Post on 23-Dec-2015
U.S. Government
Chapter 15 Section 3
CRIMINAL LAW
WARM UP • http://www.youtube.com/watch?v=GQeKLospZI8
• List 3-5 things you know or would like to learn about criminal law?
CRIMINAL LAW• In criminal law cases, the government charges someone with a crime and is always the
prosecution.
• A crime is an act that breaks government laws and causes injury or harm to people or society in general.
• *Sometimes a crime can be not doing something that a person may be required by law to do.
• Most crimes in the U.S. break state laws and are tried in state courts
• Federal crimes break federal laws and are tried in federal courts
• The criminal justice system is responsible for enforcing criminal law. This system includes state and federal courts, judges, lawyers, police, and prisons.
• Crimes committed by minors are handled by a separate juvenile justice system
• What are some examples of state/federal crimes?
TYPES OF CRIME• Petty Offenses: minor crimes that results in citations or tickets rather than arrest.
Ex: littering, disturbing the peace, minor trespassing, driving above speed limit
• Misdemeanors: more serious crimes that, if found guilty, result in arrest, fine, sentence to jail usually for a year or less.
Ex: vandalism, simple assault, stealing inexpensive items, being drunk & disorderly
• Felonies: serious crimes that are punishable by imprisonment for a year or more.
Ex: kidnapping, arson, rape, fraud, forgery, manslaughter, or murder
*Murder crimes can result in a death punishment
*conviction of felonies may also result in the loss of certain civil rights like voting, owning a firearm.
STEPS IN CRIMINAL CASES: 1. INVESTIGATION AND ARREST• Police suspect a crime has been committed and start investigation to gather evidence and
obtain an arrest warrant.
• A valid arrest warrant has the suspect’s name and alleged crime
• Arrest can occur without a warrant if the police catch someone in the act of committing a crime or if they have reasonable suspicion a person has committed a crime.
• Person is taken to a police station and charges are recorded/booked.
• Peron can be legally fingerprinted, photographed without a lawyer but they can choose to not answer any questions without an attorney present.
STEPS IN CRIMINAL CASES: 2. INITIAL APPEARANCE• When someone is arrested he/she must be brought before a judge as quickly as possible
(usually within 24 hours) to be formally charged with a crime.
• Judge explains charges to the person and their rights.
• If the crime is a misdemeanor the defendant may plead guilty and the judge will decide on a penalty. If defendant pleads not guilty the judge sets a trial date.
• When the crime is a felony, the judge rather sets a preliminary hearing instead of a plea
• The judge may also decide if the suspect will be released, with or without bail, or held in custody .
STEPS IN CRIMINAL CASES: 3. PRELIMINARY HEARING OR GRAND JURY
• This step varies from state to state.
• In federal courts and some state courts, cases will go to a grand jury, a group of citizens that will decide if there is enough evidence to hand up an indictment (formal criminal charge).
• Grand jury hearings are conducted secretly, not a trial, no legal representation.
• Grand juries are not used very much, are replaced with an information (prosecution asserts there is enough evidence to go to trial)
OR• A preliminary hearing may be used instead of a grand jury indictment.
• Prosecution presents case to the judge.
• The defendant’s lawyer may represent defendant.
• if the judge believes there is a probable cause that the defendant is guilty of the crime, the case moves to the next step.
• If the judge does not believe there is enough evidence to prove the crime, the case is dismissed, charges are dropped.
STEPS IN CRIMINAL CASES: 4. PLEA BARGAINING• About 90% of cases come to an end with a guilty plea.
• Plea Bargaining is the process where the prosecutor, defense lawyer, and police work out an agreement through which the defendant pleads guilty to a lesser crime.
• The government in return does not prosecute the more serious crime.
• Supporters say this is an efficient process.
• People who oppose believe this process allows criminals to get off lightly.
STEPS IN CRIMINAL CASES: 5. ARRAIGNMENT AND PLEAS• After the preliminary hearing or grand jury indictment, the next step is arraignment.
• The judge reads the formal charge against the defendant in an open courtroom.
• The defendant may have an attorney present and may be asked questions to make sure he/she understands the charges.
• The defendant enters one of four pleas:
• 1. not guilty
• 2. not guilty by reason of insanity
• 3. guilty or
• 4. no contest ( “I will not contest it,” defendant gives up right to a defense)
STEPS IN CRIMINAL CASES: 6. THE TRIAL• Courts are often crowded so defendants may have to wait a while before trial.
• Defendants have the option of having a jury trial or a trial with only a judge (bench trial).
• A jury is a group of citizens who hear evidence and decide guilt or innocence.
• Defendants have the right to not testify during their trial, does not admit guilt.
• Attorneys say opening statements
• Witnesses are called and evidence is presented (first prosecution then defense)
• Attorneys present closing arguments and summarize cases.
STEPS IN CRIMINAL CASES: 7. THE DECISION• After the closing arguments, the judge gives the jury a set of instructions and explains the
law that the jury must apply to the facts of the trial.
• The jury then goes to a room to make a decision.
• Jury deliberations are secret and no set time limit.
• In most criminal cases the verdict (decision) must be unanimous.
• If a jury cannot reach a decision it is called a hung jury--a new trial is scheduled.
STEPS IN CRIMINAL CASES: 8. SENTENCING• If the verdict is not guilty, the defendant is released immediately and with few exceptions
cannot be tried again for the same crime.
• If the verdict is guilty, the judge determines the sentence or punishment.
• Sentences specify a time in prison and may involve a fine or payment.
• Sentences vary with various crimes.
JUVENILE CRIME• Juveniles (at least 14 years old) may be tried as adults in certain states for crimes
including, but not limited to:
• Murder
• Armed Robbery
• Rape
• Violent Assault
• In some states juveniles may be sentenced to adult prison as early as 16, and in other states, they may wait until age 18 to transfer them to adult prison.
• Some states have “once an adult always an adult” for offenders who were at least 16 at the time of their first conviction as an adult.
• Should juveniles be tried as adults for certain crimes? Why or why not?