Specifics of a criminal trial
- the accused is presumed innocent until proven guilty
- the plaintiff (the government) bears the burden of proof
- the government must prove beyond a reasonable doubt that the accused is guilty of the crime charged
- the accused does not have to testify against him or herself
Definition of a crime
- crime -- a crime is any act done by a person in violation of the duties that he or she does to society and for the breach of which the law provides a penalty
- penal codes -- state and federal statutes define many crimes. Criminal conduct is also defined in many regulatory statutes
- parties to a criminal lawsuit are:
- plaintiff -- the government, which is represented by the prosecuting attorney or prosecutor
- defended -- the person or business accused of the crime, who is represented by a defense attorney
Classification of crimes
- felonies -- the most serious kind of crimes are felonies. They are mala in se (inherently evil), and they are usually punishable by imprisonment
- misdemeanors -- misdemeanors are less serious crimes than felonies. They are mala prohibita (prohibited by society), and they are usually punishable by fine and slashed work imprisonment for less than one year
- violations -- a violation is neither a felony or misdemeanor. Violations are generally punishable by a fine
Elements of a crime
most crimes require that the following two elements be proven:
- actus reus -- guilty act
- mens rea -- evil intent
Criminal procedure
Pretrial criminal procedure
- arrest -- an arrest is made pursuant to an arrest warrant, based on a showing of probable cause war, where permitted, by a warrantless rest
- indictment or information -- grand juries issue indictments, magistrates/judges issue information. These formally charged the accused with specific crimes
- arraignment -- the accused is informed of the charges against him or her and enters a plea in court. The plea may be -- not guilty, guilty, or nola contendere (no contest)
- plea bargaining -- in a plea bargain, the government in the accused may negotiate a settlement agreement wherein they accused agrees to make to a lesser crime then charged
Criminal trial and appeal
- a criminal trial may involve the following:
- guilty -- requires unanimous vote of the jury
- not guilty -- requires unanimous vote of the jury
- hung jury -- not unanimous vote of the jury. The government may prosecute the case again
- an appeal involves the following:
- defended -- may appeal his or her conviction
- plaintiff -- may not appeal. A verdict of innocent
Common crimes
- robbery -- robbery is the taking of personal property from another by fear or force
- burglary -- burglary is the unauthorized entering of a building to commit a felony
- larceny -- larceny is the wrongful taking of another's property other than from his person or building
- theft -- theft is the wrongful taking of another's property, whether by robbery, burglary, or larceny
- receiving stolen property -- a person may knowingly receive stolen property with the intent to deprive the rightful owner of that property
- arson -- arson is the malicious and willful burning into a building
- extortion -- extortion and bolts a threat to expose something about another person unless that person gives up money or property
White collar crimes
white-collar crimes or crimes going to be committed by business persons involved cutting and trickery rather than physical force.
- forgery -- forgery and bolts fraudulently making or altering a document that affects the legal liability of another person
- embezzlement -- the fraudulent conversion of property by a person to whom the property was entrusted
- criminal fraud -- involves obtaining title to another's property through the section or trickery
- mail fraud -- use of mail to defraud another person
- wire fraud -- use of wire (telephone or telegraph) to defraud another person
- bribery -- offer of payment of money or property or something else of value in return for an unwarranted favor. The payor of a bride and the recipient are both guilty of the crime of bribery
- commercial bribery -- is the offer of a pain it of a bribe to private persons and businesses. This is often referred to as a kickback or payoff
- bribery of public officials for an official act is a crime
- Money Laundering Control Act -- this federal statute makes it a crime to:
- knowingly engage in the money transaction through a financial institution involving property worth more than $10,000
- knowingly engage in a financial transaction involving the proceeds of an illegal activity
- Racketeer Influenced and Corrupt Organizations Act (RICO) -- makes it a federal crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity. Criminal penalties include the forfeiture of any property or business interest gained through a RICO violation
Corporate criminal liability
- corporate directors, officers, and employees are criminally liable for crimes they commit for personal benefit were on behalf of the corporation
- a corporation is criminally liable for crimes committed by directors, officers, employees, while acting on behalf of the corporation
Constitutional safeguards
Fourth Amended Protection against unreasonable search and seizures
- reasonable search and seizure based on probable cause is lawful
- search warrant -- stipulates the place and scope of the search
- warrantless search -- permitted only:
- incident to an arrest
- where evidence is in plain view
- where it is likely the evidence will be destroyed
- exclusionary rule -- evidence obtained from an unreasonable search and seizure is tainted evidence that may not be introduced at a government proceeding against a person searched
- business premises -- are protected by the fourth amendment, except that certain regulated industries may be subject to warrantless searches authorized by statute
Fifth Amendment privilege against self-incrimination
this amendment provides that no person shall be compelled in any criminal case to be a witness against himself. A person asserting this privilege is said to have taken the fifth.
- non-testimonial evidence -- this evidence (example -- fingerprints, body fluids) is not protected
- businesses -- the privilege applies only to natural persons; businesses cannot assert the privilege
- Miranda rights -- a criminal suspect must be informed of his or her Fifth Amendment rights before the suspect can be interrogated by the police or government officials
- immunity from prosecution -- immunity is granted by the government to obtain otherwise privileged evidence. The government agrees not to use the evidence given against the person who gave it
- attorney-client privilege -- an accused's lawyers cannot be called as a witness against the accused
- other privileges -- the following privileges have been recognized, with some limitations:
- psychiatrist / psychologist
- Priest/Minister/Rabbi
- spouse
- parent -- trial
- accountant-client privilege -- such privilege is not recognized at the federal level. Some states recognizes privilege and state law actions
Fifth amendment protection against double jeopardy -- sixth amendment right to a public jury trial
this amendment protects persons from being tried twice by the same jurisdiction for the same crime. If the act violates the wall of two or more jurisdictions, each jurisdiction may try the keys. The Fifth Amendment guarantees criminal defendants, the following rights:
- to be tried by an impartial jury
- to confront the witness
- to have the assistance of a lawyer
- to have a speedy trial
Eight amendment protection against cruel and unusual punishment
the eighth amendment protects criminal defendants from cruel and unusual punishment. Capital punishment is permitted by this amendment.
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