CRIMINAL LAW
U.S. Government
Chapter 15 Section 3
WARM UP
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http://www.youtube.com/watch?v=GQeKLospZI8
• List 3-5 things you know or would like to learn about criminal law?
CRIMINAL LAW
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In criminal law cases, the government charges someone with a crime and is always the
prosecution.
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A crime is an act that breaks government laws and causes injury or harm to people or
society in general.
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*Sometimes a crime can be not doing something that a person may be required by law to do.
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Most crimes in the U.S. break state laws and are tried in state courts
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Federal crimes break federal laws and are tried in federal courts
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The criminal justice system is responsible for enforcing criminal law. This system includes
state and federal courts, judges, lawyers, police, and prisons.
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Crimes committed by minors are handled by a separate juvenile justice system
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What are some examples of state/federal crimes?
TYPES OF CRIME
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Petty Offenses: minor crimes that results in citations or tickets rather than arrest.
 Ex: littering, disturbing the peace, minor trespassing, driving above speed limit
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Misdemeanors: more serious crimes that, if found guilty, result in arrest, fine,
sentence to jail usually for a year or less.
 Ex: vandalism, simple assault, stealing inexpensive items, being drunk &
disorderly
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Felonies: serious crimes that are punishable by imprisonment for a year or more.
 Ex: kidnapping, arson, rape, fraud, forgery, manslaughter, or murder
 *Murder crimes can result in a death punishment
 *conviction of felonies may also result in the loss of certain civil rights like
voting, owning a firearm.
STEPS IN CRIMINAL CASES:
1. INVESTIGATION AND ARREST
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Police suspect a crime has been committed and start investigation to gather evidence
and obtain an arrest warrant.
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A valid arrest warrant has the suspect’s name and alleged crime
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Arrest can occur without a warrant if the police catch someone in the act of committing a
crime or if they have reasonable suspicion a person has committed a crime.
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Person is taken to a police station and charges are recorded/booked.
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Peron can be legally fingerprinted, photographed without a lawyer but they can choose to
not answer any questions without an attorney present.
STEPS IN CRIMINAL CASES:
2. INITIAL APPEARANCE
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When someone is arrested he/she must be brought before a judge as quickly as possible
(usually within 24 hours) to be formally charged with a crime.
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Judge explains charges to the person and their rights.
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If the crime is a misdemeanor the defendant may plead guilty and the judge will decide
on a penalty. If defendant pleads not guilty the judge sets a trial date.
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When the crime is a felony, the judge rather sets a preliminary hearing instead of a plea
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The judge may also decide if the suspect will be released, with or without bail, or held in
custody .
STEPS IN CRIMINAL CASES:
3. PRELIMINARY HEARING OR GRAND JURY
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This step varies from state to state.
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In federal courts and some state courts, cases will go to a grand jury, a group of citizens that will
decide if there is enough evidence to hand up an indictment (formal criminal charge).
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Grand jury hearings are conducted secretly, not a trial, no legal representation.
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Grand juries are not used very much, are replaced with an information (prosecution asserts there
is enough evidence to go to trial)
OR
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A preliminary hearing may be used instead of a grand jury indictment.
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Prosecution presents case to the judge.
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The defendant’s lawyer may represent defendant.
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if the judge believes there is a probable cause that the defendant is guilty of the crime, the case
moves to the next step.
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If the judge does not believe there is enough evidence to prove the crime, the case is dismissed,
charges are dropped.
STEPS IN CRIMINAL CASES:
4. PLEA BARGAINING
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About 90% of cases come to an end with a guilty plea.
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Plea Bargaining is the process where the prosecutor, defense lawyer, and police work out
an agreement through which the defendant pleads guilty to a lesser crime.
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The government in return does not prosecute the more serious crime.
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Supporters say this is an efficient process.
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People who oppose believe this process allows criminals to get off lightly.
STEPS IN CRIMINAL CASES:
5. ARRAIGNMENT AND PLEAS
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After the preliminary hearing or grand jury indictment, the next step is arraignment.
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The judge reads the formal charge against the defendant in an open courtroom.
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The defendant may have an attorney present and may be asked questions to make sure
he/she understands the charges.
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The defendant enters one of four pleas:
• 1. not guilty
• 2. not guilty by reason of insanity
• 3. guilty or
• 4. no contest ( “I will not contest it,” defendant gives up right to a defense)
STEPS IN CRIMINAL CASES:
6. THE TRIAL
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Courts are often crowded so defendants may have to wait a while before trial.
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Defendants have the option of having a jury trial or a trial with only a judge (bench trial).
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A jury is a group of citizens who hear evidence and decide guilt or innocence.
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Defendants have the right to not testify during their trial, does not admit guilt.
• Attorneys say opening statements
• Witnesses are called and evidence is presented (first prosecution then defense)
• Attorneys present closing arguments and summarize cases.
STEPS IN CRIMINAL CASES:
7. THE DECISION
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After the closing arguments, the judge gives the jury a set of instructions and explains the
law that the jury must apply to the facts of the trial.
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The jury then goes to a room to make a decision.
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Jury deliberations are secret and no set time limit.
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In most criminal cases the verdict (decision) must be unanimous.
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If a jury cannot reach a decision it is called a hung jury--a new trial is scheduled.
STEPS IN CRIMINAL CASES:
8. SENTENCING
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If the verdict is not guilty, the defendant is released immediately and with few exceptions
cannot be tried again for the same crime.
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If the verdict is guilty, the judge determines the sentence or punishment.
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Sentences specify a time in prison and may involve a fine or payment.
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Sentences vary with various crimes.
JUVENILE CRIME
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Juveniles (at least 14 years old) may be tried as adults in certain states for crimes
including, but not limited to:
• Murder
• Armed Robbery
• Rape
• Violent Assault
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In some states juveniles may be sentenced to adult prison as early as 16, and in
other states, they may wait until age 18 to transfer them to adult prison.
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Some states have “once an adult always an adult” for offenders who were at least 16
at the time of their first conviction as an adult.
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Should juveniles be tried as adults for certain crimes? Why or why not?