1. Criminal Law Chapter 16 Section 2

2. Types of Crimes Murder- killing someone Murder- killing someone Rape- forced sexual acts Rape- forced sexual acts Kidnapping- abduction Kidnapping- abduction of someone Assault- physical harm to someone Assault- physical harm to someone Vandalism- destruction of property Vandalism- destruction of property Arson is with fire Arson is with fire Larceny- stealing property Larceny- stealing property Shoplifting is from a store Shoplifting is from a store Robbery is from a person’s Robbery is from a person’spossession Burglary is breaking in and stealing Burglary is breaking in and stealing Trespassing- being on someone else’s property Trespassing- being on someone else’s property

3. Types of Crime cont White Collar- nonviolent acts for personal gain ($) White Collar- nonviolent acts for personal gain ($) Fraud- lying to gain money Fraud- lying to gain money Tax Evasion- lying about or Tax Evasion- lying about or not paying taxes Embezzlement- stealing Embezzlement- stealingmoney Identity Theft- stealing Identity Theft- stealing someone’s identity Victimless- acts that do Victimless- acts that do not hurt another person (Ex. Drug Use or Gambling) Government- acts that hurt the country Government- acts that hurt the country (Ex. Terrorism, Treason or Espionage/Spying) Misdemeanor- minor crime Felony- major crime Misdemeanor- minor crime Felony- major crime

4. Purpose Make criminal pay for the offense Make criminal pay for the offense Protect society from Protect society from the criminal Warn others not to Warn others not to commit crimes (or they will face similar punishment) Rehabilitate criminal Rehabilitate criminal to return to society

5. Arrest Suspect is arrested for committing crime Suspect is arrested for committing crime Suspect is taken to a police station and booked (charged), gives fingerprint and photograph (mug shot), and allowed to call a lawyer Suspect is taken to a police station and booked (charged), gives fingerprint and photograph (mug shot), and allowed to call a lawyer

6. Hearing Defendant is taken to Defendant is taken to court and the prosecution must show probable cause the suspect committed the crime The judge either: The judge either: sends the defendant back to jail (without bail) until the trial sends the defendant back to jail (without bail) until the trial sets bail for the defendant (if they pay they leave until trial, if not they stay in jail until trial) sets bail for the defendant (if they pay they leave until trial, if not they stay in jail until trial) releases the defendant without bail until trial releases the defendant without bail until trial

7. Indictment Using a grand jury to formally charge the defendant with the crime Using a grand jury to formally charge the defendant with the crime Only used in some felony cases Only used in some felony cases

8. Arraignment Defendant appears in court and is formally presented with the charges Defendant appears in court and is formally presented with the charges Defendant is given a lawyer if he/she cannot afford one (public defender) Defendant is given a lawyer if he/she cannot afford one (public defender) Defendant must enter a plea of either: Defendant must enter a plea of either: Not guilty- the case continues Not guilty- the case continues Guilty- the case stops and the judge determines punishment Guilty- the case stops and the judge determines punishment No contest- does not admit guilt, but the case stops and the judge determines punishment No contest- does not admit guilt, but the case stops and the judge determines punishment

9. Pre Trial Lawyers check facts, gather evidence, and interview witnesses Lawyers check facts, gather evidence, and interview witnesses Plea Bargaining- pleading guilty to a lesser crime for a lesser punishment and avoid trial Plea Bargaining- pleading guilty to a lesser crime for a lesser punishment and avoid trial Subpoena- Subpoena-documentrequestingsomeone appear in court

10. Jury Selection Lawyers impanel (select) 12 jurors Lawyers impanel (select) 12 jurors Residents are randomly called for jury duty and lawyers pick from the group Residents are randomly called for jury duty and lawyers pick from the group Either side can dismiss jurors for any reason Either side can dismiss jurors for any reason

11. Trial Lawyers for each side Lawyers for each side make opening statements outlining the case Prosecution presents Prosecution presents its case, then the defense presents its case Each side may present evidence and witnesses Each side may present evidence and witnesses Testimony- answers given under oath Testimony- answers given under oath Cross-examine- after a witness testifies for one side, the other is allowed to ask questions (in hopes to show they are not being truthful) Cross-examine- after a witness testifies for one side, the other is allowed to ask questions (in hopes to show they are not being truthful)

12. Trial cont Perjury- lie under oath Perjury- lie under oath Each side presents Each side presents closing arguments detailing why they are the truth Bailiff- sheriff keeping Bailiff- sheriff keeping order in the courtroom Contempt of Court- Contempt of Court- anything to hinder the trial, you can be held in jail

13. Deliberation Jurors deliberate in secret with no time limit to unanimously decide whether the defendant is guilty or not Jurors deliberate in secret with no time limit to unanimously decide whether the defendant is guilty or not Prosecution must Prosecution must convince jurors the defendant is guilty “beyond a reasonable doubt” (99.9% sure, if not must vote not guilty)

14. Deliberation cont Sequestered- keeping the jury away from the public Sequestered- keeping the jury away from the public Hung Jury- jury that cannot reach a verdict (must have a retrial) Hung Jury- jury that cannot reach a verdict (must have a retrial) Acquittal- not guilty Acquittal- not guilty vote and defendant is released If the jury votes If the jury votes guilty the defendant will be sentenced

15. Sentencing Each case is unique and judges make different Each case is unique and judges make different sentences for similar crimes (considers family life, criminal record, etc.) Victims are usually Victims are usually allowed to make statements to the judge

16. Types of Sentences Probation- supervised release Probation- supervised release Suspended Sentence- sentence that can be served in parts over a period of time Suspended Sentence- sentence that can be served in parts over a period of time Home Confinement- serve sentence at home Home Confinement- serve sentence at home Monetary Sentence- pay damages (restitution) Monetary Sentence- pay damages (restitution) Work Release- allowed to Work Release- allowed to work but must return to prison at night and weekends Imprisonment- confined Imprisonment- confined to prison to serve sentence Death- sentenced to die Death- sentenced to die Parole- early release from prison with restrictions (meeting with parole officer until sentence expires) Parole- early release from prison with restrictions (meeting with parole officer until sentence expires)

17. Appeal Nearly all cases are appealed to a higher court if rights were violated Nearly all cases are appealed to a higher court if rights were violated