Criminal Law for Paralegals: Chapter 1
Introduction
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Chapter 1
An Introduction to Criminal Law
Introduction
This chapter introduces the criminal justice system and provides an overview
of the federal and state court systems.
Criminal cases are actions brought by a governmental unit (city, state,
federal) to protect the interests of their citizens. The prosecution (the
government) brings a case against an individual or entity (the defendant),
accusing the defendant of violating a law. A trial occurs at the end of a long
sequence of events that begin with the defendant’s arrest and proceeds
through several stages prior to the defendant’s trial before a judge or a jury.
The U.S. Constitution grants both state and federal governments the power
to make laws and, consequently, prosecute those who break those laws.
Where state and federal laws conflict, the Supremacy Clause of the U.S.
Constitution provides that federal law will prevail.
The United States has a long history of “judge-made” law, known as
common law. Although many states have enacted legislation to replace the
common law, it still remains an important guide for future judicial decisions,
and thus will be considered throughout this course.
Lecture Notes
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Criminal Law vs. Civil Law
Criminal law differs from civil law in several ways:
Parties/Purpose: Criminal cases are legal actions brought by the
government to protect the interests of society (i.e., to make society a better
place to be)
Compare: Civil actions are brought by private individuals/entities against
others to protect the private parties’ rights. It is an action to settle a private
wrong, while a criminal action seeks to address a public wrong.
Outcome: The outcome of a criminal action can, and often does, result in
depriving a defendant of their liberty (by putting them in jail)
Compare: Civil actions result in a awards of money damages to private
individuals.
Burden of Proof: In a criminal case, the government (prosecution) must
demonstrate beyond a reasonable doubt that the defendant committed a
crime. The burden of proof in a criminal trial is higher than a civil action
because the stakes are higher - a defendant’s liberty is at stake.
Compare: The plaintiff in a civil action must only show by a preponderance
of the evidence (“more likely than not”) that s/he should win.
Classes of Crimes: Felony vs. Misdemeanor
Misdemeanor:
Crimes punishable by less than one year in custody and/or less than $1,000 to
$5,000 fine (varies by state).
Felony:
A felony is a crime punishable by more than one year in custody.
Example: Winona steals clothing worth $5,000 at an exclusive Bel Air,
California store. She is charged with felony shoplifting.
Criminal Prosecutions: State vs. Federal
Legislative Laws:
Both state and federal governments have the power to pass legislation to
criminalize conduct.
Example: California can pass legislation making it a crime to sell or possess
marijuana (crime against the state). The Federal government can pass
legislation prohibiting the transportation of illicit drugs across state lines
(federal crime).
Statutory Crimes vs. Common Law Crimes:
Before the American colonists established state “legislatures” that would create
statutory laws, they “borrowed” the English legal system and adopted England’s
“common law crimes” - judge-made laws defining criminal, as well as civil,
conduct. Many states still have “common law” crimes, which exist side-by-side
statutory law; criminal defendants in these states can be charged with both a
common law crime, as well as the statutory crime.
Statutory crimes “modernize” common law crimes: The legislative laws (statutes)
encompass modern changes in society and make crimes that would not,
historically, have been a crime under common law, a criminal act.
Example: Common law burglary required “Breaking and entering the dwelling
house of another, at night, with the intent to commit a theft or felony therein.”
Criminal statutes recognize that burglaries can occur in office buildings,
garages, parking lots, etc. and have omitted the requirement that a burglary
occur at a “dwelling house.”
State vs. Federal Courts: State and federal courts generally have exclusive
jurisdiction over matters; that is, state courts hear state matters and federal
courts hear federal matters. While their jurisdiction is, generally, exclusive, it
may overlap.
Example: Joe is in possession of cocaine in California. He crosses into
Nevada with the drugs in his possession. California and Nevada can
prosecute him for possession of drugs; the U.S. can prosecute him for
interstate commerce violations (crossing between state lines possessing an
illegal substance).
Court Structure: Both state and federal courts have trial courts, appellate
courts[1], and a supreme court. Each state has exclusive jurisdiction over state
matters, while the federal government has exclusive jurisdiction over federal
mattes; however, the United States Supreme Court has ultimate jurisdiction to
hear state OR federal cases. The USSC is the only level where the state and
federal court systems converge.
(See Diagram Below - Click to enlarge)
Supremacy Clause: There are times when a crime is a violation of a state
statute as well as a federal statute. If a conflict between the state and federal
government arises, the Supremacy Clause provides that the U.S. Constitution,
laws and treatises take precedence over conflicting state constitutions or laws.
Example: Based on our example above, the US government can elect to
prosecute Joe for drug trafficking before he is released to either California or
Nevada for trial of drug possession charges.
------------------------------------[1] Some states with historically smaller populations (e.g., Nevada, Montana)
do not have intermediate appellate courts. These states use their state
supreme courts to hear appeals from trial courts.
[2] A few states, such as New York, refer to their intermediate appellate court
as the “Supreme Court” and their state supreme court as the “Court of
Appeals.” However, most states use the names noted above.
Application
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1. Review the Kline, Marbles, and Fortner case overviews in the Appendix.
These cases will provide the basis of questions and problems throughout
the text.
2. Contact your local trial court clerk’s office and find out if any court
hearings are scheduled. The clerk publishes a calendar of such cases, and
since almost all trials (except juvenile cases) are open to the public, you are
free to visit the courthouse and see the criminal justice system in action.
Chapter Review
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1. List the various participants in the criminal justice system and explain the
function of each.
2. What is the supremacy clause?
3. What is the common law? Is the common law still in use in the United
States? Does the common law still serve a useful purpose?
4. List and explain the important differences between criminal law and civil
law.
5. What are the three branches of government? Give a brief summary of the
role each branch plays.
Chapter Review Answers
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1. List the various participants in the criminal justice system and explain the
function of each.
The defendant is the person charged with a crime and is the person at the
center of the entire state’s case. If the defendant is found guilty, he or
she will be sentenced and may serve a prison term.
The defense attorney represents the defendant. The defense attorney is a
member of the state bar and is licensed to practice law. The defense
attorney’s role in the criminal justice system is to safeguard the rights of
the person accused of a crime.
The prosecutor is also a member of the sate bar and is also a licensed
attorney. The prosecutor’s function is to gather the evidence and present
a case against the defendant. Prosecutors routinely draft charging
instruments such as indictments and accusations. The prosecutor’s ethical
role is to seek justice. Prosecutors also advise the police on legal issues,
such as proper search warrants, and frequently handle the appeals of
cases in which the defendant has been found guilty.
The judge is the person who presides at the trial. The judge is usually a
former attorney. The judge is responsible for the orderly and efficient
use of the courtroom, maintaining discipline and sentencing the
defendant if he or she should be found guilty.
Clerks are people whose job is to maintain the public records. Clerks often
appear in court to maintain the files and note the dispositions of the
various cases.
Probation officers are people charged with the duty of monitoring people
convicted of a crime. Whether they are serving their sentence on
probation or parole, a probation officer’s duty is to make sure that the
defendant is not violating the terms and conditions of this sentence,
namely, that he or she is maintaining gainful employment, is not using
narcotics, and has not committed any new crimes.
2. What is the supremacy clause?
The supremacy clause is a provision of the United States Constitution that
provides for the situations in which the state law and federal law are in
conflict. In cases where there is overlapping jurisdiction, the supremacy
clause dictates that federal law takes precedence.
3. What is the common law? Is the common law still in use in the United
States? Does the common law still serve a useful purpose?
Common law is the body of law that was adopted from England at the
time of the American Revolution. It is a system of laws that is based not
on written statutes, but on the decisions of judges stretching back
through time. Only a few states continue to rely on common-law crimes.
All states have statutes that make certain actions illegal, but a few states
have both common-law offenses and statutory offenses. Common law is
useful in that it is a huge body of decided cases that can assist judges and
lawyers in deciding complex issues.
4. List and explain the important differences between criminal law and civil
law.
There are several important differences between civil and criminal law.
To begin with, the parties who bring these two actions are different. In
civil law, an individual brings a lawsuit against another individual. In
criminal law, the state or federal government brings actions against an
individual who is charged with a crime. The burden of proof in both cases
is different. In civil cases, the plaintiff simply has to prove by a
preponderance of evidence that his or her version of the case is more
likely. In criminal cases, the government must prove that the defendant
committed the crime beyond a reasonable doubt. In addition to these
differences, the outcome of the civil case is different from the outcome of
a criminal case. At the conclusion of a civil case, if the defendant loses, he
or she will be convicted of a crime. This means that the defendant may
serve time in prison and pay a fine. If the government loses, the
defendant is set free.
5. What are the three branches of government? Give a brief summary of the
role each branch plays.
The three branches of government are the Judicial branch, the Legislative
branch, and the Executive branch. The Judicial branch is responsible for
administering justice and interpreting the law. The Legislative branch is
responsible for creating law. The Executive branch is responsible for
enforcing law. The judge represents the Judicial branch. The Legislative
branch is represented by the United States Congress or the state
legislature. The Executive branch in represented by the president of the
United States or, at the local level, the prosecutor whose duty it is to bring
charges and enforce the law.
Chapter Quiz
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Click here for the Chapter Quiz.