1. Criminal Justice Process
U.S. LEGAL SYSTEM
Criminal Justice Process

2. TYPES OF LAWS COMMON STATUTORY Judge-made law Originated in England
Laws made by legislative bodies
Criminal and civil

3. TYPES OF LAWS CONSTITUTIONAL Laws in the Constitution ADMINISTRATIVE
Laws made executive agencies

4. Types of statutory laws
Criminal & Civil
Types of statutory laws

5. Definition Civil Law Criminal Law
Crime against the government (breaks a law) or society;
(also known as penal law) is the body of law that deals with crime and the legal punishment of criminal offenses.
Disputes between individuals
disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

6. Cases Filed By: Civil Law Criminal Law
Local, state or national government
For example:
US v. Pedigo or
GA v. Stewart
Individuals / Private party
For example:
Mays v. Morehouse or
NAACP v. Shaw Industries

7. Types: Civil Law Criminal Law Felonies Misdemeanors Torts Contracts
more serious crimes,
punishable by a prison sentence of more than a year
Misdemeanors
Less serious and dealt with more leniently; with
sentences of a fine, probation or a jail sentence
less than a year.
Torts
Contracts
Property
Family law

8. Beyond a reasonable doubt (what does most of the evidence prove?)
Burden of Proof:
Criminal Law
Civil Law
Beyond a reasonable doubt
Burden of proof is always on the state/government.
Preponderance
of evidence
(what does most of the evidence prove?)
Burden of proof is initially on the plaintiff and then switches to the defendants.

9. Examples: Civil Law Criminal Law Theft Assault Robbery Murder
trafficking in controlled substances
Rent agreements
Divorce
Child custody
Property disputes/damages
Personal injuries

10. Punishments Civil Law Criminal Law incarceration in a jail
fine paid to the government
probation
In exceptional cases, death penalty
never incarcerated
never executed
only reimburses the plaintiff for losses caused by the defendant’s behavior
Either party (plaintiff or defendant) can be found at fault.

11. Appeal Civil Law Criminal Law Only the defendant may appeal
Prosecution cannot appeal if the defendant is found not guilty (double jeopardy)
Either party may appeal

12. What is CRIME? Brainstorm with a Neighbor
Come up with your definition and be prepared to share it with the class

13. General Legal Definition of “Crime”
A legal wrong committed against the interest of all the people of a state
An act prohibited by criminal law

14. Three Basic Elements of Any Crime
Criminal Intent
(Mental Element)
Criminal Conduct
(Act)
CRIMES
HARM

15. Three Basic Elements of Any Crime
Criminal Intent
(Mental Element)
Criminal Conduct
(Act)
CRIMES
HARM

16. Three Basic Elements of Any Crime
Mens Rea:
The Guilty Mind
Prosecution must prove that the accused intended to commit a criminal act
Criminal Intent
(Mental Element)
Criminal Conduct
(Act)
CRIMES
HARM

17. Three Basic Elements of Any Crime
Actus Reus:
The Guilty Act
Bad thought alone cannot constitute a crime, there must be an act, or an omission to act where there is a legal duty to act.
Three Basic Elements of Any Crime
Criminal Intent
(Mental Element)
Criminal Conduct
(Act)
CRIMES
HARM

18. Three Basic Elements of Any Crime
Concurrence of Intent & Act = Harm
The actus reus and mens rea must be present if a crime is to occur.
The law requires the offender’s conduct must be the approximate cause of any harm resulting from the criminal act.
Criminal Intent
(Mental Element)
Criminal Conduct
(Act)
CRIMES
HARM

19. Why Punish Criminals? Brainstorm with a Neighbor
Come up with your answer and be prepared to share it with the class

20. Why we as a society punish wrongdoers:
Rehabilitation:
To make the wrongdoer a contributing member of society.
Incapacitation:
To remove the wrongdoer from society.
Retribution:
To take revenge against the wrongdoer.
Deterrence:
To discourage a person from committing a crime

21. Basic Principle of the U.S. Legal System
Presumption of Innocence
Anyone charged with a criminal offense is presumed to be innocent till proven guilty
The prosecution must prove guilt; the defense does not need to establish innocence.