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 website, in whole or in part. Chapter 4 SLIDE 1 4-2Criminal Procedure GOALS Know the rights people have when arrested and their potential criminal liability for the action of others Name and describe the two types of defenses to criminal charges Understand appropriate punishment for crimes Explain the steps in criminal procedure

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 website, in whole or in part. What’s Your Verdict During a routine traffic stop of a small truck for speeding, an officer became suspicious of the cargo the truck contained due to a smell coming from inside. When his request to search the truck was refused, the officer radioed for the assistance of a drug dog that acted to show that he believed that there were drugs present. Finally, he ordered the driver to open the cargo area. When the driver did so, the officer found more than a ton of marijuana. Was the search legal? Chapter 4 SLIDE 2

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 website, in whole or in part. Chapter 4 SLIDE 3 RIGHTS AND RESPONSIBILITIES Rights of the accused Responsibility for the criminal conduct of others

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 website, in whole or in part. Rights of the Accused Constitutional right to due process requires fair procedures during an investigation and in court. Miranda Rights Fifth amendment Unreasonable search and seizure Lawyer provided and/or present Guilt must be “beyond a reasonable doubt” Chapter 4 SLIDE 4

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 website, in whole or in part. Substantive Defenses Self-defense – use of force reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping (extends to members of one’s family and household and to others whom one has a legal duty to protect). Only non-deadly force may be used to protect or recover property. Chapter 4 SLIDE 5

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 website, in whole or in part. Substantive Defenses Criminal insanity – due to a verifiable mental disease or defect, the accused does not know the difference between right and wrong. If criminally insane, there is no criminal intent and therefore no crime. Chapter 4 SLIDE 6

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 website, in whole or in part. Substantive Defenses Immunity – freedom from prosecution even when one has committed the crime charged. Contempt of court is action that hinders the administration of justice. Chapter 4 SLIDE 7

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 website, in whole or in part. Chapter 4 SLIDE 8 CHECKPOINT What constitutional rights would you have if you were accused of a crime?     

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 website, in whole or in part. Chapter 4 SLIDE 9 DEFENSES TO CRIMINAL CHARGES Procedural defenses Substantive defenses

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 website, in whole or in part. Chapter 4 SLIDE 10 CHECKPOINT Name the two defense categories and give an example of each.     

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 website, in whole or in part. Chapter 4 SLIDE 11 PUNISHMENTS FOR CRIMES Fines Imprisonment Execution

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 website, in whole or in part. Chapter 4 SLIDE 12 CHECKPOINT What is the purpose of punishment for a crime?     

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 website, in whole or in part. Chapter 4 SLIDE 13 PROCEDURE FOR A CRIMINAL TRIAL Pre-trial criminal procedure Preparation for trial Procedure at trial

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 website, in whole or in part. Chapter 4 SLIDE 14 CHECKPOINT What types of challenges can be used by the defense and prosecution to dismiss unwanted potential jurors?     

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 website, in whole or in part. Chapter 4 SLIDE 15 PREVENT LEGAL DIFFICULTIES As a citizen... Work to know the law and to live within its requirements. Never intentionally do something illegal. Never misrepresent a fact to obtain the goods or services of others. Never threaten others with an illegal act to cause them to do something. If arrested, immediately contact a lawyer. Know your rights and make use of them.