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Chapter 10

Chapter 10. Criminal Law and Procedure. Civil Law and Criminal Law. Major differences:. Classification of Crimes. An act can have both civil and criminal consequences. (O.J. Simpson trials). The Essentials of Criminal Liability. To be convicted of a crime, a person must:

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Chapter 10

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  1. Chapter 10 Criminal Law and Procedure

  2. Civil Law and Criminal Law Major differences:

  3. Classification of Crimes • An act can have both civil and criminal consequences. (O.J. Simpson trials)

  4. The Essentials of Criminal Liability To be convicted of a crime, a person must: • Commit a guilty act (actus reus). • Have the guilty mind or intent (mens rea) during commission of the guilty act.

  5. Crimes against People • Homicide • Murder • Manslaughter • Negligent Homicide • Other crimes against people • Assault • Battery • Child abandonment • Kidnapping • Rape • Robbery • Stalking

  6. Property Crimes • Arson • Burglary • Forgery • Receiving Stolen Property • Shoplifting • Theft • Trespass

  7. Parties to a Crime • Principal • Person who commits a criminal act • Accessory before the fact • Person who assists in the preparation of a crime, but does not participate in the crime itself • Accessory after the fact • Person who helps the principal after the commission of the crime

  8. Defenses to Criminal Liability • Infancy (juvenile). • Involuntary Intoxication: is a defense if person was incapable of understanding act. • Can’t be used as defense for charges involving reckless behavior, but can be used as defense for crimes involving specific intent • Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law. (Model Penal Code) • Mistake. • Duress. • Consent.

  9. Defenses [2] • Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone. • Necessity: criminal act necessary to prevent greater harm. • Force is exerted by nature rather than another person

  10. Defenses [3] • Entrapment: prevents government from encouraging crimes. Key issue: was the defendant pre-disposed to commit the act? • Statute of Limitations. • Immunity.

  11. Criminal Procedures • U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. • Criminal procedures are designed to protect against the arbitrary use of power by the government.

  12. Criminal Process

  13. Criminal Process • Arrest • Requires Probable Cause • Search and Seizure of Evidence • Search Warrants • Multiple Exceptions to Requirement of Search Warrant • Plain View • Exigent Circumstances

  14. Fourth Amendment • The Fourth Amendment protects against unreasonable search and seizures. • No warrant for search or arrest can issue without probable cause.

  15. Fifth Amendment • No person shall…be compelled in any criminal case to be a witness against himself….

  16. Sixth Amendment • In all criminal prosecutions, the accused shall the enjoy the right to…have the assistance of counsel for his defense. • Right to trial by impartial jury • For all federal criminal cases • For state criminal cases to defendants who face possible incarceration of six months or more

  17. The “Miranda” Rule • Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights. • The Supreme Court upheld Miranda in Dickerson v. U.S. (2000). • Exceptions to Miranda: • ‘Public Safety’. • Police are not required to ‘decipher’ suspects intentions.

  18. Criminal Process con’d • Preliminary Hearing • Information filed by DA • Arraignment • Court informs the Defendants of charges in the information • Defendant answers the charges by pleading guilty or not guilty • Plea Bargaining • Nolo contendere plea

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