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Criminal Law

Criminal Law. Chapter 3 Part I. What is a Crime?. Crime – is considered an act against the public good. Laws in the U.S. detail crimes and provide punishment. In a criminal proceeding, the state or federal government is the plaintiff .

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Criminal Law

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  1. Criminal Law Chapter 3 Part I

  2. What is a Crime? • Crime – is considered an act against the public good. • Laws in the U.S. detail crimes and provide punishment

  3. In a criminal proceeding, the state or federal government is the plaintiff. • The prosecutor is the government attorney who presents the case in court against …. • ….the person accused, called the defendant.

  4. Felonies • A felony is a major crime punishable by imprisonment or death. • EXAMPLES: • Murder, manslaughter, burglary, robbery, arson

  5. Misdemeanor • A less serious crime with a less severe penalty is a misdemeanor. • Penalized by a fine or brief imprisonment in a city or county jail. • EXAMPLES: • Driving without a license, lying about age to purchase alcohol, leaving the scene of an auto accident

  6. Criminal Law in the American System • The American system consists of 2 systems: • Federal law • State law • Both systems make and enforce criminal law, but the source of their power differs.

  7. State Criminal Law • Police power • Allowed to make statutes to protect the public • Penalty for crimes may differ from state to state • Example: a crime that is called assault in one state may be called battery in another

  8. Federal Criminal Law • Has no police power • Is able to create criminal statutes only in its own jurisdiction • Example: created laws against counterfeiting because it has the power to coin money • Today, the Fed has a criminal code and several national police agencies • FBI and DEA

  9. Federal Law • Treason is one crime named and defined in the U. S. Constitution. • Confession in open court or testimony of 2 witnesses is needed for conviction

  10. Federal Law • Double Jeopardy sometimes the federal and state systems overlap • can happen when someone has been accused of a crime that can be thought of as both federal and state crimes • Fifth Amendment guarantees that no person can be tried twice for the same crime – double jeopardy

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