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American Criminal Law Presented to: University of Belgrade Faculty of Law March 2011 Presented by: Judge Dale A. Crawford Columbus, Ohio judgedac@sbcglobal.net
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Criminal Law
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Sources of the Criminal Law
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By Agreement (Twelve) District Court of Appeals Ohio Supreme court 7 Justices Court of Claims County Court Common Pleas Court Municipal Court Mayors Court Small Claims United States Supreme Court 9 Justices Military Court of Appeals 13 Circuit Court of Appeals United States District Court Bankruptcy Court Bankruptcy Panels Special Courts Tax, Claims, etc. Court Systems ELECTED 6 YR TERM Elected OR Appointed Mayors Court not of record Traffic & Misc. Civil Proceedings 0-$3,000 $1,000 Counter claim $1,500 $10,000-25,000 Misdemeanors Elected 6 YR Term Appointed by Chief Justice Appointed Life OHIO UNITED STATES Appointed Term Appointed Life Appointed Life Appointed Terms Judges appointed by circuit Court – 14 YR Term $500- Unlimited Felonies
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Jurisdiction - Venue
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Limitations on Criminal Law
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Limitations (Cont.)
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Purposes & Principles of Criminal Law
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General Felony - 6 years Rape,Arson and Kidnapping - 20 years Murder - none Misdemeanor - 2 years Minor Misdemeanor ( traffic ticket ) - 6 months Ohio
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Elements
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Elements (Cont.)
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Strict Liability
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Burden of Proof (Prosecutors)
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Defenses
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Preponderance of the Evidence
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Defense (Cont.)
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Insanity
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Pleas
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Jury Trial
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Jurors
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Sentencing
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Death Penalty
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Crimes - Categories Offenses Against Family Offenses Against Justice Conspiracy, Attempt & Complicity Weapons Control Drugs Watercraft & Wildlife Traffic – Alcohol DUI
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Criminal Case Arrest Complaint Arraignment Guilty Not Guilty Record Hearing Jury Pretrial Guilty Not Guilty Case Dismissed Trial Sentence Jail Probation Fine-Restitution Community Service House Arrest Any Combination Misdemeanor (Municipal Court) Felony Arrest [Municipal Court] Not GuiltyArraignment Preliminary Hearing No Bind Over Bind Over Case Dismissed Grand Jury Common Pleas Court No Bill True Bill Case Dismissed Plea Not Guilty Guilty PretrialTrial Guilty Not Guilty Case Dismissed Pre Sentence Investigation SentencePrison (& Fine) Probation Fine-Restitution Community Service House Arrest TreatmentAny combination Shock Parole Shock Probation Parole
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Appeals
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