1. Criminal Law
ESSENTIAL QUESTIONS Why does conflict develop? How can governments ensure citizens are treated fairly?

2. Crime - an act that breaks a law and causes harm to people or society in general
penal code - a state's written criminal laws

3. Types of Crime
Misdemeanor - the least serious type of crime; minor crime for which a person can be fined a small sum of money or jailed for up to a year
Felony - a type of crime more serious than a misdemeanor, such as murder, rape, kidnapping, or robbery
Usually a more serious punishment

4. Punishment for Crimes
In general, the more serious the crime is, the harsher the punishment.
Most criminal laws set minimum and maximum penalties for each type of crime.
This gives a judge some leeway in deciding sentences, or punishments, for each case because the circumstances of each case will differ.
Some prisoners become eligible for parole, or early release, after serving part of their sentence usually for good behavior.
If parole is granted, or allowed, the person must regularly report to a parole officer for the remainder of the sentence

5. The Purposes of Punishment
several purposes
simply to punish the person so he or she can pay back society.
protect society by locking up a dangerous person.
punishment serves as a warning to keep other people from committing crimes.
can help criminals change their behavior (rehabilitation)
Prisoners may take part in counseling, job training, and educational programs to help them gain skills they need to become responsible members of society after they are released.

6. Criminal Case Procedure
What are the legal procedures in a criminal law case?

7. At each step in a criminal case, the rights of the person suspected or accused of a crime are protected by the Bill of Rights.
government must follow the rules of due process to treat a suspect fairly.
In criminal cases, the government is the plaintiff.
called the prosecution. In this role, the government starts the legal process against the defendant.

8. Arrest and Booking
Criminal cases begin when police believe a crime has been committed.
police must gather enough evidence to convince a judge to order the arrest of the person they believe committed the crime.
judge then issues an arrest warrant.
warrant lists the suspect’s name and the crime.
When the police make an arrest, they must advise the accused of their Miranda Rights

9. The Preliminary Hearing
A short time after booking, the police must bring the suspect before a judge to be charged.
the prosecution must show the judge that they have probable cause—a good reason—for believing that the accused committed the crime.
If yes, the process continues.
judge explains the charges to the suspect.
If suspect cannot afford a lawyer, the judge appoints one.
If the crime is a misdemeanor, the suspect enters a plea at this time.
If the plea is guilty, the judge sentences him or her.
If the suspect pleads not guilty, the judge sets a date for a trial.
If the crime is a felony, the suspect enters no plea at this point.
the judge sets a date for a hearing to learn more about the case.
judge then either sends the accused back to jail or releases him or her on bail.
judge may choose to release the person on his or her own recognizance, or control. In this case, the suspect promises in writing to appear in court.

10. Indictment, Arraignment, and Pleas
The next step is to indict the accused, or charge him or her with the crime.
In many states, a grand jury must take this step.
Other states allow judges to do so.
judge may think the evidence against the accused is not strong enough to bring charges. If so, he or she will dismiss the case.
If the case is not dismissed, arraignment follows.
With a felony, the accused pleads guilty or not guilty at this point.
A guilty plea ends the case - judge will issue a sentence.
If the defendant pleads not guilty, the judge sets a date for the trial.
The prosecution and defense lawyers may discuss plea bargaining - the prosecution agrees to charge the defendant with a less serious crime in return for a plea of guilty. If the two sides reach an agreement, a trial is not needed.
Plea bargaining saves the government the time and expense of a trial.
For the defendant, it usually means a lighter sentence than if he or she were to be convicted of the original crime.
Most criminal cases end through plea bargaining.

11. The Trial Defendants in felony cases have a right to a jury trial.
However, can & most choose to be tried by the judge. If the defendant asks for a jury trial, the first step is to choose the jurors.
As the trial begins, the lawyers for each side make opening statements outlining their cases.
The prosecution presents its case, followed by the defense.
Each side offers evidence and calls witnesses.
After each witness testifies, the other side is allowed to ask questions. This second set of questions is called cross-examination.
After both sides have presented their case, each makes a closing statement.
judge instructs the jury, if there is one, by explaining how the law applies to the case.

12. The Verdict, Sentencing, and Appeals
If a jury is used, the members of the jury then go to a room to review the evidence and arguments given by the two sides in the case.
These deliberations, or discussions, are secret.
No time limit for reaching a verdict. Jurors can discuss the case as long as they need to.
the jurors vote on whether the defendant is guilty or not guilty.
Remember - American law is based on the idea that a person is innocent until proven guilty.
To find the accused guilty, the jury must be convinced beyond a reasonable doubt that the accused committed the crime.
In nearly all states, the vote must be unanimous. That is, every member of the jury must agree.
If a jury cannot reach a verdict, even after many votes, the judge will declare a mistrial.
A mistrial means no decision—the accused person is found neither guilty nor innocent.
The prosecution must then decide whether to try the defendant again.
If the defendant is found not guilty, he or she is set free. This outcome is called an acquittal.
If the verdict is guilty, the judge sets a court date for sentencing.