Breaking The Law

1. Breaking The Law How the Legal System Operates

2. Criminal Law • Two types of Crimes • Misdemeanors • Felonies

3. Misdemeanors • Less serious crimes • Have a maximum possible sentence of less than one year incarceration.

4. Felonies • The most serious crimes such as robbery, assault with a deadly weapon, and sexual assault. • The Punishment: imprisonment for at least a year, usually in a state or federal penitentiary

5. Punishment • A guilty defendant is punished by (1) Incarceration in a jail or prison, (2) Fine paid to the government (3) Execution of the defendant: the death penalty.

6. Burden of Proof • The burden of proof is always on the state. The state must prove that the defendant is guilty. • The defendant is assumed to be innocent. • The state must prove the defendant’s participation, "beyond a reasonable doubt."

7. Purpose of Opening Statements • Each Lawyer speaks to Jury. • Tell jurors something about the case they will be hearing. • Must be kept to only facts.

8. Direct Evidence • Speaks for itself • Examples: Eyewitness accounts, a confession, or a weapon.

9. Circumstantial Evidence • Suggests a fact by implication or inference: • Examples: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.

10. Direct Examination • The questions the lawyers ask of the witnesses are direct examination. • Direct examination may gain both direct and circumstantial evidence. • Witnesses may testify to matters of fact, and provide opinions. (Identify documents, pictures or other items introduced into evidence.)

11. Leading Questions • Questions that suggest the answers desired. An example is, "Isn't it true that you saw John waiting across the street before his wife came home?“ • Lawyers generally may not ask leading questions of their own witnesses.

12. Objections • Lawyers may object when they find the question, method or answer inappropriate for the case. • The judge will immediately either sustain or overrule

13. Cross-Examination • When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. • Limited to questioning only on matters that were raised during direct examination.

14. Closing Arguments • The lawyers’ closing arguments or summations discuss the evidence and properly drawn inferences. • The lawyers cannot talk about issues outside the case or about evidence that was not presented.

15. The Role of Juries

16. The Role of Juries • The jury is composed of people who represent a cross-section of the community.

17. The Role of Juries • The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision.

18. The Role of Juries • The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases.

19. The Role of Juries • If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.

20. Jury Deliberations • In most instances, the verdict in a criminal case must be unanimous. • If the jury cannot come to a decision by the end of the day, the jurors may be sequestered. • If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial.

21. Verdict • After reaching a decision, the jury notifies the bailiff, who notifies the judge. • All of the participants reconvene in the courtroom and the decision is announced.

22. The Execution of Teenagers? • There are currently 19 states that allow the execution of 16 and 17 year olds for the commission of capital crimes.

23. The Execution of Teenagers? • 73 people are currently on death row for crimes they committed when they were that age.

24. The Execution of Teenagers? • Your turn to write…Should juveniles face difference consequences than adults for the same crimes?