1. Criminal Law
What you need to know!!!

2. Today’s concepts Basic Rights of all citizens Your legal rights
Limits on rights
Types of crimes
Penalties for crimes
Purposes of criminal penalties

3. Legal Amendments 4th – Privacy 5th – GJ, DJ, ED, DP, SI
6th – speedy trial, cross examine, lawyer
8th – no excessive bail, no cruel & unusual
14th – equal protection

4. Your legal rights
Must be granted a writ of habeas corpus, which means you cannot be held without a hearing before a judge

5. Your legal rights
To be informed of the nature of the charges against them

6. Your legal rights
To be represented by an attorney (Gideon v. Wainwright)

7. Your legal rights
To refuse to answer questions that may be incriminating (5th Amendment and Miranda v. Arizona)

8. Your legal rights
To have grand jury hearing (16-23 citizens who hear evidence presented by the District Attorney and determine if there is enough evidence issue an indictment and go to trial)

9. Your legal rights
To have a trial by an impartial jury (petit jury—12 citizens who hear and decide guild or innocence). The accused can waive this right in favor of a bench trial in which there is no jury. Instead, the judge hears and decides the case

10. Your legal rights
To subpoena their own witnesses

11. Your legal rights
To appeal a verdict or sentence to a higher court

12. Your legal rights
To be free from a Bill of Attainder (a law that punishes a person accused of a crime without a trial or a fair hearing in court)

13. Your legal rights
To be free from ex post facto laws (laws that would allow someone to be punished for an action that was not a crime when it was committed—example: On May 1, a law is passed prohibiting the purchase of lottery tickets. On May 2, Bill is arrested for tickets he purchased on April 30.

14. Limits on rights
Government may establish laws or rules to restrict certain rights in order to protect the health, safety, security, and moral standards of the community.
this is part of the social contract that says that citizens agree to give up certain rights in order to get protection from the government.

15. Limits on rights
Rights may be limited to prevent one person’s rights from interfering with the rights of others.

16. Limits on rights
Restriction of rights must be equal and apply to everyone.

17. Types of crimes-against people
Assault—attack on a person for the purpose of causing injury
Homicide—killing someone
Murder—killing that is premeditated
Manslaughter—killing that happens unintentionally

18. Types of crimes-against property
Larceny—unlawful taking of property without using violence
Robbery—theft by force or threat of violence
Burglary—breaking and entering with the intent to commit a crime
Arson—setting fire to someone’s property
Vandalism (deliberate destruction of property)

19. White Collar Crime
White-collar Crime—crimes committed professionals who steal money from their employer or clients
Embezzlement—stealing from an employer
Fraud—taking property by dishonest means or misrepresentation. Example: convincing someone to invest in a non-existent gold mine

20. Victimless crimes unauthorized gambling, use of illegal drugs,
prostitution

21. Crimes against the government
Treason
1.the offense of acting to overthrow one's government or to harm or kill its sovereign.
2.a violation of allegiance to one's sovereign or to one's state.
3.the betrayal of a trust or confidence; breach of faith; treachery.
Terrorism

22. Penalties for Crimes
Indeterminate sentence-judge uses guidelines to give maximum and minimum years of a sentence
example: first degree murder could get 25 years to life & convict could be released after completing the minimum sentence

23. Penalties for Crimes
Determinate sentence—judge uses guidelines to give specific period of time for sentence and early release is not possible

24. Penalties for Crimes
Mandatory sentence—judge must impose a sentence established by law

25. Penalties for Crimes
Restitution—when the those convicted of a crime must repay the victim for damages caused

26. Penalties for Crimes
Community Service

27. Penalties for Crimes
Probation

28. Penalties for crimes Suspended Sentence
Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation.
It is the passing of the sentence, not the sentence itself, that is being suspended.
This means that if the person is convicted of another offence during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offense
It is common practice for judges to hand down a suspended sentence to first-time offenders who have committed a minor crime, and for prosecutors to recommend a suspended sentence as part of a plea bargain

29. Where to serve sentences
Minimum Security Prison
Maximum Security Prison
Medium Security Prison
Halfway House
House Arrest

30. Purposes of criminal penalties
Punishment
Protection
Deterrence
Rehabilitation