4-2

Criminal Procedure

  

GOALS

 Know the rights people have when arrested and their potential criminal liability for the action of others  Name and describe the two types of defenses to criminal charges Understand appropriate punishment for crimes Explain the steps in criminal procedure

LAW

for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 1

 

RIGHTS AND RESPONSIBILITIES

        Rights of the accused Right to due process Fair procedures during investigations Fair procedures in court Not compelled to testify No unreasonable searches and seizures Legal representation Proof beyond a reasonable doubt Trial by jury of peers   Responsibility for the criminal conduct of others Knowingly aiding another, accomplice Felony murder – someone killed during act of a felony

LAW

for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 2

TYPES OF DEFENSES TO CRIMINAL CHARGES

        Procedural defenses Based on problems with the way evidence is obtained Way the accused person is arrested Questioned Tried Punished Ignorance of the law is not a defense    Substantive defenses Disprove, justify, or excuse the alleged crime Discredit facts the state seeks to establish ie: self-defense, criminal insanity, and immunity

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for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 3

TYPES OF SUBSTANTIVE DEFENSES

 Crimes – must prove beyond a reasonable doubt presentation of defense not required since all the burden of proof is on the prosecution  Possible Defenses 1.

No Crime Committed  no criminal intent involved  not a crime, ie: had license for the gun 2.

Defendant did not commit the crime    mistaken identity alibi – evidence that the defendant was somewhere else at time of crime DNA

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for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 4

TYPES OF SUBSTANTIVE DEFENSES

3.

Defendant committed criminal act but it was excusable/justifiable    self-defense defense of property defense of others   must reasonably believe there is imminent danger can use reasonable force in self defense victim can become the attacker if they don’t stop when threat is ended 4.

  Defendant committed criminal act but not responsible for actions  infancy – children under specified age have infancy defense Intoxication – voluntary intoxication is generally not a defense if crime requires specific mindset and it can be proven too drunk or high to form intent to kill can be valid defense of higher charge still convicted of crime, assault

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for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 5

TYPES OF SUBSTANTIVE DEFENSES

5.

  Insanity  during proceedings mental state helps determine 1.

2.

3.

competent to stand trial?

sane at the time of crime?

sane after trial?

must be insane at time of crime possible verdicts: guilty, innocent, not guilty by reason of insanity (go to hospital), guilty but mentally ill (go to hospital and then to jail)  must prove disease/disorder

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for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 6

TYPES OF SUBSTANTIVE DEFENSES

6.

Entrapment    admits to act but claim induce persuaded by law officer no entrapment if opportunity was provided must be shown defendant would not have committed crime if not induced 7.

Duress  does something as result of coercion or threat of immediate danger to life or personal safety  lacks ability to exercise free will 8.

Necessity  reaction to situation that is unavoidable to protect life

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for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 4 SLIDE 7