 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