Six Criminal Law. 一、 General introduction of criminal law  (一) Concept of criminal law  Criminal Law is a body of rules and statutes that defines.
Law for Business and Personal Use © Thomson South-Western CHAPTER 4 Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure.
Article III: The Judicial Branch Chapters: 11,12
“It is better to let 10 guilty people go free then that one innocent person be punished.” Innocent until proven guilty.
Civics & Economics – Goals 5 & 6 Criminal Cases
Bell Ringer 09/23/2013 When you think of defense what is the first thing that comes to your mind? In a court room who makes up the defense team? Do you.
Criminal Justice and the Rule of Law
Citizens and the Law Civics Ch. 15.
Chapter 3 Criminal Law: Substance and Procedure
Lesson 5-2 Criminal Procedure.
Criminal Law Defenses Lesson 5-2 Quiz Review.
V. Criminal Law Chapter 5 Criminal Law Lesson Objectives
Criminal Law and Procedure
What is a “law?” Norms are behavioral codes that guide people into actions that conform to societal expectation Folkways are everyday norms based on.
Presentation transcript:

 Criminal Law: Substance and Procedure 1

 Guarantees that no one is deprived of life or liberty without certain constitutional protections  Found in both the fifth and fourteenth amendments to the constitution  Interpretations of due process is not fixed but reflect the morality of the people (pendulum) 2

 Habeas Corpus  This is a challenge that you submit to court to determine if you are being held legally  Your attorney would submit a writ of habeas corpus if they feel you have been denied due process 3

 Is made of two parts  Procedural  Substantive 4

 Branch of Due process that defines what is criminal and what punishments are required  This is the criminal code  Has taken years to establish  Evolves and changes with the morality of the people  Gets its power from the constitution 5

 Set of basic rules that must be followed during every stage of the CJS process  Outlines the rights people have and what protections are available to them while they are in the CJS  Right to an attorney, right to confront your accuser, ect  Gets its power from the Bill of Rights 6

 Anything that is not criminal  Involves one party to another  Sanctions would be money, having to do something or having to stop doing something  You don’t risk loss of liberty or life  Cases are heard in civil court  The standard of proof is the preponderance of evidence  If a jury is used they do not all have to agree, only a majority 7

 Body of laws that define crimes and sets out their sanctions (punishments)  Sanctions can be fines, jail or prison and death  The standard of proof is beyond a reasonable doubt  A reasonable person would believe that you are the only one that could have committed the crime  Jury decision has to be unanimous  If found not guilty in a criminal case you can be found guilty in a civil case 8

 Legal requirements of a crime  Accused engaged in the guilty act (actus reus)  Accused had intent to commit the guilty act (mens rea)  Both are present at the same time  The accused actions were the cause of the crime  Actual harm was caused 9

 Each state has developed their own criminal code therefore they determine how a crime is classified  In general crimes are classified in three categories  Felonies: most serious (more than 1 year in prison)  Misdemeanors: less serious (less than on year in jail)  Violations: non-criminal offenses (most cases you pay a fine and are not a risk of loss of liberty) 10

 Felony is a more serious crime, with sanctions that include prison or death (can include fines )  Misdemeanors are less serious crimes that carry sanctions that include jail time and fines 11

Conviction of a felony can in some states keep you from: Voting, owning a firearm, running for political office, federal student loans, and joining the military  Misdemeanors have to be committed in the presence of the police officer for them to make an arrest without a warrant (in presence requirement)  Felony arrest can be made at any time as long as the officer has probable cause (the evidence present points to the probability that the accused has committed the crime) 12

 When people defend themselves in court from criminal charges they or their lawyer must prove that one or more elements of a crime doesn’t exist  Or they have to use one of these defenses  Excuse defenses: defendants mental capacity is reduced or impaired  Ignorance or Mistake: they have to prove that the government failed to make the public aware of a new law  Insanity: at the time of the crime the defendant lacked the mental capacity to know what they did was wrong, this is very difficult to prove the government will apply standardized tests to prove sanity 13

 Excuse Defenses (con)  Intoxication: can only be used if the defendant can prove that the intoxication was involuntary  Age: child under 7 is considered to lack capacity, will be reviewed by the court, over 14 they are considered to have capacity and could be tried as an adult  Entrapment: police use deception to make the defendant commit a crime that they would not have committed 14

 Justification Defense: the defendant admit they committed the crime, but had been justified in doing it:  Consent: the victim gave them legal consent  Self-defense: they acted with reasonable belief that they were in eminent danger of death or harm and had no reasonable means of escape  Stand your ground: in your own home you are not required to attempt to escape, and you are allowed to defend your self  Duress: defendant was forced to commit the crime as the only means to prevent death to self of others  Necessity: the only way to prevent something worse was to commit the crime 15

 Bars prosecution if legal actions take too long to start after the commitment of the crime  The time periods differ based on the crime and the state  Some jurisdictions have statutes of limitations for serious felonies (most do not)  No jurisdictions have a statute of limitations for murder 16

 Means the beginning stages but not completed crimes  Accessory before the fact: help prepare for the crime but did not commit it  Accessory after the fact: helps the felon after they have committed the crime 17

 Attempt: three elements  Person must intend to commit the crime  Person must take steps towards committing the crime  The actual crime is not committed  Conspiracy: an agreement between two or more people to commit a crime  Solicitation: asking, ordering or encouraging someone to commit the crime for you 18

 Contempt of court: show disrespect, disrupt, or fail to follow a court order  Perjury: lying under oath  Witness Tampering: threatening or bribing a witness to change their testimony  Jury Tampering: threatening or bribing a member of the jury  Obstruction of Justice: interference with the orderly administration of justice 19

 King Hammurabi three Criminal Justice accomplishments  Created a code of laws  Posted the law for all to see  Put the laws in the language of the people 20

 Two concepts  Presumed innocent  Providing evidence to prove guilt or innocence 21

 Told the people the code came from the gods  He did this so the people would believe that it came from a higher authority and they would respect them and follow them 22

 Roman 12 tables  This was a list of laws meant to protect the poor  This would become the foundation of all Roman law 23

 William the I (England )  Separated civil courts from criminal courts  Established the eyer (traveling judges)  This established the term stare decisis ( let the decision stand, they used prior cases to determine future cases) 24

 Our law is based on  Common law (case law)  Statutes 25