American Criminal Law

1. American Criminal Law • Presented to: • University of Belgrade • Faculty of Law • March 2011 • Presented by: • Judge Dale A. Crawford • Columbus, Ohio • judgedac@sbcglobal.net

2. Criminal Law Overriding purpose of the Criminal Law is to protect the public from public wrongs and to punish offenders.

3. Sources of the Criminal Law Common Law United States Constitution United States Code State Constitutions State Codes City Ordinances 1962 American Law Institute Model Penal code

4. Court Systems UNITED STATES OHIO Appointed Life United States Supreme Court 9 Justices Ohio Supreme court 7 Justices ELECTED 6 YR TERM (Twelve) District Court of Appeals Military Court of Appeals Appointed Term 13 Circuit Court of Appeals Appointed Life $500- Unlimited Felonies Municipal Court Common Pleas Court Court of Claims Appointed Life Bankruptcy Panels United States District Court $10,000-25,000 Misdemeanors Appointed by Chief Justice Special Courts Tax, Claims, etc. Elected 6 YR Term By Agreement Small Claims Traffic & Misc. Civil Proceedings County Court Appointed Terms $1,000 Counter claim $1,500 Bankruptcy Court 0-$3,000 Mayor’s Court Elected OR Appointed Mayors Court not of record Judges appointed by circuit Court – 14 YR Term

5. Jurisdiction - Venue Jurisdiction: The “power” to hear a case. Generally where an element of the crime takes Place. Venue: Which Court? The “place” where the case is heard. Which County?

6. Limitations on Criminal Law United States & State Constitutions A. Bill of Rights 1st Amendment – Free Speech – Assembly 4th Amendment – No unreasonable searches and seizures 5th Amendment – Grand Jury; double jeopardy; no self incrimination; and due process 6th Amendment – Speedy, public trial; jury trial; informed of the crime charged; confront witnesses; compulsory process; and assistance of counsel 8th Amendment – No excessive bail; no excessive fines; and no cruel and unusual punishment

7. Limitations (Cont.) Criminal Statues shall be construed in favor of the defendant No retroactive laws – ex post facto No vague statutes No status offenses – drunk, vagrant No bill of attainder – Laws directed toward a specific person No disproportionate penalties – i.e. death for rape

8. Purposes & Principles of Criminal Law General Deterrence Specific Deterrence Retribution Rehabilitation

9. Ohio Statutes of Limitations • General Felony - 6 years • Rape,Arson and Kidnapping - 20 years • Murder - none • Misdemeanor - 2 years • Minor Misdemeanor ( traffic ticket ) - 6 months

10. Elements Crimes require two things Actus Reus – a. a voluntary act b. that causes c. social harm. Mens Rea – guilty mind – culpable mental state – evil mind plus an evil hand.

11. Elements (Cont.) Motive: Not necessary unless the crime requires specific intent. i.e. break into a house with the “intent to commit a felony.” May be important in sentencing. Culpable mental state: Purposely – Definition attached Knowingly – Definition attached Recklessly – Definition attached Negligently – Definition attached Transferred Intent

12. Strict Liability Responsibility for a crime without culpable mental state: Generally disfavored – exceptions Traffic Environmental Offenses Manufacturing impure foods and drugs Selling alcohol to minors Statutory Rape – (Ohio less than 13 years of age)

13. Burden of Proof (Prosecutors) Beyond a Reasonable Doubt “Reasonable doubt is present when, after you’ve carefully considered and composed all the evidence you cannot say you are firmly convinced of the truth of the charge.” “Reasonable doubt is doubt based upon reason and common sense. Reasonable doubt is not more possible because everything related to human affairs or depending on moral evidence is open to some possible or imaginary doubt.” “Proof beyond reasonable doubt is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his or her own affairs.”

14. Defenses Only necessary after the prosecution has proved, beyond a reasonable doubt each element of the offense. The voluntary act The social harm Culpable mental state Causal connection between 1 & 2 If all the elements are proved then the defendant has the burden to prove, by preponderance of the evidence the defense.

15. Preponderance of the Evidence “Preponderance of the evidence is the greater weight of the evidence; that is evidence that you believe because it outweighs or overbalances in your minds the evidence opposed to it.” “A preponderance means evidence that is more probable, more persuasive, or of greater probative value. It is the quality of the evidence that must be weighed.” “Quality may or may not be identical with quantity or the greater number of witnesses.”

16. Defense (Cont.) Self Defense – Justification - : Definition attached Battered Wife Syndrome – Justification Defense of Property – Justification Duress – excuse Insanity – excuse – plea Intoxication – not a defense Mistake of Law – not a defense Mistake of Fact – not a defense – however Alibi – not a defense – “I was not there” Entrapment - excuse

17. Insanity It must be timely plead. Defense since the 1300’s. Burden on the defendant to prove by a preponderance of the evidence. Defined [Ohio]: “at the time of the offense he did not know, as a result of a severe mental disease or defect, the wrongfulness of his act. An act committed under stress, impulse, emotion, rage, or passion, however strong and/or uncontrollable, is not an excuse. 1981 Hinkley attack on President Reagan. 4 states abolished the defense 20 states added guilty but mentally ill (results in split sentence)

18. Pleas Guilty Not Guilty Not Guilty by Reason of Insanity No Contest Alford Plea

19. Jury Trial Dates back to Roman times 6th Amendment U.S. Constitution Granted in State Constitutions Generally a jury is 12 people with a unanimous verdict. However, not constitutionally required. (Ohio – 8 jurors in misdemeanors) Petty Offenses (6 months or less in jail); jury is not required by U.S. Constitution, however states will require it. Jury trial can be waived

20. Jurors Live in the jurisdiction of the Court Voters and/or holder of drivers license (18 years old) Challenges to jurors – cause and preemptory challenges Can’t discriminate – Batson challenges Unanimous verdict generally required – Hung Jury

21. Sentencing Felony vs. Misdemeanor – Prison vs. Jail Indeterminate Determinate Federal Sentencing Guidelines Factors – Ohio see attached Other Sanctions: Fines Probation – Community Control Community Service House Arrest

22. Death Penalty History in the United States Furman vs. Georgia (1972) – executions stop Gregg vs. Georgia (1976) – bifurcated system upheld – aggravating circumstances vs. mitigating factors – executions commence 1977 Crimes subject to Capital Punishment Separate sentencing process Life without parole Appeals Discussion

23. Crimes - Categories • Homicide and Assault • Kidnapping and Extortion • Sex Offenders • Arson – Vandalism • Robbery, Burglary and Trespass • Theft and Fraud • Gambling • Offenses Against Public Peace • Offenses Against Family • Offenses Against Justice • Conspiracy, Attempt & Complicity • Weapons Control • Drugs • Watercraft & Wildlife • Traffic – Alcohol DUI

24. Criminal Case Misdemeanor (Municipal Court) Jail Arrest Guilty Guilty Sentence Arraignment Record Hearing Probation Pretrial Trial Not Guilty Complaint Not Guilty Jury Case Dismissed Fine-Restitution Community Service House Arrest Any Combination Case Dismissed Common Pleas Court Felony [Municipal Court] Guilty No Bind Over True Bill Plea Preliminary Hearing Arrest Not Guilty Arraignment Grand Jury Not Guilty No Bill Bind Over Case Dismissed Case Dismissed Shock Parole Not Guilty Shock Probation Pre Sentence Investigation Pretrial Trial Sentence Prison (& Fine) Parole Guilty Probation Fine-Restitution Community Service House Arrest Treatment Any combination

25. Appeals Federal Court – See Court Systems chart referred to on slide 4 State Court – See Court Systems chart referred to on slide 4 Habeas Corpus Time for Appeals