1. Introduction to U.S. Criminal Law
Class #1

2. Course blog: https://uslawcourse.wordpress.com/
Contact information:
Course blog:
Grading: Oral presentation (25%), mid-term exam (25%), final exam (50%)
Class every Monday, 5pm-7pm, room 236
NO CLASS on: February 13, March 6, March 13, April 10
One catch-up class to be scheduled (DoodlePool)
Read the assigned cases before class and be ready to discuss them

3. What is a crime?
Definition: « an act committed in violation of a law prohibiting it, or omitted in violation of a law ordering it »
Elements?
Criminal act or omission to act
Illegality = violation of a criminal law (federal & State law)
Criminal intent

4. Criminal law and criminal procedure
Criminal law => rights and obligations of individuals in society
Criminal procedure => the enforcement of individuals’ rights during the criminal process

6. Civil law and criminal law
Civil law: the body of law having to do with the private rights of individuals
Criminal law: regulations enacted and enforced by government action
Two different trials, two different results: the O.J. Simpson trials

7. Classification of crimes

8. The purposes of punishment
Specific or general deterrence?
Incapacitation?
Rehabilitation?
Retribution?
Restitution?

10. Administrative law and ordinances
Sources of law
Constitutional law
Model Penal Code
Statutory law
Administrative law and ordinances
Case law

11. Criminal procedure: Burden of proof
Burden of proof: a party’s responsibility to prove a disputed charge, allegation, or defense
Two components:
Burden of production
Burden of persuasion
Trier of fact determines whether a party met the burden of proof at trial.
Burden of proof in a criminal prosecution is the most challenging burden of proof in law: it is beyond a reasonable doubt.
“[W]hat is reasonable doubt? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.” Commonwealth v. Webster, 59 Mass. 295, 320 (1850)

13. Criminal procedure: inference and presumption
Inference: a conclusion that the judge or jury may make under the circumstances. An inference is never mandatory but is a choice.
Presumption: a conclusion that the judge or jury must make under the circumstances.
Presumptions can be rebuttable or irrebuttable.
Rebuttable presumption: presumption of innocence
Irrebuttable presumption (in some States): children under the age of seven are incapable of forming criminal intent

14. Criminal procedure: circumstancial and direct evidence
Circumstantial evidence of the burglary
Direct evidence of the burglary
Fiber from the defendant’s coat found in a residence that has been burglarized
GPS evidence indicating that the defendant drove to the burglarized evidence
Testimony from an eyewitness that she saw the defendant go into the backyard of the burglarized residence
Surveillance camera footage of the defendant purchasing burglar tools
Cell phone photograph of the defendant burglarizing the residence
Witness testimony that the defendant confessed to burglarizing the residence
Pawn shop receipt found in the defendant’s pocket for items stolen from the residence

15. Opening statements
An opening statement is generally the first occasion that the trier or fact (jury or judge) has to hear from a lawyer. It is generally constructed to serve as a « road map » for the fact-finder.
Open statements are, in theory, not allowed to be argumentative, or suggest the inferences that fact-finders should draw from the evidence they will hear.