Chapter 10Criminal Law and Procedure

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Civil Law and Criminal Law

Major differences:

Civil (Tort) CriminalPreponderance Beyond Reasonable

Doubt

Damages Jail or Prison

Private (parties hire their own attorneys)

Public (Prosecutor represents community)

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Felonies MisdemeanorsSerious crimes, punishable by Death or prison for more than one (1) year.

Non-serious (petty) crimes punishable by jail for less than one(1) year and/or by fines.

Classification of Crimes

o An act can have both civil and criminal consequences. (O.J. Simpson trials)

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The Essentials of Criminal Liability

To be convicted of a crime, a person must:o Commit a guilty act (actus

reus).o Have the guilty mind or intent

(mens rea) during commission of the guilty act.

Crimes against People

o Homicideo Murdero Manslaughtero Negligent Homicide

o Other crimes against peopleo Assaulto Batteryo Child abandonmento Kidnappingo Rapeo Robberyo Stalking

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Property Crimes

o Arsono Burglaryo Forgeryo Receiving Stolen Propertyo Shopliftingo Thefto Trespass

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Parties to a Crime

o Principalo Person who commits a criminal act

o Accessory before the facto Person who assists in the

preparation of a crime, but does not participate in the crime itself

o Accessory after the facto Person who helps the principal

after the commission of the crime

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Defenses to Criminal Liability

o Infancy (juvenile).o Involuntary Intoxication: is a defense if

person was incapable of understanding act.o Can’t be used as defense for charges

involving reckless behavior, but can be used as defense for crimes involving specific intent

o Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. (Model Penal Code)

o Mistake.o Duress.o Consent.

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Defenses [2]

o Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone.

o Necessity: criminal act necessary to prevent greater harm.o Force is exerted by nature rather

than another person

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Defenses [3]

o Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act?

o Statute of Limitations.o Immunity.

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Criminal Procedures

o U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.

o Criminal procedures are designed to protect against the arbitrary use of power by the government.

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Criminal Process

G rand Jury D .A 's O ffice

Plea Barga inC h an g e o f P lea to G u ilty

T ria lP rosecu to r m u s t p rove

g u ilt b eyon d reason ab le d ou b t

S entenc ing

A rra ignm ent

Pre l im inary Hearing(D e te rm in es P rob ab le C au se)

In i tia l A ppearance(B e fo re Ju d g e)

A rres t(R eq u ires P rob ab le C au se)

Criminal Process

o Arresto Requires Probable Cause

o Search and Seizure of Evidenceo Search Warrantso Multiple Exceptions to

Requirement of Search Warranto Plain Viewo Exigent Circumstances

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Fourth Amendment

o The Fourth Amendment protects against unreasonable search and seizures.

o No warrant for search or arrest can issue without probable cause.

Fifth Amendment

o No person shall…be compelled in any criminal case to be a witness against himself….

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Sixth Amendment

o In all criminal prosecutions, the accused shall the enjoy the right to…have the assistance of counsel for his defense.

o Right to trial by impartial jury o For all federal criminal caseso For state criminal cases to

defendants who face possible incarceration of six months or more

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The “Miranda” Rule

o Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights.

o The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

o Exceptions to Miranda:o ‘Public Safety’.o Police are not required to ‘decipher’

suspects intentions.

Criminal Process con’d

o Preliminary Hearingo Information filed by DA

o Arraignmento Court informs the Defendants of

charges in the informationo Defendant answers the charges by

pleading guilty or not guiltyo Plea Bargainingo Nolo contendere plea

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