Stolen Masterpiece: An Artful Copy

1. Warm-Up A painting by a world-renowned artist was stolen from the Forest Museum. The missing masterpiece is now in Kopy Kat's studio. The feline forger has already painted a copy of the artwork. Which one does Slylock Fox suspect is the original painting and why?

2. Laws that Pertain to the US Criminal Justice System • The US Constitution • Statutory Law • Common Law or Case Law • Civil Law • Criminal Law • Equity Law • Administrative Law

3. US Constitution • Supreme body of laws that governs our country • Overrules the constitutions of individual states

4. Statutory Laws • Are written laws as enacted by a government body such as Congress • Are based on the Constitution

5. Common Law • Also known as case law • Are made by judges • Makes for predictability and consistency in how the law is applied

6. Civil Law • Also known as private law • Deals with relationships between individuals involving properties or contracts • Regulates noncriminal relationships between individuals, businesses, agency of government, and other organizations • Includes contracts, marriages, divorces, wills, property transfers, negligence, and products manufactured with hidden hazards • More concerned with assigning blame than intent • Requires a “preponderance of evidence”

7. Criminal Law • Also known as public law • Deals with regulation and enforcement of rights • Concerned with offenses against an individual that are deemed offensive to society • Cases tried are always the person vs the state (plaintiff) • Those laws that are broken fall into 1 of 2 main categories • Misdemeanor- is a minor crime such as theft, minor assault and battery, or possession of small amounts of illegal drugs • Felony- is a major crime such as murder, rape, armed robbery, serious assaults, dealing in illegal drugs, fraud, auto theft, or forgery

8. Civil vs. Criminal

9. Equity Law • Remedial or preventive law • Are for cases not covered by common law • Restraining orders • Injunctions

10. Administrative Law • Laws established by governmental agencies such as the IRS, Social Security Administration, or the military

11. The Bill of Rights Under due process, neither the king (in those days) nor the American government (now) can take away your life, liberty, or property without following the appropriate legal procedures. Read the Bill of Rights by yourself. Answer the following questions in your notes. • What does it mean to plead the fifth? • Can the police search your car without a court issued search warrant if you are pulled over for speeding? Why or why not? • What does personal attributes mean? • Are there any instances where adhering to these rights may be problematic?

12. The Bill of Rights • The right to be presumed innocent until proven guilty • The right not to be searched unreasonably, either on one’s person or in one’s home • The right not to be arrested without probable cause • The right against unreasonable seizure of personal property • The right against self-incrimination • The right to fair questioning by police • The right to protection from physical harm throughout the justice process • The right to an attorney • The right to trial by jury • The right to know any charges against oneself • The right to cross examine prosecution witnesses • The right to speak and present witnesses • The right not to be tried again for the same crime • The right against cruel and unusual punishment • The right to due process • The right to a speedy trial • The right against excessive bail • The right against excessive fines • The right to be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

13. Steps in Pursuing Justice • If a crime is committed these are the steps to take while pursuing justice • Police investigate what happened • Information is collected • Crime scene is documented and searched for evidence • All info is assembled into a report and sent to DA • Investigation continues until probable cause is established • An arrest warrant is issued for the suspect • The suspect is arrested • Individual is booked, fingerprinted, photographed and informed about his/her rights

14. The Miranda Rights • Miranda v. Arizona (1966) • Before a law enforcement officer may question a suspect regarding the possible commission of a crime, he or she must inform the detainee about his or her Miranda rights, making sure the detainee understands them • Warning of Rights • You have the right to remain silent and refuse to answer questions • Anything you do or say may be used against you in the court of law • You have the right to consult an attorney before speaking to the police and to have your attorney present during questioning now or in the future • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish • If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

15. Type of Crime – 1 Infractions • Minor offense or petty crime • Is less serious than a misdemeanor • Examples include • Jaywalking • Traffic violations • Littering • Penalty is usually a fine

16. Type of Crime – 2 Misdemeanors • Cases are tried in court • Punishable by no more than 1 year in jail • Examples include • A first offense of drunk driving, vandalism, shoplifting, simple assaults, trespassing, or prostitutions • Fines range from less than $250 to $2500 and/or community service

17. Type of Crime – 3 Felonies • Cases are tried in court • Punishable from greater than one year, can be 5 years to life • Some states offer death penalty • Examples include • Arson, aggravated assault, burglary, robbery, homicide, and rape • Fines may be up to $100,000 • Probation may also be determined

18. Federal Rules for Evidence in Court • Must be Probative • Prove something • Must be Material • Relevant and significant to the crime in trial. • Cannot be Hearsay • Testimony given by a witness on what others have said is not admissable

19. 1923 Frye v. US Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used. 1993 Daubert v. Dow Admissibility is determined by Whether the theory or technique can be tested Whether the science has been offered for peer review Whether the rate of error is acceptable Whether the method at issue enjoys widespread acceptance Whether the opinion is relevant to the issue The judge decides if the evidence can be entered into the trial Admissibility of Evidence

20. Facets of Guilt • Try to prove • Means - person had the ability to do the crime • Motive - person had a reason to do the crime • Does not have to be proved in a court of law • Opportunity - person can be placed at the crime

21. Landmark Cases • Frye v. United States –discussed what is mean by a technique that is “generally accepted” by most of the scientific community. • Federal Rule of Evidence 702- deals with admissibility of expert testimony • Daubert v. Merrell Dow Pharmaceutical, Inc. allows trial judge to decide who is and who is not an expert witness.