U.S. Constitution
- Read it, it’s short
- Supreme law of the land
- Source of our freedoms and rights
- Not a lot of detail
- Leaves much to judicial interpretation
Early History of “Law”
- Origin in English Common Law
o Precedent foundation
- Carried to colonies/states
“Crime”
- Violation of society’s specific code of conduct, as defined by legislative body.
- Government Unit v. Individual (Criminal Crimes)
- Contrast with Civil Action (Civil Crimes)
o Individual v. Individual
o Tort
o Breach & Contract
- Civil Crimes (1 of 2 Things)
o Caused harm/damage (Tort)
o Breach of contract
- O.J Simpson (Criminal-Innocent, Civil-Guilty)
- Statute specifics the elements of the crime
- All elements must be proved beyond a reasonable doubt
- Combination of prohibited act with requisite intent
- Intent v. Motive – Mental state
- Intent = Purpose – “Do you intend to harm?”
- Motive = Why?
- Government always prove intent hardly ever motive
o Will try to prove motive (convince jury completely)
- “Male in se”
o Universally recognized as morally wrong
Ex) murder, assault, arson, rape, burglary
- “Mala prohibita”
o Wrong simply because statute prohibits them
Ex)Traffic offenses, practicing law w/o a license
Rationales for Criminal Punishment
- Retribution(punishment) = “getting even”
- Deterrance
o Defendant
o Others
- Incapacitation – “to cage up”, Prison or Death
o Protect society
- Rehabilitation – make a better person
- Restitution – Pay back victim
Forms of Criminal Punishment
- Death
- Incarnation = “Take off Street”
- Fine
- Probation – “Second chance”
- Restitution
- Supervised Release/Parole – Comes after being locked up
- Loss of civil rights
- Community Service
Levels of Offense
- Felony – Imprisonment > 1 year (doesn’t have to be fulfilled)
- Misdemeanor – 1 year or less
- Classifications:
o Each jurisdiction defines its own crimes and terms
o 1st Degree – Class A
Sources of Law
- U.S. Constitution
- State Constitutions
- U.S. Statutes
- State Statutes
- Federal Court Decisions
- State Court Decisions
Statutes
- Bills passed by Congress or State Legislature
- No action can be considered criminal unless prohibited by a statute in effect at the time the conduct was committed.
Constitutions v. Statutes
- Governments control conduct of individuals through enactment and enforcement of criminal statutes.
- Constitutions place limits on the power of the governments to control the citizens.
Court Decisions (Case law)
- Written and published decisions by courts which interpret existing constitutional and statutory provisions.
- “Stare Decisis”
o Written opinions are generally binding precedents which must be followed by inferior courts.
Provisions of U.S. Constitution Relating to Criminal Law
- Article 1, Section 9
o (2) Writ of Habeas Corpus
o (3) No Bill of attainder or ex post facto law
Bill of Rights
- 1st Amendment
o Freedom of religion, speech, press, assembly
- 2nd Amendment
o Right to keep and bear arms
- 4th Amendment
o Freedom from unreasonable search & seizure.
o Warrants require probable cause
- 5th Amendment
o Requirement of grand jury indictment
o Freedom from double jeopardy
o Right against self-incrimination
o Right to due process of law
- 6th Amendment
o Right to speedy and public trial
o Right to impartial jury and trial in proper venue
o Right to be informed of charges
o Right to confront witnesses
o Right to subpoena witnesses
o Right to counsel
- 8th Amendment
o Prohibition of excessive bail
o Prohibition of excessive fines
o Prohibition of cruel and unusual punishment
Criminal Procedure
- Constitution missing something
o Does not specify procedures or remedies
- Statutes, Court Rules, and Case law, all combine to create a system in which the criminal laws are enforced within the bounds of the Constitution.
State Constitutions
- Each state has its own
- Apply to actions of state only
- Can be more restrictive than U.S. Constitution
- Cannot dilute the protections of the U.S. Constitution
Law of the Jurisdiction
- Federal Court
o U.S. Constitution, statutes, court decisions and rules apply
o Federal law applies in all 50 states
- State Courts
o U.S. Constitution, federal court decisions
o State Constitution, statutes, state court decisions and rules apply
o State law only applies within that state
Who’s Who in Justice System
- Law Enforcement Officers/Investigators
o Federal, State, Local
- Prosecutor
- Defense Attorney
- Judge
o Magistrate
o Trial
o Appellate
- Pretrial Services/Probation Officer
- Corrections Officers
Chronology of a Federal Criminal Case
1. Congress passes and president signs a bill, creating a statute that defines the crime.
2. Defendant commits the crime after the effective date of the statute.
3. Law enforcement officers investigate, gathering evidence that a crime was committed, and that the defendant committed it.
4. Investigators present evidence to the U.S. Attorney, who decides whether to prosecute.
5. Case is presented to grand jury, meeting in secret, who determine whether there is probable cause to believe the crime was committed and that defendant committed it.
6. Grand jury finds probable cause and returns an indictment.
7. Defendant brought before magistrate judge for initial appearance
o Arrest
- or
o Summons
8. First appearance
o Informed of charges
o Informed of rights
o Right to counsel
o Release from custody or continued detention pending trial
Bail
Personal recognizance
Other conditions of release
9. Arraignment
o Defendant appears before judge and enters a plea
Not guilty – proceed to trail phase
Guilty – proceed to sentencing phase
Not guilty plea can be changed at later date
• Most cases get resolved this way (90%)
o Note: Max 10% of all cases actually go to trial.
10. Discovery
o Prosecutor provides defense counsel with copies of evidence against defendant
o Defense must disclose some of its evidence to prosecutor
o Defense counsel and defendant map out their strategy
11. Pretrial motions
o Defense presents legal challenges to the charges,