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?