1. Criminal Law and Procedure
Chapter 4

2. Crime A crime is a punishable offense against society.
So if you commit a crime, it is the intention of the court to catch and punish you.
Punishment is not made to remedy the wrong, but rather to discipline the wrongdoer.

3. Elements
Everyone has a DUTY to know the law and act accordingly. So the lawyer prosecutes based on a certain statute.
They then prove you violated or BREACHED your duty.
Then they must prove that you
Intended to commit the act
Intended to do evil (Falling versus punching)

4. Elements of a Crime These 3 things must be proven:
That you were aware of your duty to do or not to do a certain thing
Whether you performed an act or omission in violation of that duty
Whether or not you had criminal intent

5. Example
Read “What’s Your Verdict” on page 65

6. 2 types of crimes
Felony (more serious) punishable by jail time of more than one year in a state prison, or by a fine of $1000 or more, or BOTH.
Misdemeanor (less serious) punishable by jail time of less than one year in a county or city jail, or fine, or BOTH

7. Business Related Crimes or White Collar Crimes
Courts tend to be more lenient with these because there is no physical harm done
Punishments are typically fines or short prison terms

8. Check textbook (pages 68-70 for more information)
Crimes
Larceny – theft, burglary
Receiving Stolen Property
False Pretenses - fraud
Forgery
Bribery
Computer Crime
Extortion
Conspiracy
Arson
Check textbook (pages for more information)

9. Knowingly aiding
If you knowingly aid a criminal (act as lookout, or help plan the crime), even if you don’t perform the act you can be found guilty as if you committed the crime yourself.
Businesses – employees and managers

10. Your Rights in a Criminal Case
Right to a lawyer
To be convicted the evidence must establish guilt “beyond a reasonable doubt”
Trial by Jury

11. What defenses do you have?
Procedural- problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished.
Substantive- disprove, justify, or excuse the alleged crime. (Self-Defense, criminal insanity, and immunity are examples)

12. Criminal Procedure
It is a question of Probable Cause – a reasonable ground for belief
“What’s Your Verdict?” – page 71
Global Issues – page 71

13. Substantive Defenses
What’s Your Verdict – page 72 In This Case – page 73 Self Defense - page 73

14. Contempt of Court Judge declares I will hold you in contempt
Means your actions are hindering the administration of justice
Crime punishable by imprisonment

15. Plea Bargaining An agreement to confess to a less serious crime
Why would you do this?

16. Assignment
Read pages – learn the procedures for a criminal trial.
On the back of your notes page, prepare an outline the procedures
Pre-trial Criminal Procedure
Preparations for Trial
Procedure at Trial