16.2: THE CRIME
ELEMENTS OF A CRIME: A WRONGFUL ACT WITH INTENT
A crime is the intentional commission of an act that violates the law.
To qualify as a crime, an act must consist of two basic elements : It must be wrongful, and it
must be carried out with intent.
For a person’s bad behavior to qualify as a crime, it must have been described and
prohibited by law before the act was committed.
The act of wrongdoing must also be accompanied by the conscious intention to carry out
that act.
TYPES OF CRIMES: MISDEMEANORS AND FELONIES
A misdemeanor is a criminal offense that
is generally less serious than a felony.
 Misdemeanors are mostly punishable by fines or
short jail sentences, usually less than 1 year.
 Examples include shoplifting (if less than $300in Florida).
A felony is a more serious crime.
 A conviction for a felony offense can result in
extended prison time or, in extreme cases, even
the death penalty.
 Felonies that are punishable by death are called
capital crimes.
TYPES OF CRIMES: MISDEMEANORS AND FELONIES
Examples of felonies:
THE DUE PROCESS RIGHTS OF SUSPECTS IN A CRIME
Any person suspected of committing a crime has a number of due process rights.
The 5th and 14th Amendments prohibits the government from depriving any person
“life, liberty, or property” without “due process of law”.
Due process means the government cannot act unfairly, arbitrarily, or
unreasonably in its treatment of criminal suspects.
 Observing due process means that suspects must always be told of the charges
against them.
 It also guarantees them the opportunity to defend themselves in court.
THE DUE PROCESS RIGHTS OF SUSPECTS IN A CRIME
The Constitution guarantees 2 types due process:
1. Procedural due process - refers to the procedures, or the “how”, of law
enforcement.
 This means that if the government sets out to deprive someone of life, liberty, or
property, it must do so in a fair and reasonable legal process.
2. Substantive due process - relates to the substance of a law rather than the
way it is enforced.
 The Court looks at the content of the law to see how it affects due process
rights.
LIMITATIONS ON THE DUE PROCESS RIGHTS OF JUVENILES
Due process rights for juveniles (persons under the age of 18) are somewhat different than
adults.
As a result of the case In re Gault (1967), the court decided juveniles should receive many
of the same rights as adults- right to be notified of the charges against them, the right to
an attorney, the right to confront witnesses, and the right to remain silent.
In Mckeiver v. Pennsylvania (1971), the Supreme Court concluded that juries are not
mandatory in juvenile cases.
In recent years, there have been growing calls for states to “get tough” on juvenile crimesresulting in some juveniles accused of serious crimes being tried as adults.
SECTION 2 READING NOTES QUESTIONS
After going through the PowerPoint presentation or reading the section,
answer these questions in your notebook:
1. What elements categorize a certain behavior as a crime?
2. What is the difference between a misdemeanor and a felony? What determines whether
a crime is classified as one or the other?
3. What does the constitutional protection of due process mean? What is the difference
between procedural and substantive due process?
4. Do you think juveniles should be tried as adults in the justice system? Why or why not?
16.3: THE INVESTIGATION
When police learn of a crime, typically the first thing they do is gather evidence and talk to witnesses
to identify likely suspects.
THE 4TH AMENDMENT OFFERS PROTECTION AGAINST
UNREASONABLE SEARCHES AND SEIZURES
The Search and Seizure Clause means
police officers must have good reason
to arrest a suspect or to seize (take) a
suspect’s property.
Police must also have a strong legal base
for carrying out a search of someone’s
property or possessions.
In most cases, this means police must
obtain a search warrant from a judge
to carry out a legal search.
GATHERING EVIDENCE
Before prosecutors file a criminal charge, they try to make sure they have a viable case against a
suspect
To do this, they must try to get as clear a picture as possible of what happened before, during, and
after the crime
This is done through the collection of:
 Direct evidence - Information provided by a witness who saw the crime occur or by a video or audio
recording of the crime.
 Circumstantial evidence - Information that can be inferred by other facts.
 Example finger prints found on the steering wheel of a car, police can infer that the suspect was
present in that car at some point.
GATHERING EVIDENCE
Although the 4th Amendment is meant to protect citizens from unreasonable
searches and seizures, it also allows for “reasonable” police action.
In Katz v. United States (1967), the Court determined that a search was not
permitted under the 4th Amendment whenever a person had a
“reasonable expectation to privacy”.
In Terry v. Ohio (1968), the Court held that a “stop and frisk” search was
reasonable when police had cause to be suspicious of a suspect’s
behavior.
GATHERING EVIDENCE
The Court has found other searches and seizures without warrants to be reasonable when the invasion of privacy
is minimal or when special circumstances apply.
Some examples include:
 Sobriety checkpoints. Because intrusion is slight.
 Airport searches. Considered necessary to lessen the danger of airline hijackings.
 Student searches. In New Jersey v. T.L.O. (1985), the Supreme Court held that school officials can search
students on school grounds without probable cause.
 Consent searches. If a person provides voluntary consent and is not coerced.
HOW SEARCH WARRANTS WORK
The Warrant Clause of the 4th Amendment states that any search warrant issued must be
based on probable cause.
 Probable cause is more than just a gut feeling or suspicion.
To obtain a search warrant, law enforcement officials must present evidence of probable
cause to a judge.
 If the evidence is convincing, the judge will issue a warrant.
 The warrant describes the exact place to be searched and the items or persons to be
seized.
This exactness keeps officers from carrying out generalized searches without a clear idea of
what they are looking for.
HOW SEARCH WARRANTS WORK
In certain situations, searches may be made without a warrant.
Some examples include:
 During a lawful arrest. Police may search the immediate area of the arrest for weapons or
evidence that could be destroyed.
 When evidence is in plain view. If evidence is plainly visible to an officer and the officer is
legally entitled to be in that location.
 When in hot pursuit. If the police are chasing a suspect, they can follow that suspect into a
building and seize any evidence found there.
 Automobile searches.
ILLEGALLY GAINED EVIDENCE: THE EXCLUSIONARY RULE
In Weeks v. United States (1914), the Supreme Court held that the seizing of
evidence illegally would result in the exclusion of that evidence from trial.
(exclusionary rule)
In Mapp v. Ohio (1961), a Court majority concluded that “all evidence
obtained by searches and seizures in violation of the Constitution is…
inadmissible in a state court”.
 This meant that all levels of the criminal justice system -local, state, and
federal- had to enforce rules against the use of evidence that was obtained
illegally.
SECTION 3 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.
16.4: THE ARREST
Like a search warrant, an arrest warrant must be issued by a judge and be based on
probable cause.
When officers find a likely suspect at the scene of a crime, however, they can make a
warrantless arrest.
From the moment someone is placed in handcuffs until the time the suspect is jailed or
released, police officers are required to follow proper procedures to ensure that the
suspect’s rights are protected.
DUE PROCESS DURING AN ARREST: MIRANDA RIGHTS
The case Miranda v. Arizona (1966), helped ensure that police officers observe due process
when taking suspects into custody.
This decision requires officers to inform suspects of their rights as they are being arrested
The Supreme Court ruled that a confession cannot be admitted as evidence unless a
suspect had been told the following:
 You have the right to remain silent
 Anything you say can be used against you in the court of law
 You have the right to an attorney and to have that attorney
present while you are being questioned
 If you cannot afford an attorney, one will be appointed
for you before questioning begins
DUE PROCESS DURING AN ARREST: MIRANDA RIGHTS
These Miranda warnings have become a cornerstone of the procedures that officers follow
when making an arrest.
Any statement offered by a suspect before Miranda warnings are given cannot be offered as
evidence at trial.
The court has noted exceptions to its decision in the Miranda case:
 “public safety” exception - Police can question suspects before giving the Miranda
warnings if they believe public safety is at risk.
“BOOK’EM”: PROCESSING SUSPECTS AFTER AN ARREST
• After an arrest, suspects are taken to the police station where they are “booked”.
• They are asked their name, date of birth, and other personal information.
• They are informed of the charges against them, fingerprinted, photographed, and
searched.
• During booking, an officer confiscates a suspect’s personal property.
• The suspect has the right to make a phone call during booking.
SECTION 4 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.
16.5: PRETRIAL ACTIVITY
During the pretrial stage, suspects are assumed innocent until proven guilty.
This means the police and prosecution must show enough evidence to
support the criminal charges against them.
THE INITIAL APPEARANCE: THE PRETRIAL PROCESS BEGINS
The 6th Amendment requires that criminal prosecutions move
forward quickly.
Within 48 hours of their arrest, suspects must have the
opportunity to appear in court where they are reminded of the
charges against them and that if they cannot afford an
attorney, one will be appointed for them at public expense
(insert “tax $$$ joke on the good people in our society” here).
THE INITIAL APPEARANCE: THE PRETRIAL PROCESS BEGINS
At this point, a judge will decide whether the defendant should be released from custody
and under what conditions.
One way a defendant can be released from custody is through posting bail.
 Bail is money that a defendant hands over to the court as a guarantee that he or she will
return for trial.
 A judge may decide not to set bail due to the defendant being a possible “flight risk” or the
possibility of that person being a danger to others if released.
At the initial pretrial hearing, defendants facing a misdemeanor charge are required to enter
a plea of guilty or not guilty.
 Defendants in felony cases do not have to enter a plea until a later court appearance.
THE PRELIMINARY HEARING: WILL THERE BE A TRIAL?
The next pretrial step in most felony cases is the preliminary hearing
 The purpose of this hearing is to determine whether there is enough
evidence to take a case to trial.
 The prosecutor will prove that there is probable cause that a crime was
committed and that the suspect committed it.
GRAND JURIES ALSO WEIGH EVIDENCE
In some felony cases, a grand jury takes the place of a preliminary hearing.
A grand jury is a type of jury that weighs evidence and determines whether a trial is warranted.
Grand juries are different than trial juries in that they:
 Grand juries are larger, consisting of 16 to 23 jurors
• They serve for a set period of time (a month or more)
 Grand juries consider a number of cases rather than just one, as a trial jury would
 Grand juries meet in secret to protect the reputation of those under investigation
 Grand juries only hear the prosecution’s version of events
Jurors must consider whether a crime took place and if the defendant committed said crime
 If yes, they will return an indictment, or a formal accusation, against the suspect.
Under the terms of the 5th Amendment, any serious violation of federal law must be brought before a federal grand jury.
THE ARRAIGNMENT: ENTERING A PLEA
Assuming that there is enough evidence to go to trial, the next step in the
pretrial process is arraignment.
 This is a court appearance in which the suspect must enter a plea.
If the plea is guilty, the judge will set a date to announce punishment
If the plea is not guilty, the judge will set a trial date
Before arraignment, a defendant may arrange a plea bargain.
 This is an agreement in which the defendant pleads guilty in exchange for a
lighter sentence.
SECTION 5 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.
16.6: THE TRIAL
THE RIGHT TO A SPEEDY AND PUBLIC TRIAL
The 6th Amendment forms the basis of a suspect’s constitutional right to a fair and impartial
trial.
The first phrase of this amendment says that the “accused shall enjoy the right to a speedy
trial and public trial”.
 The Court listed 4 factors to consider in deciding whether a trial has been “speedy”:
1. The length of the delay
2. The prosecutor’s reasons for delay
3. The defendant’s views on the delay
4. Potential harm to the defendant caused by the delay
THE RIGHT TO A SPEEDY AND PUBLIC TRIAL
Congress has set a limit of 100 days after an arrest for a federal case to be
brought to trial.
 If this time limit is not met, a case may be dismissed.
 Defendants have been known to waive this right to give their attorneys
more time to prepare or to accommodate the needs of key witnesses.
THE RIGHT TO A SPEEDY AND PUBLIC TRIAL
The “public” part of the “speedy and public” clause has been subject to interpretation.
The framers believed that it was important to keep trials public in order to ensure a fair judgment for the
defendant.
What happens when holding a public trial might actually hurt the defendant?
 In certain cases, the presence of the news media at a trial could affect public opinion and influence a jury.
 In such cases, judges may decide to change the location of a trial to isolate the jury.
 Although television cameras are now allowed at many trials, judges have been known to ban cameras from
the courtroom on the grounds that they could distort the justice process. This does not violate the 6th
Amendment.
THE RIGHT TO BE JUDGED BY AN IMPARTIAL JURY OF ONE’S
PEERS
Trial by jury is one of the fundamental rights guaranteed under the Constitution.
The 6th Amendment also mandates that the jury must be impartial, or unbiased, and made
up of members of the local community.
Traditionally, juries have consisted of 12 jurors (6 in Florida) who must reach a unanimous
verdict for a case to be decided.
The 6th Amendment requires juries to be impartial which mainly affects how potential jurors
are chosen.
 The idea is to draw from a pool of people who represent a cross-section of the community.
THE RIGHT TO BE JUDGED BY AN IMPARTIAL JURY OF ONE’S
PEERS
During a process known as voir dire, the lawyers and judge in a case question potential
jurors to determine whether there is any reason to disqualify them.
A lawyer may challenge a juror “for cause” by stating a specific objection.
Lawyers may also exclude jurors based on a peremptory challenge- challenge given without
reason but that is usually based on a perceived bias in the jury candidate.
 Lawyers are usually granted a limited number of peremptory challenges in each case.
 Lawyers cannot exclude jurors based solely on race or gender.
THE RIGHT TO ADEQUATE DEFENSE
The last right of guaranteed by the 6th Amendment is the right to an attorney.
The Supreme Court has noted that the right to legal counsel is the most pervasive of a
defendant’s rights, because it “affects his ability to assert all other rights”.
Because defendants must have access to legal counsel, the Supreme Court has said that
they have the right to a free, court-appointed lawyer if they cannot afford to hire one.
 This was upheld in the 1963 case of Gideon v. Wainwright
The case Escobedo v. Illinois, created the “Escobedo rule,” an application of the
exclusionary rule that disallows evidence from a confession made without an attorney
present.
THE RULES OF EVIDENCE IN CRIMINAL TRIALS
The burden of proof in a trial rests with the prosecution.
It is the government’s job to prove beyond a reasonable doubt that the defendant is guilty.
In general, evidence must satisfy two main rules to be admissible:
1. It must be relevant. There must be a valid reason to introduce it.
2. Evidence must be competent. It must meet certain standards of reliability.
The judge in a case has the final say on whether evidence is admissible or not.
The judge’s role is to make sure that both the defense and prosecution follow the law and
that justice is served.
 Either side can make an appeal if they believe the judge made legal errors.
THE CONSTITUTIONAL PROTECTION FROM SELF-INCRIMINATION
The 5th Amendment protects a defendant’s right not to testify (right to
remain silent).
The 5th Amendment’s protection against self incrimination, however, does
not prohibit the state from requiring a defendant to submit evidence such
as fingerprints, handwriting samples, and DNA samples.
This type of evidence is called physical evidence.
JURY DELIBERATIONS: BEYOND A REASONABLE DOUBT
The first thing members of a jury typically do is choose a foreman to act as a chairperson.
To reach a guilty verdict, jurors must agree that the defendant is guilty, beyond a reasonable doubt, of the crime in
question.
The jury foreman announces the verdict.
If judged guilty, the defendant is usually taken into custody to await punishment.
Following an acquittal, or a “not guilty” verdict, the defendant leaves the courtroom a free person and the case is
officially over.
The protection of double jeopardy afforded by the 5th Amendment prevents a person from being tried for the same crime
again.
If a jury fails to reach a unanimous verdict, the result is a hung jury.
 In such cases, the judge dismisses the jurors and the prosecutor then has the option of retrying the case with a new
jury.
SECTION 6 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.
16.7: SENTENCING AND APPEALS
Sentencing is the punishment for a crime.
MAKING THE PUNISHMENT FIT THE CRIME AND THE CRIMINAL
In some trials, the jury may recommend a particular punishment for a crime.
 It is the judge’s responsibility to assign a sentence.
 Judges consider many factors before handing down a sentence.
Indeterminate sentencing means assigning the criminal a variable term in prison, ranging
from a minimum sentence to a maximum sentence.
 A review board may examine the case in a few years to decide whether the inmate should
be eligible for parole, or an early release from prison.
Determinate sentencing means that the judge sets a specific amount of time that a criminal
must serve in prison.
OTHER SENTENCING OPTIONS
These options may be assigned on their own or in combination with others:
 A suspended sentence. Defendant may have to serve prison time if parole is violated
 Probation. Defendant must report to a probation officer that monitors the person’s activities
 Home confinement. Defendant serves time at home
 A fine. Required to pay money to the government
 Restitution. Restitution means that the person must pay back whatever the losses by the victim.
 Work release. The person is imprisoned but is allowed to working the community during the workdays
The goal of sentencing is usually one of three outcomes:
•
deterrence (stopping the act from occurring again)
•
rehabilitation (help criminal change)
•
Incapacitation ( ensure criminals are locked up and cannot harm public)
OTHER SENTENCING OPTIONS
The most extreme form of punishment is the death penalty.
Some critics argue that capital punishment violates the 8th Amendment,
which forbids “cruel and unusual punishment”.
 Executing a prisoner who is diagnosed as insane is unconstitutional.
 Roper v. Simmons (2002) found that capital punishment for juveniles
violates the 8th Amendment.
RAISING LEGAL QUESTIONS DURING APPEALS
Defendants who believe that they were wrongfully convicted have the right to appeal to a
higher court.
Their appeal will only be heard if they can reasonably argue that the judge in their case
committed an error of law.
 Defendants may appeal because they believe the jury selection was flawed, their lawyer
was ineffective, the law was not interpreted correctly, or their due process rights were
denied.
On average, criminal defendants win on appeal only about one in eight times
 In those cases, the appeals court sends the instruction to a lower court to retry the case
under different conditions.
 In about half of these cases the defendants are found guilty a second time.
SECTION 7 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.
16.8: THE CORRECTIONS SYSTEM
Incarceration - Imprisonment in a jail, prison, or other correctional facility as
punishment for a crime.
PRISONS, PAROLE, AND PARDONS
Inmates lose many of the rights
and privileges they enjoyed in
society, most notably freedom
to live their lives as they see fit.
Not all prisons are alike.
 White-collar or petty criminals normally
end up in minimum security prisons,
where conditions are lenient (a bit easy
going or tolerant).
 Violent criminals are sent to maximumsecurity prisons, where conditions are
harsh (rough or severe).
PRISONS, PAROLE, AND PARDONS
No matter what their crimes, all prisoners are guaranteed certain fundamental rights
under the Constitution, state and federal laws.
 The 8th Amendment’s protection against “cruel and unusual punishment” ensures
prisoners are provided a basic standard of living.
 Due process rights require that they be granted access to the parole process.
 The 14th Amendment’s Equal Protection Clause protects them from discrimination on
the basis of race, gender, or religion.
All prisoners have certain specific rights, including the right to receive mail, to get
adequate medical care, and to practice their religion.
Page 316
PRISONS, PAROLE, AND PARDONS
Many released prisoners find that their return to society is not smooth.
Released prisoners have a criminal record which can make it difficult to
find a job or a place to live.
Pardons can be granted only by the president, in the case of a federal
crime, or by governors, in the case of state crimes.
Pardons are rarely granted, however. When they are, they restore all of
the rights that were lost by offenders when they were convicted.
SECTION 8 READING NOTES QUESTIONS
Complete the following:
1. List at least three rights of the accused or any criminal justice procedures
that protect the accused.
2. Summarize one landmark Supreme Court case related to the stage
described in the section.