1. Criminal Law

2. Objective: Students will be able to:  Evaluate info given during a civil law case and determine the award.  Explain what criminal law is, identify the process and key players involved in criminal law. Warm-Up: 1. This term describes negligence involving careless or reckless behavior. A. Felony B. Tort C. Injunction D. Implied contract 2. Explain what preponderance of evidence means.

3. Define: Criminal Law Definition: One in which the state brings charges against a citizen for breaking the law. Key Words: Crime, Illegal, Unlawful

4. Criminal Law Definition: Law dealing with crimes and their punishments. Who decides the cases? 1.Judge - Decides sentence 2.Jury (Petit Jury) – Decides guilt or innocence 3.Grand Jury – Decides if there is enough evidence for trial to take place. Which parties are involved? 1.Prosecution (good guy) 2.Defendant (bad guy)

5. Criminal Law How can cases be decided without a jury? Plea Bargaining – pleading guilty to a lesser charge in exchange for lenient sentence (done between prosecutor and defense attorney). What are the types of cases? 1.Misdemeanors – Less serious offences (trespassing, simple assault) 2.Felonies – Serious crimes (rape, murder)

6. Criminal Law Steps in Court Case 1. Investigation, arrest & booking. 2. Initial Appearance – Know charges against you and set bail. 3. Grand Jury – Indictment (formally charge of crime) 4. Arraignment – Plead guilty or not guilty. 5. Plea Bargaining 6. Trial 7. Verdict – Petit Jury 8. Sentence – By Judge

7. Criminal Law What is the burden of proof? Proof beyond reasonable doubt- Must believe the defendant is 100% guilty (if not verdict must be not guilty). Who has the burden of proof? Prosecution Possible Punishments 1.Jail 2.Fine 3.Community Service 4.Probation 5.House Arrest

8. 1. The prosecutor in a criminal case is the person who? A. Represents defendant B. Represents the government C. Serves as head of the jury D. Presides as judge

9. 1. The prosecutor in a criminal case is the person who? A. Represents defendant B. Represents the government C. Serves as head of the jury D. Presides as judge

10. 2. Which of these is an example of plea bargaining? A. A jury determines the sentence for a person convicted of a crime. B. A police officer collects evidence to obtain a search warrant. C. A judge reviews evidence to determine weather a police officer violated a citizen’s rights. D. A defendant admits guilt to a less serious charge instead of being tried for a more serious one.

11. 2. Which of these is an example of plea bargaining? A. A jury determines the sentence for a person convicted of a crime. B. A police officer collects evidence to obtain a search warrant. C. A judge reviews evidence to determine weather a police officer violated a citizen’s rights. D. A defendant admits guilt to a less serious charge instead of being tried for a more serious one.

12. 3. What is the purpose of an indictment? A. To formally charge a person with a crime B. To advise a person of the right to remain silent C. To sentence a person who is convicted D. To decide weather a person is guilty or not guilty

13. 3. What is the purpose of an indictment? A. To formally charge a person with a crime B. To advise a person of the right to remain silent C. To sentence a person who is convicted D. To decide weather a person is guilty or not guilty

14. 4. Which of these is required by a judge before police can obtain a search warrant? A. Probable cause linking the person to the crime B. Reasonable doubt no other person is responsible C. Plea bargaining to reduce charges D. A preponderance of evidence against the accused person

15. 4. Which of these is required by a judge before police can obtain a search warrant? A. Probable cause linking the person to the crime B. Reasonable doubt no other person is responsible C. Plea bargaining to reduce charges D. A preponderance of evidence against the accused person

16. BCR  What is the difference between “preponderance of evidence” in a civil case and “reasonable doubt” in a criminal case?  Should there be different standards of proof? Why or why not?  Include details to support your answer.