CJ 297: Criminal Law Mount Mercy University 2 Criminal Law Rules of society Thou shalt not… Punishment Applies to all Criminal Procedure Rules that apply to government (CJS) Treatment of accused/convicted Due process 3 Who is HARMED? Worst thing at STAKE? Who pays for ATTORNEY? Burden of PROOF? CRIMINAL CIVIL Society Individuals Life or liberty $ Pros: State Def: Indiv or State Individuals Beyond a Reasonable Doubt By a Preponderance of Evidence 4 Do’s and don’ts “Man”-made & changeable Elected lawmakers Written (notice) Codes (statutes) Case law Consequences Specific or general Rule of Law Harm to Society Victimless crimes 5 6 Mala in se v. Mala prohibita Felony v. Misdemeanor Personal Violent v. Property v. Non-Violent “Street” v. White-Collar 7 How much harm? Stealing: $2,000 v. $80,000 Injury/Death Medical practitioners 2 million unnecessary surgeries 6 billion unneeded antibiotics with 10,000 deaths 20,000 dead from improper emergency care Employers More than homicides Sellers Unsafe products & services Polluters 8 Why aren’t we punishing white-collar crime more harshly? Who makes the laws? Who influences the laws? 9 Assault Attempted/threatened battery Battery Offensive contact Rape Non-consensual sex committed with force or threat 10 Trespass Entry onto another’s property without permission Burglary Breaking & entering with intent to commit a crime Theft/Larceny Stealing with intent to permanently deprive Robbery Theft by force or threat of force 11 False imprisonment Restraining someone’s liberty Kidnapping Restraining & moving/hiding someone 12 Homicide Taking the life of live human being Degrees 1st: Purposeful, premeditated 2nd: Knowing, in the heat of passion Voluntary Manslaughter: Reckless Involuntary Manslaughter: Negligent 13