Chapter 10
Criminal Law and Procedure
Civil Law and Criminal Law
Major differences:
Civil (Tort)
Criminal
Preponderance
Beyond Reasonable
Doubt
Damages
Jail or Prison
Private (parties hire their
own attorneys)
Public (Prosecutor
represents community)
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Classification of Crimes
o An act can have both civil and
criminal consequences. (O.J.
Simpson trials)
Felonies
Misdemeanors
Serious crimes,
punishable by Death or
prison for more than one
(1) year.
Non-serious (petty)
crimes punishable by jail
for less than one(1) year
and/or by fines.
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The Essentials of Criminal Liability
To be convicted of a crime, a
person must:
o Commit a guilty act (actus reus).
o Have the guilty mind or intent
(mens rea) during commission of
the guilty act.
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Crimes against People
o Homicide
o Murder
o Manslaughter
o Negligent Homicide
o Other crimes against people
o Assault
o Battery
o Child abandonment
o Kidnapping
o Rape
o Robbery
o Stalking
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Property Crimes
o
o
o
o
o
o
o
Arson
Burglary
Forgery
Receiving Stolen Property
Shoplifting
Theft
Trespass
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Parties to a Crime
o Principal
o Person who commits a criminal act
o Accessory before the fact
o Person who assists in the preparation of a
crime, but does not participate in the
crime itself
o Accessory after the fact
o Person who helps the principal after the
commission of the crime
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Defenses to Criminal Liability
o Infancy (juvenile).
o Involuntary Intoxication: is a defense if
person was incapable of understanding act.
o Can’t be used as defense for charges involving
reckless behavior, but can be used as defense for
crimes involving specific intent
o Insanity: defendant lacked substantial
capacity to appreciate the wrongfulness of
act or to conform act to law. (Model Penal
Code)
o Mistake.
o Duress.
o Consent.
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Defenses [2]
o 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.
o Necessity: criminal act necessary to
prevent greater harm.
o Force is exerted by nature rather than
another person
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Defenses [3]
o Entrapment: prevents government
from encouraging crimes. Key issue:
was the defendant pre-disposed to
commit the act?
o Statute of Limitations.
o Immunity.
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Criminal Procedures
o U.S. Constitution provides specific
safeguards for those accused of
crimes at federal and state level.
o Criminal procedures are designed to
protect against the arbitrary use of
power by the government.
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Criminal Process
Arrest
(Requires Probable Cause)
Initial Appearance
(Before Judge)
Preliminary Hearing
(Determines Probable Cause)
Grand Jury
D.A's Office
Arraignment
Plea Bargain
Trial
Change of Plea to Guilty
Prosecutor must prove
guilt beyond reasonable doubt
Sentencing
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Criminal Process
o Arrest
o Requires Probable Cause
o Search and Seizure of Evidence
o Search Warrants
o Multiple Exceptions to Requirement of
Search Warrant
o Plain View
o Exigent Circumstances
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Fourth Amendment
o The Fourth Amendment protects
against unreasonable search and
seizures.
o No warrant for search or arrest can
issue without probable cause.
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Fifth Amendment
o No person shall…be compelled in
any criminal case to be a witness
against himself….
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Sixth Amendment
o In all criminal prosecutions, the
accused shall the enjoy the right
to…have the assistance of counsel for
his defense.
o Right to trial by impartial jury
o For all federal criminal cases
o For state criminal cases to defendants
who face possible incarceration of six
months or more
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The “Miranda” Rule
o Miranda v. Arizona (1966) required police
to inform suspects of their constitutional
rights.
o The Supreme Court upheld Miranda in
Dickerson v. U.S. (2000).
o Exceptions to Miranda:
o ‘Public Safety’.
o Police are not required to ‘decipher’ suspects
intentions.
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Criminal Process con’d
o Preliminary Hearing
o Information filed by DA
o Arraignment
o Court informs the Defendants of charges
in the information
o Defendant answers the charges by
pleading guilty or not guilty
o Plea Bargaining
o Nolo contendere plea
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