2. I. CRIMES
A. Penal Codes (GR#1: What is the Penal Code?)
each state’s written criminal law code
establishes classifications (degrees of seriousness) for certain
crimes
sets penalties for types of crimes
4. I. CRIMES
B. Types of Crimes
1) Misdemeanors
convicted persons may be fined or sentenced to one year
or less
repetition of certain misdemeanors (such as DUI) will
become felonies
5. I. CRIMES
B. Types of Crimes
1) Misdemeanors
a) Victimless crimes
crimes against morality
difficult to enforce since the victim is the perpetrator
examples: unauthorized gambling, use of illegal drugs
7. I. CRIMES
B. Types of Crimes
2) Felonies
a) Crimes against people
violent or potentially violent crimes
i. Examples
murder
manslaughter
assault
rape
kidnapping
8. I. CRIMES
B. Types of Crimes
2) Felonies
b) Crimes against property
most common type of crime
i. Examples
larceny – taking of property unlawfully
vandalism – deliberate destruction of property
fraud – taking property by dishonest means or
misrepresentation
9. I. CRIMES
C. Penalties (GR#2: What are the four functions of criminal
penalties?)
1) Functions of Penalties
a) Justice
Criminal to pay for an offense against a victim or
society
10. I. CRIMES
C. Penalties
1) Functions of Penalties
b) Safety to society
Keep dangerous criminals off the street
11. I. CRIMES
C. Penalties
1) Functions of Penalties
c) Deterrent to others
by seeing the severity of punishments it will keep
people from engaging in criminal acts
12. I. CRIMES
C. Penalties
1) Functions of Penalties
d) Correction
many states call their prison system “Department of
Corrections”
states seeks to rehabilitate criminals while in prison so
they will not commit a crime when they return to
society
13. I. CRIMES
C. Penalties
2) Sentencing
because every case has different circumstances,
sentences may be very different
14. I. CRIMES
C. Penalties
2) Sentencing
a) Indeterminate sentencing
judge gives a minimum and a maximum length for
the sentence
15. I. CRIMES
C. Penalties
2) Sentencing
b) Parole
offers a lighter sentence to those criminals in prison
who show that they have been rehabilitated
i. Opponents’ Arguments
parole offers criminals a shorter sentence than the law
states
some believe that a criminal has not had the chance to
fully pay their debt to society
16. I. CRIMES
C. Penalties
2) Sentencing
c) Mandatory Sentencing (GR#3: For what reason do some
people criticize mandatory sentencing?)
judges must impose whatever sentence is required
i. Opponents’ Arguments
Some argue that in some cases a judge must impose
more severe penalties than the circumstances of the
case justifies
17. II. WHAT HAPPENS IN A CRIMINAL
CASE?
A. Arrest
B. Hearing
C. Indictment*
D. Arraignment
Note: This is the order IF the person is
E. Trial arrested at the scene of the crime. If
F. Verdict there is first an investigation before
an arrest warrant is issued then the
G. Sentencing indictment happens before the
arrest.
H. Appeal
18. II. WHAT HAPPENS IN A CRIMINAL
CASE?
A. Arrest
1) Reading of Rights
this is the result of the 1966 case Miranda v. Arizona
a defendant must know his legal protections before he is
taken to the precinct and asked any questions
the right to remain silent
the right to have an attorney present during
questioning
right to a court-appointed attorney if the defendant
can not afford one
the right to stop answering questions at any time
19. II. WHAT HAPPENS IN A CRIMINAL
CASE?
A. Arrest
2) Booking (GR#4: What happens when a person is booked?)
when the defendant is brought to the police station and
their information is processed
A lawyer is not required at this time because it is not
specifically a criminal procedure, only an administrative
procedure
includes fingerprinting, photographing, “pat down”, and
even strip search in some places
defendant may call his lawyer at this time
20. II. WHAT HAPPENS IN A CRIMINAL
CASE?
B. Hearing
defendant appears in court a few hours after being booked
the prosecution must show the judge that there is probable
cause for believing the defendant committed the crime
(protect of habeas corpus)
21. II. WHAT HAPPENS IN A CRIMINAL
CASE?
C. Indictment
formal accusation of a suspect
If there is an investigation leading to an arrest, many states
use a grand jury to determine if there is enough evidence to
warrant an arrest
If the person is arrested at the scene of the crime the
preliminary hearings will serve as the indictment
22. II. WHAT HAPPENS IN A CRIMINAL
CASE?
D. Arraignment
the defendant is presented with the charges and is asked to
make a plea
23. II. WHAT HAPPENS IN A CRIMINAL
CASE?
D. Arraignment
1) Plea Options (GR#5: What are three pleas a defendant can
make at an arraignment?)
a) Not Guilty
defendant states that he is not the perpetrator of the
crime
bail is set and is based on the seriousness of the crime
and what risk there is of the defendant returning to
court at his trial date
the case continues
24. II. WHAT HAPPENS IN A CRIMINAL
CASE?
D. Arraignment
1) Plea Options
b) Guilty
defendant admits to the crime
the judge must next determine a punishment
25. II. WHAT HAPPENS IN A CRIMINAL
CASE?
D. Arraignment
1) Plea Options
c) No Contest
the defendant does not admit guilt but does not want
to fight the prosecution
this has much the same effect as a guilty plea
26. II. WHAT HAPPENS IN A CRIMINAL
CASE?
D. Arraignment
1) Plea Options
d) Plea Bargain
this occurs when the prosecution offers the defendant
the opportunity to agree to plea guilty a lesser charge
this option, when available, reduces the seriousness of
the crime and eliminates a long drawn-out trial
this ensures the defendant will be punished for the
crime
27. II. WHAT HAPPENS IN A CRIMINAL
CASE?
E. Trial
1) Lots of work for the lawyers
lawyers interview witnesses, studies laws affecting the
case, gathers as much information as possible
28. II. WHAT HAPPENS IN A CRIMINAL
CASE?
E. Trial
2) Jury selection
a large pool of potential jurors is selected at random
lawyers from both sides will select jurors based on how
biased they believe the jurors will be
29. II. WHAT HAPPENS IN A CRIMINAL
CASE?
E. Trial
3) Opening Statements
lawyers for both sides will set an outline for their case
30. II. WHAT HAPPENS IN A CRIMINAL
CASE?
E. Trial
4) Presentation of Cases (GR#6: What process do lawyers use
to make a witness’ testimony seem unreliable or untrue?)
each side will present evidence, call and question
witnesses, hear testimony, cross-examine opposing
witnesses
31. II. WHAT HAPPENS IN A CRIMINAL
CASE?
E. Trial
5) Closing statements
each lawyer will highlight the case they presented in
order to sway the jury
32. II. WHAT HAPPENS IN A CRIMINAL
CASE?
F. Verdict
1) To find the defendant guilty
the jury must believe that there be enough evidence to
prove “beyond a reasonable doubt” that the defendant
is guilty
most states require an unanimous decision
33. II. WHAT HAPPENS IN A CRIMINAL
CASE?
F. Verdict
2) Acquittal
is a “not guilty” vote
the defendant is immediately released
34. II. WHAT HAPPENS IN A CRIMINAL
CASE?
F. Verdict
3) Hung Jury (GR#7: What happens when a jury cannot decide
on a verdict?)
occurs when after several days, the jury can not reach a
unanimous decision
this does not provide a guilt or not guilty
the case may be retried until a verdict is reached
35. II. WHAT HAPPENS IN A CRIMINAL
CASE?
G. Sentencing
when the defendant is found guilty
in some states, the jury decides the penalty
this is when the defendant decides how long they must
spend in prison
36. II. WHAT HAPPENS IN A CRIMINAL
CASE?
H. Appeal
a guilty defendant may appeal to a higher court if they
believe that the judge had made errors during the trial