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Understanding Criminal Laws and Defenses: Rights, Procedures, and Punishments

This chapter explores key elements of criminal laws and procedures, emphasizing the rights of individuals during arrest and trial. Key rights include the privilege against self-incrimination and the right to legal counsel. The concept of "proof beyond a reasonable doubt" is crucial, with a standard suggesting that 90% of evidence should support a guilty verdict. The chapter also discusses procedural and substantive defenses, including self-defense, criminal insanity, and immunity. It concludes with the role of punishment in deterring crime and the process of plea bargaining.

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Understanding Criminal Laws and Defenses: Rights, Procedures, and Punishments

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  1. Chapter 5Our Criminal Laws Criminal Procedure

  2.             Don’t have to testify against themselves •             Right to a lawyer •             Evidence must establish guilt with proof beyond a reasonable doubt • 90% (?) of evidence supports guilty verdict •             Jury trial if prosecutor or defendant requests one • Guilty if all jurors vote to convict usually Rights When Arrested • Don’t have to testify against themselves • Right to a lawyer • Evidence must establish guilt with proof beyond a reasonable doubt • 90% (?) of evidence supports guilty verdict • Jury trial if prosecutor or defendant requests one • Guilty if all jurors vote to convict usually

  3.      Procedural defenses • based on problems with the way evidence is obtained or the way the accused person is • arrested, questioned, tried, or punished •             Substantive defenses • disprove, justify, or excuse the alleged crime • discredit the facts the state sought to establish Defenses to Criminal Charges • Procedural defenses • based on problems with the way evidence is obtained or the way the accused person is • arrested, questioned, tried, or punished • Substantive defenses • disprove, justify, or excuse the alleged crime • discredit the facts the state sought to establish

  4.             Self-defense • use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping •             Criminal insanity • don’t know the difference between right and wrong • no criminal intent • must be proved at trial •             Immunity • freedom from prosecution Substantive Defenses • Self-defense • use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping • Criminal insanity • don’t know the difference between right and wrong • no criminal intent • must be proved at trial • Immunity • freedom from prosecution

  5.      Is meant to discipline the wrongdoer •      Should also deter others from similar behavior •      Plea bargain Punishments for Crime • Is meant to discipline the wrongdoer • Should also deter others from similar behavior • Plea bargain

  6.      True •      True •      C, indebtedness •      B, substantive defense •      False Think About Legal Concepts True True C, indebtedness B, substantive defense False

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