1、Lesson 14 American Criminal Law When a society and its government decide that certain conduct is dangerous to citizens,or damaging to the society as a whole,such conduct is labeled a crime and is made punishable by sanctions such as fines and imprisonment.Most crimes are identified in statutes that
2、have been enacted by federal,state,and local government legislatures,in response to issues that affect the jurisdiction.The Criminal Law System:Players and Procedure The criminal law system encompasses the entire criminal process itself-from investigation and arrest,to conviction and sentencing-and
3、the people who play a role in that process:the accused,police officers,prosecuting attorneys,bail bondsmen,criminal defense attorneys,judges,witnesses,probation officers,and corrections officers.Common Defenses to Criminal Charges To convict a criminal defendant,the prosecutor must prove the defenda
4、nt guilty beyond a reasonable doubt.As part of this process,the defendant is given an opportunity to present a defense.There are many types of defenses,from I didnt do it to I did it,but I was too drunk to know what I was doing.American legal system generally recognizes some broad categories of defe
5、nse:The Alibi Defense An alibi defense consists of evidence that a defendant was somewhere other than the scene of the crime at the time it was committed.For example,assume that Freddie is accused of committing a burglary on Elm Street at midnight on Friday,September 13.Freddies alibi defense might
6、consist of testimony that at the time of the burglary,Freddie was watching Casablanca at the Maple Street Cinema.At all stages of the criminal process,a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S.Constitution and key court decisions
7、.These include the right to an attorney and the right to a speedy jury trial.These constitutional rights provide a balance between the governments interest in ensuring that criminal behavior is identified and punished,and the fundamental need to preserve and promote the individual freedoms that char
8、acterize a democratic society.The Presumption of Innocence nAll people accused of a crime are legally presumed to be innocent until they are convicted,either in a trial or as a result of pleading guilty.This presumption means not only that the prosecutor must convince the jury of the defendants guil
9、t,but also that the defendant need not say or do anything in his own defense.A defendant may simply remain silent,not present any witnesses,and argue that the prosecutor failed to prove his or her case.If the prosecutor cant convince the jury that the defendant is guilty,the defendant goes free.Reas
10、onable Doubt nThe prosecutor must convince the judge or jury hearing the case that the defendant is guilty beyond a reasonable doubt.This standard is very hard to meet.As a practical matter,the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts abo
11、ut the meaning of the evidence in favor of the defendant.With such a high standard imposed on the prosecutor,a defendants most common defense is often to argue that there is in fact reasonable doubt.Self-DefensenSelf-defense is a defense commonly asserted by someone charged with a crime of violence,
12、such as battery(striking someone),assault with a deadly weapon,or murder.The defendant admits that she did in fact commit the crime,but claims that it was justified by the other persons threatening actions.Self-defense is rooted in the belief that people should be allowed to protect themselves from
13、physical harm.But she cannot use more force than is reasonable-if she does,she may be guilty of a crime.Defense of Home and PropertynThe owner of property can justifiably use reasonable,non-deadly force to prevent others from unlawfully taking or damaging it.On the other hand,acts which would otherw
14、ise be criminal may carry no criminal liability if undertaken to protect ones home.Home is ones dwelling,and provide one to retreat when possible before resorting to deadly force,this is so-called the Castle Exception.Necessity nNecessity or the claim that some illegal action was needed to prevent a
15、n even greater harm,is a useful defense in cases which do not involve serious bodily harm.nDuress Duress has been defined as any unlawful thereat or coercion used by a person to induce another to act.Under the InfluencenDefendants who commit crimes under the influence of drugs or alcohol sometimes a
16、rgue that their mental functioning was so impaired that they cannot be held accountable for their actions.Generally,however,voluntary intoxication does not excuse criminal conduct.Defendants know that alcohol and drugs affect mental functioning,and thus they should be held legally responsible if the
17、y commit crimes as a result of their voluntary use.In contrast,involuntary intoxication is another matter.The Insanity DefensenThe insanity defense is based on the principle that punishment is justified only if the defendant is capable of controlling his or her behavior and understanding that what h
18、e or she has done is wrong.Because some people suffering from a mental disorder are not capable of knowing or choosing right from wrong,the insanity defense prevents them from being criminally punished.nThe insanity defense is an extremely complex topic;many scholarly works are devoted entirely to e
19、xplaining its difference.Diminished CapacitynThis defense is similar to the defense of insanity in that it depends upon a showing that the defendants mental state was impaired at the time of the crime.A diminished capacity defense is built upon the recognition that mental condition though insufficie
20、nt to exonerate,may be relevant to specific mental elements of certain crimes or degrees of crime.So defendant might reduce first-degree murder to second-degree murder.Stages of a Criminal CasenHere you will find information on what to expect at each stage of a typical criminal case-including tips o
21、n the arrest process,plea bargains,sentencing options,and more.To begin,select an item from the list below.Arrest Booking&Bail Arraignment Plea Bargain Preliminary Hearing Pre-Trial Motions Trial Sentencing AppealsnExplain the castle exception rulenWhat is the difference between voluntary intoxicati
22、on and involuntary intoxication?Question for discussionnCase study:Steve was stopped by a security guard as he left a department store.His oversized backpack contained three pairs of expensive running shoes and nothing else.After interviewing the guard,who described seeing Steve take the shoes and l
23、eave without paying for them,the prosecuting attorney decided to charge Steve with burglary.At the trial,what was the prosecutor able to prove Steves crime of burglary?nSteve entered a structure listed in the burglary statute.(The state statute included the term store.)nThe structure belonged to ano
24、ther person.It was easy to show that Steve did not own the store.nSteve entered with the intent to commit theft.The prosecutor convinced the jury that Steves use of an oversized,empty backpack was evidence that,at the time he entered the store,he was planning to hide stolen goods.The jury didnt beli
25、eve Steves claim that he only decided to steal the shoes(and therefore formed the intent to steal)after he had entered the store.Stages of a Criminal CaseArrest The criminal justice process typically begins when a police officer places a person under arrest.An arrest occurs when a person has been ta
26、ken into police custody and is no longer free to leave or move about.The use of physical restraint or handcuffs is not necessary.The key to an arrest is the exercise of police authority over a person,and that persons voluntary or involuntary submission.A police officer may usually arrest a person in
27、 the following circumstances:The Police Officer Personally Observes a Crime The Police Officer Has Probable Cause to Arrest An Arrest Warrant Has Been Issued Booking and Bail After a criminal suspect is arrested,the next steps in the case are the processing of the person into police custody(booking)
28、,and a determination of his or her eligibility for release from custody in exchange for the posting of a set amount of money(bail).During booking,a police officer typically:l Takes the criminal suspects personal information(i.e.,name,date of birth,physical characteristics);l Records information abou
29、t the suspects alleged crime;l Performs a record search of the suspects criminal background;l Fingerprints,photographs,and searches the suspect;l Confiscates 没收any personal property carried by the suspect(i.e.,keys,purse),to be returned upon the suspects release;and l Places the suspect in a police
30、station holding cell or local jail.How Bail Is SetlJudges are responsible for setting bail.Because many people want to get out of jail immediately(instead of waiting up to five days to see a judge),most jails have standard bail schedules that specify bail amounts for common crimes.An arrested person
31、 can get out of jail quickly by paying the amount set forth in the bail schedule.Arraignmentl After the arrest,booking and initial bail phases of the criminal process,the first stage of courtroom-based proceedings takes place-arraignment.During a typical arraignment,a person charged with a crime is
32、called before a criminal court judge.Also at the preliminary hearing,the prosecutor will give the defendant and his or her attorney copies of police reports and any other documents relevant to the case.Plea BargainslWhat Kind Of Plea Bargain Might Be Made?To illustrate how a“plea bargain”might be re
33、ached in a criminal case:suppose Dan is arrested and charged with two counts of aggravated assault/battery,殴打based on his alleged use of a baseball bat in a street fight.A plea bargain might be reached in Dans case in one of three ways:l 1)The prosecuting attorney handling the case approaches Dan an
34、d his attorney,and offers to allow Dan to plead guilty to a less serious charge,such as simple assault/battery or even disorderly conduct;orl 2)Dan agrees to plead guilty to one charge or count of aggravated assault/battery,in exchange for dismissal of the second count;or l 3)The governments evidenc
35、e against Dan is so strong,and the injuries suffered by the assault victim so serious,that Dan agrees to plead guilty to the original charge of aggravated assault/battery,in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.Preliminary Hearingl Usua
36、lly held soon after arraignment,a preliminary hearing is best described as a trial before the trial at which the judge decides,not whether the defendant is guilty or not guilty,but whether there is enough evidence to force the defendant to stand trial.In making this determination,the judge uses the
37、probable cause legal standard,deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s)charged.What to Expect at the Preliminary Hearingl In reaching this probable cause decision,the judge listens to arguments from the govern
38、ment or prosecutor,and from the defendant or his attorney.The prosecutor may call witnesses to testify,and can introduce physical evidence in an effort to convince the judge that the case should go to trial.The defense usually cross-examines the governments witnesses and calls into question any othe
39、r evidence presented against the defendant,seeking to convince the judge that the prosecutors case is not strong enough,so that the case against the defendant must be dismissed before trial.Triall In a criminal trial,a jury examines the evidence to decide whether,beyond a reasonable doubt,the defend
40、ant committed the crime in question.A trial is the governments opportunity to argue its case,in the hope of obtaining a guilty verdict and a conviction of the defendant.A trial also represents the defenses chance to refute the governments evidence,and to offer its own in some cases.After both sides
41、have presented their arguments,the jury considers as a group whether to find the defendant guilty or not guilty of the crime charged.A complete criminal trial typically consists of six main phases,each of which is described in more detail below:lChoosing a Jury lOpening StatementslWitness Testimony
42、and Cross-ExaminationlClosing ArgumentslJury InstructionlJury Deliberation and Verdict决断Sentencing After a person is convicted of a crime,whether through a guilty plea,plea bargain,or jury verdict,the appropriate legal punishment is determined at the sentencing phase.A number of different kinds of p
43、unishment may be imposed on a convicted criminal defendant,including:l Fines;l Incarceration 入狱in jail(shorter-term);l Incarceration in prison(longer-term);l Probation缓刑;l A suspended sentence暂缓判决，缓刑,which takes effect if conditions such as probation are violated;l Payment of restitution赔偿 to the cr
44、ime victim;l Community service;社会性劳役 and l Drug and alcohol rehabilitation.康复治疗Appeals An individual who has been convicted of a crime may appeal his or her case,asking a higher court to review certain aspects of the case for legal error,as to either the conviction itself or the sentence imposed.lTh
45、e Appeal Process:“Briefs”诉讼诉讼 and the Record1)In an appeal,the defendant(now called the appellant)argues that,based on key legal mistakes which affected the jurys decision and/or the sentence imposed,the case should be dismissed or the appellant should be re-tried or re-sentenced.2)In considering an
46、 appeal,the court reviewing the case looks only at the record of the proceedings in the lower court,and does not consider any new evidence.The record is made up of the court reporters transcripts of everything said in court,whether by the judge,the attorneys,or witnesses.Anything else admitted into
47、evidence,such as documents or objects,also becomes part of the record.3)In reaching a decision on the appeal,the higher court(appellate court)looks to this record and to the written briefs filed by both sides of the appeal.For example,an appellant challenging a conviction or sentence files an openin
48、g brief,arguing how and why the conviction or sentence was legally erroneous,or wrong.In turn,the government files its own brief to illustrate why the conviction or sentence should be upheld.The appellant typically has an opportunity to file a second brief in response to the governments position,and
49、 the appellate court may hear oral arguments from each side before reaching a decision on the appeal.Lesson 16 Defendants Rights nThis unit provides information on search and seizure rights of citizens,key rights of criminal defendants,and the constitutional rights of those who are incarcerated.To b
50、egin,we conclude the defendants right into three sections:your right with police;your right in the courtroom;your right if convicted.Your Right with Police The landmark U.S.Supreme Court case of Miranda v.Arizona and the Fifth Amendment to the U.S.Constitution give criminal suspects a number of righ
