Criminal LawCriminal Law

Chapter 16 Section 2Chapter 16 Section 2

Types Types of of

CrimesCrimes

Murder- killing someoneMurder- killing someone Rape- forced sexual acts Rape- forced sexual acts Kidnapping- abduction Kidnapping- abduction of someoneof someone Assault- physical harm to someone Assault- physical harm to someone Vandalism- destruction of propertyVandalism- destruction of property Arson is with fireArson is with fire Larceny- stealing propertyLarceny- stealing property Shoplifting is from a storeShoplifting is from a store Robbery is from a person’sRobbery is from a person’spossessionpossession Burglary is breaking in and stealingBurglary is breaking in and stealing Trespassing- being on someone else’s Trespassing- being on someone else’s

propertyproperty

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

crimecrime

PurposePurpose Make criminal pay for the offenseMake criminal pay for the offense Protect society from Protect society from

the criminalthe criminal Warn others not to Warn others not to

commit crimes (or commit crimes (or

they will face similar they will face similar

punishment)punishment) Rehabilitate criminal Rehabilitate criminal

to return to societyto return to society

ArrestArrest

Suspect is Suspect is arrested for arrested for committing crimecommitting crime

Suspect is taken Suspect is taken to a police station to a police station and booked and booked (charged), gives (charged), gives fingerprint and fingerprint and photograph (mug photograph (mug shot), and allowed shot), and allowed to call a lawyerto call a lawyer

HearingHearing Defendant is taken to Defendant is taken to court and the prosecution court and the prosecution must show probable cause must show probable cause the suspect committed the crimethe suspect committed the crime The judge either:The judge either: sends the defendant back to jail (without sends the defendant back to jail (without

bail) until the trialbail) until the trial sets bail for the defendant (if they pay they sets bail for the defendant (if they pay they

leave until trial, if not they stay in jail until leave until trial, if not they stay in jail until trial)trial)

releases the defendant without bail until trialreleases the defendant without bail until trial

IndictmentIndictment Using a grand jury to formally charge the Using a grand jury to formally charge the

defendant with the crimedefendant with the crime Only used in some felony casesOnly used in some felony cases

ArraignmentArraignment Defendant appears in court and is Defendant appears in court and is

formally presented with the chargesformally presented with the charges Defendant is given a lawyer if he/she Defendant is given a lawyer if he/she

cannot afford one (public defender)cannot afford one (public defender) Defendant must enter a plea of either:Defendant must enter a plea of either: Not guilty- the case continuesNot guilty- the case continues Guilty- the case stops and the judge Guilty- the case stops and the judge

determines punishmentdetermines punishment No contest- does not admit guilt, but the No contest- does not admit guilt, but the

case stops and the judge determines case stops and the judge determines punishmentpunishment

Pre TrialPre Trial Lawyers check facts, gather evidence, and Lawyers check facts, gather evidence, and

interview witnessesinterview witnesses Plea Bargaining- pleading guilty to a lesser Plea Bargaining- pleading guilty to a lesser

crime for a lesser punishment and avoid crime for a lesser punishment and avoid trialtrial

Subpoena- Subpoena-

document document

requestingrequesting

someone someone

appear in appear in

court court

Jury SelectionJury Selection Lawyers impanel (select) 12 jurorsLawyers impanel (select) 12 jurors Residents are randomly called for jury Residents are randomly called for jury

duty and lawyers pick from the groupduty and lawyers pick from the group Either side can dismiss jurors for any Either side can dismiss jurors for any

reasonreason

TrialTrial Lawyers for each side Lawyers for each side

make opening statements make opening statements

outlining the caseoutlining the case Prosecution presents Prosecution presents

its case, then the its case, then the

defense presents its casedefense presents its case Each side may present evidence and Each side may present evidence and

witnesseswitnesses Testimony- answers given under oath Testimony- answers given under oath Cross-examine- after a witness testifies for Cross-examine- after a witness testifies for

one side, the other is allowed to ask questions one side, the other is allowed to ask questions (in hopes to show they are not being truthful)(in hopes to show they are not being truthful)

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

DeliberationDeliberation

Jurors deliberate in secret with no time Jurors deliberate in secret with no time limit to unanimously decide whether the limit to unanimously decide whether the defendant is guilty or notdefendant is guilty or not

Prosecution must Prosecution must convince jurors the convince jurors the defendant is guilty defendant is guilty ““beyond a reasonable beyond a reasonable doubt” (99.9% doubt” (99.9% sure, if not must votesure, if not must votenot guilty)not guilty)

Deliberation contDeliberation cont Sequestered- keeping the jury away Sequestered- keeping the jury away

from the public from the public Hung Jury- jury that cannot reach a Hung Jury- jury that cannot reach a

verdict (must have a retrial)verdict (must have a retrial) Acquittal- not guilty Acquittal- not guilty

vote and defendant vote and defendant

is releasedis released If the jury votes If the jury votes

guilty the defendant guilty the defendant

will be sentenced will be sentenced

SentencingSentencing Each case is unique and judges make Each case is unique and judges make

differentdifferent

sentences for similar crimes (considers sentences for similar crimes (considers family life, family life,

criminal record, etc.)criminal record, etc.) Victims are usually Victims are usually

allowed to make allowed to make

statements to thestatements to the

judgejudge

Types of SentencesTypes of Sentences Probation- supervised releaseProbation- supervised release Suspended Sentence- sentence that can be Suspended Sentence- sentence that can be

served in parts over a period of timeserved in parts over a period of time Home Confinement- serve sentence at homeHome 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 work but must return to prison at night and weekendsprison at night and weekends Imprisonment- confined Imprisonment- confined to prison to serve sentenceto prison to serve sentence Death- sentenced to dieDeath- sentenced to die Parole- early release from prison with Parole- early release from prison with

restrictions (meeting with parole officer until restrictions (meeting with parole officer until sentence expires)sentence expires)

AppealAppeal Nearly all cases are appealed to a Nearly all cases are appealed to a

higher court if rights were violatedhigher court if rights were violated