1. Criminal Law and Procedures
CHAPTER 13
Criminal Law and Procedures

2. Introduction Criminal cases are prosecuted by public prosecutors
Chief public prosecutor in federal criminal cases is called a U.S. attorney
Most trials are conducted by assistant U.S. attorneys
Some court-appointed defense lawyers work for organizations funded by the states, and are called public defenders

3. Defining Crime Key Differences between Civil Law and Criminal Law
A crime is an offense against society as a whole
Criminal defendants are prosecuted by public officials on behalf of the state
Statutory basis
Criminal law is primarily statutory law
Learning Objective: The difference between crimes and other wrongful acts.

4. Defining Crime Key Differences between Civil Law and Criminal Law
Standards of proof
State must prove its case beyond a reasonable doubt
Victimless crimes
Criminal act does not necessarily involve a victim
Learning Objective: The difference between crimes and other wrongful acts.

5. Defining Crime

6. Defining Crime Civil Liability for Criminal Acts
Classifications of Crimes
Felonies
Serious crime that may be punished by imprisonment for more than one year
Four degrees of felonies
Misdemeanors
Crime that may be punished by incarceration for not more than one year
Petty offenses

7. Defining Crime Jurisdiction over Crimes
State statutes define crimes, states have jurisdiction
Federal jurisdiction extends to thousands of crimes
Federal criminal jurisdiction applies to crimes that
Occur outside jurisdiction of any state
Involve interstate commerce or communications
Interfere with operation of federal government
Are directed at citizens or property located outside the United States

8. Elements of Criminal Liability
To Be Convicted of a Crime, Two Elements Must Exist
Performance of a criminal act
Specified state of mind, or intent
The Criminal Act
Actus reus, guilty act
State of Mind
Mens rea, wrongful mental state
What constitutes the wrongful mental state varies according to the action
Learning Objective: The two elements that are required for criminal liability and some of the most common defenses that are raised in defending against criminal charges.

9. Elements of Criminal Liability
Corporate Criminal Liability
Corporation may be held liable for crimes committed by its agents and employees
Responsible corporate officer doctrine

10. Elements of Criminal Liability
Defenses to Criminal Liability
The required mental state is lacking
Protection of persons or property
Defense of others
Defense of property
Statutes of limitations
Other defenses
Mistaken identity
Alibi

11. Types of Crimes Violent Crime Property Crime Crimes against persons
Each violent crime is further classified by degree
Property Crime
Burglary
Larceny
Obtaining goods by false pretenses
Learning Objectives: Major categories of crimes and some common types of crimes.

12. Types of Crimes Property Crime Public Order Crime
Receiving stolen goods
Arson
Forgery
Public Order Crime
Crimes that are contrary to public values and morals
Learning Objectives: Major categories of crimes and some common types of crimes.

13. Types of Crimes White-Collar Crime Embezzlement Mail and wire fraud
Bribery
Bankruptcy fraud
Theft of trade secrets
Insider trading

14. Types of Crimes Organized Crime Money laundering
The Racketeer Influenced and Corrupt Organization Act (RICO)

15. Cyber Crimes
Cyber crimes are not “new” crimes; they are existing crimes in which the Internet is the instrument of wrongdoing
Cyber Theft
Financial crimes
Identity theft
Cyberstalking
Hacking
Prosecuting Cyber Crimes
Jurisdiction issues are challenging

16. Social Media and Criminal Justice
Use of Social Media
Criminals are using social media to seek out victims and organize group criminal activity
Flash mobs
Law enforcement agencies are expanding their use of social media in solving crimes
Smartphones and social media sites
FBI’s YouTube channel
MySpace

17. Social Media and Criminal Justice
Proper Evidence
Paralegals must determine whether information about clients can be protected from police investigators
Does evidence deserve privacy protection?
Password protection
Reasonable expectation of privacy
Reasonable suspicion or probable cause to investigate
Evidence is reliable representation

18. Constitutional Safeguards
Safeguards in the Bill of Rights
Fourth Amendment
Prohibits unreasonable search and seizure
Requires showing of probable cause
Fifth Amendment
Due process of law
Prohibits double jeopardy
Privilege against compulsory self-incrimination
Learning Objective: The constitutional rights of persons accused of crimes.

19. Constitutional Safeguards
Safeguards in the Bill of Rights
Sixth Amendment
Speedy and public trial
Trial by jury
Right to confront witnesses
Right to a lawyer at various stages
Eighth Amendment
Prohibits excessive bail and fines
Prohibits cruel and unusual punishment

20. Constitutional Safeguards
The Exclusionary Rule
All evidence obtained in violation of rights is excluded from trial
Fruit of the poisonous tree
Deters warrantless searches and other misconduct
Can lead to injustices
Defendant can “get off on a technicality”

21. Constitutional Safeguards
The Miranda Rule
Miranda v. Arizona (1966)
Arrested individuals must be informed of their rights
Right to remain silent
Right to counsel
Miranda warning
Not required until after in custody

22. Constitutional Safeguards

23. Criminal Procedures Prior to Prosecution
Arrest and Booking
Detention is not an arrest
Probable cause
A crime was committed
The individual committed the crime
Warrants
Arrest warrant
Search warrants
When warrant is not needed
Learning Objective: The basic steps involved in criminal procedure from the time a crime is reported to the resolution of the case.

24. Criminal Procedures Prior to Prosecution
Investigation after the Arrest
Find and interview witnesses
Conduct searches (suspect’s home, car, etc.)
Witnesses may view suspect in a lineup
May decide to change the offense
May release suspect with a warning or referral to a social service agency

25. The Prosecution Begins
Prosecutorial Discretion
Prosecutors have broad discretion
Decide whether to pursue a case, what charges to file
Resources are limited
Allege as many offenses as possible
Greater likelihood of a conviction
Defendant may plead guilty to one in exchange for having others dropped
Formally charges person before the court
Learning Objective: How and why criminal litigation procedures differ from civil litigation procedures.

26. The Prosecution Begins
Complaint and Initial Appearance
Complaint is statement of charges being brought
Initial appearance
Defendant taken before judge or magistrate
Bail
Amount paid by defendant to court
Insurance that defendant will show up as promised
Bail bondsperson posts bail on defendant’s behalf, usually receives 10% of bail amount

27. The Prosecution Begins
Preliminary Hearing
Judge determines whether evidence is sufficient to establish probable cause
First adversarial proceeding
Paralegals may assist in preparation
Information may be issued
Formal charge against defendant

28. The Prosecution Begins
Grand Jury Review
Required by federal government, about half of states
Group of citizens called to determine probable cause
Indictment
Decision that probable cause exists
Also called a true bill

29. The Prosecution Begins
Arraignment
Defendant informed of charges
Must respond with a plea
Guilty
Not guilty
Nolo contendere
Plea bargaining

30. The Prosecution Begins
Pretrial Motions
Motions to suppress
Motions to dismiss
Other common motions
Motion for a change of venue
Motion to rescue
Motion to sever

31. The Prosecution Begins
Discovery
Criminal discovery is generally more limited
Time constraints are different from civil litigation
Prosecutor must hand over all evidence
States vary on defense requirements to disclose
Protection from self-incrimination

32. The Trial Only a small fraction of criminal cases go to trial
Most defendants plead guilty to offense or lesser offense prior to trial
Both sides have incentive to negotiate a plea
Most criminal trials last less than a week
A few major procedural differences between criminal trials and civil trials

33. The Trial The Presumption of Innocence
Prosecutor bears burden of proving defendant guilty
High standard of proof
The Privilege against Self-Incrimination
Defendant does not have to testify at trial
The Right to a Speedy Trial
The Requirement for a Unanimous Verdict
Jury verdict must be unanimous for acquittal
Hung jury

34. The Trial Sentencing Limited role of jury Range of penalties
Jury not involved in sentencing unless death sentence is sought
Range of penalties
Most criminal statutes set forth a maximum and minimum penalty for a violation
Incarceration
Probation
Combination of penalties
Types of probation

35. The Trial
Diversion
Appeal

36. Summary Crimes are distinguished from civil wrongs in several ways
Those who commit crimes may be subject to both criminal and civil liability.
Crimes fall into two basic classifications: felonies and misdemeanors.

37. Summary
Most crimes fall under state statutes and state prosecution, but there is a long list of federal criminal acts, too.
For criminal liability to exist, the state must meet certain standards of proof.
The five traditional major categories of crimes are violent crime, property crime, public order crimes, white-collar crime, and organized crime.

38. Summary
Cyber crimes are crimes that are committed with computers and occur in cyberspace. Social media tools are being used increasingly by law enforcement authorities. Criminals are also making greater use of social media tools.
Specific procedures must be followed in arresting and prosecuting a criminal suspect to safeguard the suspect’s constitutional rights.

39. Summary
The initial procedure undertaken by the police after a crime is reported or observed includes steps that must be followed properly in order for a case to proceed.
Police make a report of the alleged crime to a public prosecutor. The prosecutor decides, based on a review of the evidence, if the case should proceed or the accusations be dropped.

40. Summary
Most criminal cases are settled before they get to trial. Most criminal trials last less than one week and are similar to civil trials, except in a few major ways.