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Criminal Law Basics

Criminal Law Basics. Plus Mini “Assignment” PAR 205 Mike Brigner, J.D. Why Do We Need Criminal Laws?. Protect others Maintain social order Discourage future crime Remove dangerous individuals from society Punish wrongdoers. The State, vs. Defendant

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Criminal Law Basics

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  1. Criminal Law Basics Plus Mini “Assignment” PAR 205 Mike Brigner, J.D.

  2. Why Do We Need Criminal Laws? • Protect others • Maintain social order • Discourage future crime • Remove dangerous individuals from society • Punish wrongdoers

  3. The State, vs. Defendant Burden of Proof: Beyond A Reasonable Doubt Guilty or Acquitted More Constitutional Rights Apply Plaintiff vs. Defendant Burden of Proof: By A Preponderance of the Evidence Liable or Not Liable Fewer Constitutional Protections Differences: Criminal vs. Civil

  4. Our focus: Ohio Criminal Code • Other systems we will study only slightly: • Federal • Military • Juvenile • Other states • Other nations

  5. Objectives of Criminal Sanctions • Retribution -- Punish the offender • Protect the Public – Few Crimes while in jail • Deterrence – Of offender & others • Rehabilitation – Workable objective? • Restorative Justice – Apology, Restitution, Community Service

  6. Crime occurs Reported to police Investigation Complaint > Arrest Initial appearance Attorney appointed Bail or O.R. or jail Arraignment > Plea Criminal Procedure in Ohio

  7. Misdemeanor Trial in municipal court. Jury if jailable Felony: Preliminary Hearing or Grand Jury Trial in CP court Plea or verdict Sentence: jail, fine, community control (probation) Criminal Procedure in Ohio

  8. Presumption of Innocence • Every element must be proved beyond a reasonable doubt • Read Ohio definition in R.C. 2901.05 (A), (B), (D) • Query: Why such a high standard of proof?

  9. Reasonable Doubt • Reasonable doubt is that which you would rely upon in your ordinary life • NOT beyond ALL doubt • Q: Ever climbed a ladder? • Ever have ANY doubt about safety of ladder? • But you relied on ladder anyway? So, a little doubt is not beyond reasonable doubt

  10. Criminal Law Materialsin Sinclair LRC: • Ohio Jurisprudence 3d, Criminal Law • Anderson’s Ohio Criminal Law & Procedure • Banks-Baldwin’s Ohio Criminal Justice • Katz & Gianelli, Ohio Criminal Law • Anderson’s Ohio Criminal Law Handbook • Banks-Baldwin’s Drug Laws of Ohio • Steven Landers, Capital Punishment • Warren, Borham, Lamont, Criminal Law Digest • Adrine & Ruden, Ohio Domestic Violence Law

  11. Assignments -- Read text chapters 1, 2, 3 -- Locate and read these statutes: R.C. 2901.01, .02, .05, .12, & .13 -- Statutes: See External Links on My.Sinclair -- Find Crime News articles

  12. For Next Class • Bring in TWO news articles about crime • One LOCAL & • One NATIONAL • Be prepared to discuss: • Why you chose it • How news coverage of crime affects us • And. . . .

  13. What to look for in articles on crime • ACTION - is the action criminal or not? • INTENT - is criminal intent apparent • DEFENSES - is there either excuse or justification?

  14. Introductions - You • When do you graduate? • Strengths? Weaknesses? • What are you the most interested in about criminal law? • What do you want to get out of this course?

  15. Criminal Law Basics • Concluded Thank you

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