1. Criminal Law Defenses
Lesson 5-2 Quiz Review

2. “NO” defendant is required to put on a defense
“What does it mean for a defendant to attempt to escape criminal liability?”
Put on a defense
“NO” defendant is required to put on a defense
They do not have to take the stand, call witnesses or do a thing

3. Beyond a Reasonable Doubt
Meaning the judge or jury is sure the defendant is guilty
“Innocent until proven guilty” meaning the defendant is already innocent
“What is the burden of proof for every criminal charge in this country?”

4. “Steps in criminal process”
Arrest
Arraignment
Plea (Guilty or not guilty)
Trial (If necessary)
Verdict
If guilty, “ONLY” the defendant can appeal the outcome
“Steps in criminal process”

5. “Difference between..” Procedural Substantive
Rights when arrested (Miranda Rights, right to attorney)
Objections during process
Right to appeal
Defense based on actually committing the crime or being charged properly
Self Defense, Insanity

6. A defense based on attempting to justify (Self- Defense), disprove (Didn’t commit the act) or excuse (Guilty but offered immunity) the criminal act
Substantive

7. Defenses based on problems with the way evidence was obtained (Illegal searches) or the way the accused was arrested, questioned, tried or punished (Process of arrest and trial in which defendants rights were violated)
Procedural

8. “Difference between..” Plea Bargain Immunity
A defendant agreeing to plead guilty to a lessor charge in exchange for the worse charge being dropped
Ex) Agreeing to plead guilty to 3rd degree shoplifting and having 2nd degree assault charges dropped
A defendant having the charges against them dropped in exchange for something else
Usually testifying against some other party or giving the prosecutor evidence

9. Defined as “Any action that hinders justice in a court”
Means someone within the court is not listening to the instructions of the judge or acting out in a way to waste time, create distractions or some other bad action
Contempt of Court

10. “MUST” answer all questions asked of them “Other than” anything asking them to admit guilt to a crime (5th Amendment rights)
Are subject to cross examination by other party
Can be subpoenaed (Forced to testify)
Witnesses

11. Police Investigations
Police only need “Reasonable Suspicion” to question a suspect
Once an official arrest is made, Miranda Rights must be read
To enter a property, police can ask, get a search warrant or enter under some emergency situation (Probable Cause)
Police Investigations

12. Questions??
Quiz in Class Tomorrow