1. STREET LAW CHAPTER 2 Criminal Law and Juvenile Justice

2. DEFENSES In criminal case prosecution has to prove guilt beyond reasonable doubt In criminal case prosecution has to prove guilt beyond reasonable doubt Sometimes there is defenses that accused can use Sometimes there is defenses that accused can use

3. No Crime No Criminal Intent Person carrying a gun is able to prove they had a license Person carrying a gun is able to prove they had a license Person accidentally takes the wrong backpack Person accidentally takes the wrong backpack

4. ALIBI A crime was committed A crime was committed Evidence that defendant was somewhere else at the time the crime was committed. Evidence that defendant was somewhere else at the time the crime was committed.

5. Criminal Act was excusable or justified Self-defense Self-defense Defending another person Defending another person Limitations Limitations Reasonably believes imminent danger Reasonably believes imminent danger Can’t use more force than necessary Can’t use more force than necessary Deadly force only if imminent death Deadly force only if imminent death “Make my day laws” defend personal property “Make my day laws” defend personal property

6. Committed Crime Not Criminally responsible Infancy: Usually under age 7. Turned over to juvenile court/parent Infancy: Usually under age 7. Turned over to juvenile court/parent Intoxication: so under influence didn’t know what they were doing. Intoxication: so under influence didn’t know what they were doing. Voluntary usually not allowed. Voluntary usually not allowed.

7. Insanity Is defendant competent to stand trial Is defendant competent to stand trial Is defendant sane at time of criminal act Is defendant sane at time of criminal act Is Defendant sane after trial Is Defendant sane after trial Applies only if accused was insane at time of crime Applies only if accused was insane at time of crime

8. Insanity 3 possible verdicts Guilty Guilty Innocent Innocent Not guilty by reason of insanity: defense must produce evidence of a mental disease or defect. Not guilty by reason of insanity: defense must produce evidence of a mental disease or defect.

9. ENTRAPMENT Crime is committed, but defendant was persuaded to commit the crime by law enforcement. Crime is committed, but defendant was persuaded to commit the crime by law enforcement.

10. DURESS A person acts as a result of coercion or threat of danger to life. A person acts as a result of coercion or threat of danger to life.

11. NECESSITY A person reacts to a situation that is unavoidable in order to protect life. A person reacts to a situation that is unavoidable in order to protect life. Not a defense to homicide Not a defense to homicide

12. STEPS IN CRIMINAL PROCESS

13. PRETRIALPROCEEDINGS

14. ARREST Person is taken into custody and booked Person is taken into custody and booked Booking: record information about the person in Police record. Booking: record information about the person in Police record. Two ways to arrest Two ways to arrest Arrest warrant: Court order that was filed by the police and given by the judge allowing to take someone into custody Arrest warrant: Court order that was filed by the police and given by the judge allowing to take someone into custody

15. Probable Cause Probable Cause Reasonable belief that a person has committed a crime Reasonable belief that a person has committed a crime Warrant not needed (no time) Warrant not needed (no time) STOP AND FRISK: Stopping someone and talking to them and search them. Suspicious behavior, their safety.

16. Detaining a suspect Not arrested, but not free to go. Not arrested, but not free to go. Police can keep a suspicious person while investing a crime. Police can keep a suspicious person while investing a crime.

17. SEARCH AND SEIZURE AMENDMENT 4 We have a right to privacy “no unreasonable searches and seizures” We have a right to privacy “no unreasonable searches and seizures” Police have to follow rules: Police have to follow rules: Exclusionary rule: cannot use illegally obtained evidence in court. Exclusionary rule: cannot use illegally obtained evidence in court.

18. SEARCH WARRANT Court order allowing search of your property Court order allowing search of your property Given by Judge Given by Judge Police submit Affidavit (sworn statement of facts) to convince Judge there is a need to search. Police submit Affidavit (sworn statement of facts) to convince Judge there is a need to search.

19. SEARCH WARRANT NOT NEEDED Search with incident of lawful arrest: can search immediate area Search with incident of lawful arrest: can search immediate area Stop and Frisk: a person is behaving suspiciously Stop and Frisk: a person is behaving suspiciously Consent: Person voluntarily agrees Consent: Person voluntarily agrees Plain view: Object connected with crime is in plain view object can be seized Plain view: Object connected with crime is in plain view object can be seized

20. Hot pursuit: Can enter a building they see a suspect they have been chasing enter Hot pursuit: Can enter a building they see a suspect they have been chasing enter Vehicle searches: Probable cause to believe there is contraband or illegal items. Vehicle searches: Probable cause to believe there is contraband or illegal items. Emergency situations: bomb threats, kidnapping, etc. Emergency situations: bomb threats, kidnapping, etc. Border and Airport searches Border and Airport searches

21. INTERROGATIONS AND CONFESSIONS After the arrest a person is questioned by police (interrogation) After the arrest a person is questioned by police (interrogation) Right to remain silent Amendment 5: Protect from self-incrimination Right to remain silent Amendment 5: Protect from self-incrimination Can’t be forced to admit guilt Can’t be forced to admit guilt Amendment 6: Right to an attorney, speedy trial Amendment 6: Right to an attorney, speedy trial Miranda Rights: Miranda v. Arizona Miranda Rights: Miranda v. Arizona

22. ARRAIGNMENT Initial Appearance Initial Appearance First time person appears before a judge First time person appears before a judge Misdemeanor: person is told rights, charges, enters pleas, trial date set Misdemeanor: person is told rights, charges, enters pleas, trial date set Felony: Right, charges, trial date, bail determined and set. (plea bargain in pre-trial hearings) Felony: Right, charges, trial date, bail determined and set. (plea bargain in pre-trial hearings) Bail is paid before going to trial Bond: pay a % Bail is paid before going to trial Bond: pay a %

23. Bail: Money or property put up to assure the court the defendant will return for trial Bail: Money or property put up to assure the court the defendant will return for trial Get back if defendant shows up for trial Get back if defendant shows up for trial Bond: same as bail but paid by a bond company Bond: same as bail but paid by a bond company

24. INDICTMENT Preliminary hearing: screening device Preliminary hearing: screening device Felony cases Felony cases Grand Jury determines if there is enough evidence to go to court 16-23 people. Federal courts Grand Jury determines if there is enough evidence to go to court 16-23 people. Federal courts No guilt or innocence No guilt or innocence

25. Felony arraignment Person appears in court to enter pleas Person appears in court to enter pleas Plea bargaining Plea bargaining Guilty, not guilty Guilty, not guilty Nolo contendere: doesn’t admit guilt but doesn’t contest charges. = to guilty can’t be used as evident in later civil trial for damages Nolo contendere: doesn’t admit guilt but doesn’t contest charges. = to guilty can’t be used as evident in later civil trial for damages

26. PRE-TRIAL HEARINGS Motions: ask court to do something Motions: ask court to do something move trial, allow evidence, etc. move trial, allow evidence, etc.

27. TRIAL Official presentation of evidence and witnesses by both sides. Official presentation of evidence and witnesses by both sides. Adversary system Adversary system

28. DECISION Verdict: final decision of court is given Verdict: final decision of court is given

29. Sentencing Done in separate hearing Done in separate hearing Punishment for crime if convicted Punishment for crime if convicted

30. Sentencing, cont. Final phase of Justice Process Final phase of Justice Process Based on law Based on law Judge imposes (jury in some states) Judge imposes (jury in some states) Judges have to follow guidelines (can be flexible) Judges have to follow guidelines (can be flexible)

31. Factors in Sentencing Judge’s own theory of corrections Judge’s own theory of corrections Past criminal record Past criminal record Severity of crime Severity of crime Circumstances: Circumstances: Aggravating: something that makes the crime more severe Aggravating: something that makes the crime more severe Mitigating: something that lessens severity. Mitigating: something that lessens severity.

32. Possible sentences Fine Fine Probation Probation Restitution Restitution Incarceration Incarceration Capital Punishment Capital Punishment

33. Purpose of Sentencing Retribution: punish the person for the crime Retribution: punish the person for the crime Deterrence: Discourage future crime Deterrence: Discourage future crime Rehabilitation: Change a person’s behavior Rehabilitation: Change a person’s behavior Incapacitation: Physically separate from society Incapacitation: Physically separate from society

34. STEPS IN CIVIL PROCESS 1. Complaint: (Lawsuit): Plaintiff files paper claiming a civil wrong by the defendant 2. Answer: Defendant files paper denying claim of plaintiff and stating a defense in the case. 3. Pre-Trial Proceedings: Motions made by both parties 4. Trial: Evidence/witnesses presented by both sides. Case is argued

35. 5. Judgment: Court rules in favor of the plaintiff or defendant (find for) 6. Enforcement: Court orders the losing party to pay money or do something.

36. Trial U. S. uses adversary system U. S. uses adversary system 6 th Amendment: Due Process of Law 6 th Amendment: Due Process of Law

37. Due Process 1. Trial by Jury: Jury not required, but we have the right to a jury 1. Jury: group of people determine guilt 1. Federal jury must be 12 people 2. Public Trial: People are able to know what is going on in a court room. 3. Speedy Trial: Trial should begin as soon as possible and end in a reasonable time. Avoids keeping person waiting. May be waived. Both sides have time to prepare

38. 4. Informed of rights: the defendant must know rights in able to make informed decisions 5. Confront Witnesses: Defendant must be allowed to question witnesses against him and examine evidence against him. 6. No self-incrimination: 5 th Amendment: Person can’t be forced to confess or give evidence against himself. The defendant does not have to testify. 7. Right to an Attorney: all people have the right to an attorney

39. STEPS IN TRIAL 1. Opening Statements 2. Direct examination 3. Cross examination 4. Closing statements 5. Jury instructions 6. Deliberation 7. Verdict

40. Parole Being released early before your sentence is finished Being released early before your sentence is finished

41. Prisons: operated by Federal or State gov. Criminals more than one year Jails: local govt. less than one year.