CRIMINAL LAW Objective: Know the rights a person has when arrested Recognize a person’s potential criminal liability for the actions of others Understand the justifiability of the common defenses to criminal charges Bellwork: You have the right to remain silent… what else?

 One of the major objectives of the Constitution of the US is to protect individuals from the government.  The founding fathers felt it was BETTER for people to have too much liberty rather than the government to have too much power.  Therefore in the US people suspected of criminal conduct have rights that are not available in other countries.

 Our constitutional right to due process requires a fundamental fairness in government actions.  For example, you can not be compelled to testify against yourself, the right to cross- examine witnesses, or most importantly the right to a lawyer.

 To convict a person of a crime, the evidence must establish guilt with proof beyond a reasonable doubt.  This is not the same as beyond ANY doubt.

 Defendants have the right to trial by jury.  If either the prosecutor or the defendant requests a jury trail then it will be a jury trial.  In jury trials the defendant is usually found guilty if ALL the jurors vote the convict.

 A person who aids another in the commission of a crime is also guilty of criminal wrongdoing.  Example, someone who is a lookout to warn a burglar of the police is an accomplice to the crime.  Similarly, if someone helps plan the crime, they would also be guilty of the same crime.  In most jurisdictions, if someone is killed during the commission of a felony, all accomplices are guilty of the homicide.  Marcus Robinson former Burke student

 In Europe the criminal procedure is significantly different from the United States.  For example a few differences in the French system:  No presumption of innocence  Victims and their families can become parties to investigations  Judges take an active role in trials, include examining and cross-examining witnesses.  Persons accused of crimes have no protection from self-incrimination and can be compelled to testify.  Testimony based on hearsay and opinion is allowed.

 State law makes “hit and run” driving a crime/ The law requires drivers of motor vehicles involved in an accident to stay at the scene, give their names and addresses, and show their driver’s licenses.  Barlow, who was arrested for violating this law, claimed that the law was unconstitutional. He said the law violated his Fifth Amendment right against self-incrimination. Is he correct?  No, identifying yourself is not the same as giving a statement.

 Will and Zack were arrested for possession of cocaine. Both signed confessions at the police station. At their trial, they claimed that their right to due process had been violated. They said they had not been advised of their right to remain silent and to have a lawyer present when questioned.  If true is this a good defense?