Criminal Law and procedure

1. Criminal Law and procedure Spring, 2012

2. Did you know……… The United States has the highest documented incarceration rate in the world, and the highest total prison population in the world According to the Bureau of Justice Statistics, 7,225,800 people, at the end of 2009, were on probation, in jail, or on parole----1 in 32 people in the US

3. Did you know……. In addition there are another 100,000 or so juveniles in detention About 1 in 18 US males are either in jail, or being monitored by the Courts The US prison population has quadrupled since 1980 In 2006, over 68 billion, 747 million dollars was spent on corrections in the US

4. THE COURT What is the definition of “Court” Criminals are convicted by the “Court”, so what gives them the right to try them, find them guilty, or innocent, and sentence them? Where does their authority come from?

5. Chapter One What is Criminal Law? • Objectives: • Define what law is • Know what “common law” means • Be familiar with the criminal law terminology • Explain the difference between criminal law and civil law • Differentiate between the three categories of crimes • Define federalism • Understand basic criminal procedure

6. Introduction/Historical Background In order for any society to operate smoothly it is necessary that it have rules in place Without rules what would happen? These rules have been written down and are known as laws. Law is defined as “the body of rules of conductcreatedby government and enforced by governmental authority” Criminal Law is the study of wrongs committed against society

7. Basis of the American Legal System In order to understand criminal law you have to understand law as it has developed in America When the first English settlers arrived in America they brought with them many things..traditions, language, religion, history They also brought with them their system of justice….”common law”

8. Common Law Got its name because it was law that applied to everyone…it was common to all persons and all places in the English empire The idea was that every case that had similar facts should be decided the same way….it created consistency and predictability in the law People knew what to expect because Judges looked to similar cases to make similar decisions The use of similar cases to decide a current case is known as “stare decisis” translated as “stand by the decision”

9. Example of Common Law P1-2 in text If a Judge in Essex, England ruled that entering another’s house after sunset and removing goods belonging to another was the crime of burglary, then a Judge in Londonderry, England faced with the same facts should rule that it was also the crime of burglary The Judge in Londonderry would look for a similar set of facts, review the case, and decide the same way….he would use the Essex case as “stare decisis”, and would stand by that decision

10. Definition of Common Law System of law which originated in England and was later used in the United States, that is based on judicial decisions in other cases, instead of laws passed by a legislature

11. Precedent A prior case which is used to make a decision in a current case is called precedent Thus in the Londonderry case, the Essex case was used as precedent. The decision made by the Essex Judge served as the basis or precedent for the Londonderry judge’s decision This continues to hold true and these terms “stare decisis” and “precedent” are still used today

12. definition of Precedent Precedent is a prior decision that a court must follow when deciding a new, similar case

13. HANDOUT Take your pick! You are the Judge. Review the facts of the case before you. Now using the cases that are similar decide how you would rule. Why?

14. Theories of Law and Schools of Jurisprudence “Jurisprudence” is the study of law How laws develop is a constant source of study by philosophers, lawyers, and social scientists What makes something important enough to become a written law that can be enforced, varies from era to era and culture to culture What is considered right and wrong, and legal and illegal can change The theories of what causes these changes, and what makes law is known “schools of jurisprudence” There are differing opinions on how this happens

15. Things that used to be illegal/or weren’t acceptable? Can you think of anything that used to be illegal or legally unacceptable that is now acceptable?

16. Answers include: Marijuana use Same sex marriage Non-fault divorce Gambling Prostitution Child custody

17. Theories of Law/Schools of Jurisprudence • There are eight theories about what drives something to become a law • These theories are contained in pages 2-4 of your materials. • Durkheim • Marx • Blackstone • Natural Law • Historical • Analytical • Sociological • Crit/Fem-Crit

18. Schools of Jurisprudence Activity • Each group will be assigned one to two of the schools on pages 2-4 • Pick a spokesperson for your group • You are to review the theory, summarize it and be prepared to tell the class about it including: • What the theory is • What they believe • Any other important information regarding the theory • Examples • Person responsible or influential in the theory

19. Durkheim’s Consensus Theory French philosopher, known as the Father of Sociology Laws develop out of society’s consensus of what is right and wrong Consensus: definition “general agreement by those concerned” Crimes are crimes because society decides they are, not because certain actions are inherently right or wrong, as a result laws change over time to reflect changing attitudes in society

20. Marx’s Ruling Class Theory Karl Marx was a German philosopher and socialist who believed that laws are a reflection of the interests or ideology of the ruling class (bourgeoisie) Laws are objective signs that a class conflict exists between the ruling class and the working class(proletariat) Laws will only change when those in power change

21. Blackstone’s Theory William Blackstone was a great English legal analyst who believed there were two different types of crimes. Inherently evil crimes where the behavior itself is bad or evil male in se, example murder crimes that by themselves are not evil, but which society has chosen to make wrong male prohibita, example driving a car without a valid registration card

22. Natural Law School of jurisprudence Believe that people have “natural rights” and that laws are based on these rights Their belief is rooted in the moral theory of law and that the laws are morality that has been enacted Based on the famous philosopher John Locke who believed that even without laws that are written down there exists a natural law that man must abide by with natural rights that cannot be infringed upon Locke influenced Thomas Jefferson as seen in the Declaration of Independence (quote p.1)

23. The Historical School Precedent is only relied on if the society’s current beliefs reflect the beliefs in the past case The Historical School would support overturning precedent if times and beliefs have changed.

24. The Analytical School Law is determined by logic, cases are decided not on emotions, but on the logical outcome that should occur based on the facts

25. The Sociological School Also known as realists believes that law is a way to achieve goals within a society by shaping societal behavior Realists decide on a public policy they want to achieve, then manipulate laws to achieve their policy goal

26. The Crits/Fem-Crits Crits (Critical Legal Studies School) believed that the legal system is random and that there is no neutrality in the law because the law continues to allow social inequality of those not in power. Believe judges make decisions based on their own politics and ideals Fem-crits are an offshoot of the crits and believe that the current system perpetuates the oppression of women

27. Which theory fits into the American system? What do you think?

28. American system of jurisprudence Unique in that no one theory fits The are elements of some in many of the laws that exist in the United States See example on pages 4-5 We do combinations of these theories

29. Criminal Law vs. Civil Law Legal proceedings are classified as either criminal or civil What is the difference? Each have different functions, rules, procedures and outcomes

30. O.J. Simpson case What is the difference between finding guilt beyond a reasonable doubt and demonstrating a preponderance of the evidence? What standard of proof is required in a criminal trial? In a civil trial? What does a criminal trial require the higher standard?

31. Proof Beyond a Reasonable Doubt:What Does it Mean? • A doubt of 7 1/2 on a scale of 10. • A doubt based on reason and common sense. • Not frivolous or fanciful doubt. • Substantial doubt. • A doubt that would cause prudent persons to hesitate before acting in a matter of importance to themselves.

32. Varying definitions have evolved in different states over the years. “A reasonable doubt exists when a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists. It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.” “A ‘reasonable doubt’ is a doubt based upon reason and common sense after careful and impartial consideration of all the evidence in the case. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation

33. Types of disputes-Civil • Civil Law • Concerned with disputes between private parties and the duties owed to one another • Remedies can be monetary to compensate the Plaintiff for they financial losses they have sustained • Injunctive relief • Civil cases far outnumber criminal cases • Includes tort law, contract law, property law, law of succession, family law • Players are the Plaintiff (person who brings the action) and the Defendant (the person against whom the action is brought) • Example car accident

34. Standard of Proof in a Civil Case Preponderance of the evidence - : the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party or which shows that the fact to be proven is more probable than not. If imagining scales it would only require that it be tipped ever so slightly in favor of the Plaintiff

35. Criminal Law Criminal law protects society Any action that threatens an individual’s safety is a crime In the United States we value the right to own property. As a result, any member of society who takes another’s property has committed a crime Since criminal law seeks to protect the public interests, an action in criminal law is not brought by the victim against the accused, but by the State against the accused. The victim is a witness

36. Commonwealth of Pennsylvania c. Accused Criminal prosecutions are brought against the accused by a representative of the State…the Prosecutor or the District Attorney They represent the society as a whole and are not there as the attorney for the victim In a criminal action it is the State versus the Defendant (the person accused of committing a crime)

37. Criminal law penalties and the Burden of Proof What kind of things can happen to the accused if he is convicted of a crime?

38. Penalties if Convicted Death Imprisonment Fines Probation House arrest Electronic home monitoring Work release

39. Why do we punish those who are convicted? Why do you think we have set up our justice system with these type of penalties?

40. Purpose of penalties Help the public by removing the defendant from society Punishment is meant to be a deterrent to crime….if people see what can happen to them if they commit a crime it will discourage them from doing it because they do not want to risk getting caught and being punished

41. Burden of proof in a criminal case In a criminal case it is up to the government to prove that the allegations against the defendant are true…they have the “burden of proof”. They have to prove their case against the defendant In criminal cases the burden of proof is a hard burden. They must prove their case “beyond a reasonable doubt”

42. “Beyond a reasonable doubt” The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

43. Burden of proof in a civil case The Plaintiff in a civil suit needs to prove their case by a “preponderance of the evidence” Preponderance of the evidence means more likely than not. Tipping the scales ever so slightly in Plaintiff’s favor allows the Plaintiff to prevail In terms of percentages it only has to be 50.1% in Plaintiff’s favor

44. Diagram of a courtroom Judge Defendant Plaintiff Jury

45. Why the Difference in Burden of Proof Why do you think the burden of proof is greater in a criminal case than in a civil case?

46. State of California v. O.J. Simpson This factual scenario demonstrates the difference in the Burden of Proof in a civil case and in a criminal case See p.7 and handout

47. Types of Crimes • Crimes are classified into three categories: • Summary offenses • Misdemeanors • Felonies The exact terminology can vary from State to State

48. Summary Offenses Minor violations such as speeding tickets, parking violations and littering Carry short prison term, less than 90 days but are usually punishable by the payment of a fine Usually tried at the lowest court level, district cour before a district justice or magistrate in the town where the offense occurred Do not carry with them the full constitutional protections of a more serious crime, no right to trial by jury attaches

49. Misdemeanors More serious are summary offenses If convicted may serve a sentence of less than 1 year Examples of misdemeanors are public drunkeness, underage drinking, shoplifting, possession (small amount personal use)

50. Felonies • Most serious category of crime • Includes murder, rape, and robbery • Punishable by long prison terms or even death • Being convicted of a felony has lifelong consequences and will be prohibited from • Serving in public office • Serving on a jury • Holding a professional license • Voting while in jail • Jeopardizes student aid awards