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What is Crime?

Aim : What is Criminal Justice? Do Now: What do you think is involved in the criminal justice system?. What is Crime?. Crime is an act in violation of the Penal Laws of a State, County, or of the United States.

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What is Crime?

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  1. Aim: What is Criminal Justice?Do Now: What do you think is involved in the criminal justice system?

  2. What is Crime? • Crime is an act in violation of the Penal Laws of a State, County, or of the United States. • Crime is also defined as; any act or conduct prejudicial to the community as a whole. The commission of such crime or act renders the person who is responsible; liable to punishment by a fine, imprisonment, or other penalty.

  3. Who determines the definition of a crime? • Local, County, State, and the Federal Governments all pass laws and ordinances which constitutes CRIMES. If a person fails to act in accordance with the law set by the various governments; they have in fact committed a CRIME.

  4. Criminal Law • Criminal law defines crime… • as the conduct and behavior which our society finds unacceptable and punishes those who commit a defined crime. • All societies must have a criminal law system if the people are to live in peace. Without laws, rules, and standards there would be Anarchy.

  5. The Courts • The courts Interpret the meanings of laws and apply them to specific cases, Appellate courts check on the trial courts and the US Supreme Court checks the Constitutionality of ALL laws brought before them. Only a very small percentage of cases go before the Supreme Court each year.

  6. What is Criminal Procedure? • Criminal Procedure begins with the Police and Peace Officers. In our society the police are charged with investigating crimes. Police and Peace Officers are known as Law Enforcement Officers (LEO). Their job is to respond to crimes, investigate crimes, collect evidence, make arrests, and turn the cases over to Prosecutors who will then try the case before the courts.

  7. Criminal Procedure Law (CPL) • Criminal Procedure Law works to protect those accused of crimes and to make sure they receive a fair and just trial. • The New York State Criminal Procedure Law spells out exactly what steps must be taken when the Criminal Justice System is in operation. Violations of the CPL can lead to dismissal of all charges against the accused.

  8. Miranda Warnings In 1966, the US Supreme Court ruled that police must protect a person’s 5th Amendment right against self incrimination…. Commonly you may or may not here the following if arrested; “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?

  9. Police DO NOT have to read you Miranda warnings if: • You are talkative on your own. • The evidence is strong against you and the cops do not need information from you. • You are NOT being questioned. • As per a 2004 Supreme Court ruling; you are only being stopped and identified by the police. Know as a stop and frisk.

  10. The United States Constitution and the Constitutions of all 50 states offer numerous protections to those arrested for crimes. In many instances criminals have more rights then victims. • The US Constitution requires that those accused of crimes have “due process of law”, are protected against “unreasonable searches and seizures”, and are free from “cruel and unusual punishment”.

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