Law 3220 1st Edition Lecture 6 Outline of Last Lecture I Taxing Power II Business and Free Speech a Commercial Speech b Political Speech III Amendments Outline of Current Lecture I II III IV V 2 Types of Crime Crime Categories When a crime happens Criminal Negligence Evidence Current Lecture Criminal Law Crime Either you do something or fail to do something that violate a penal law Legislators make criminal law In criminal case punishment is statutory punishment decided by judge jury decides guilty or not guilty 2 Types of Crime o 1 Felonies serious crime Odds of getting employment after go way down Felony can t be expunged can be pardoned very unlikely Use right to vote right to run for office right to own firearms right to be on a jury o 2 Misdemeanor not as serious Can occasionally be expunged Criminal domestic violence Has statute that says if you do this you lose the right to own a firearm If you break statute it s a 250 000 federal crime Like with criminal domestic violence might be small original punishment but if anything else happens it could be very bad These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Crime Categories o 1 Violent i e Murder Assault and Battery o 2 Nonviolent i e Theft Breaking and Entering o 3 Victimless i e Drug use o 4 White Collar Any kind of financial crime When a crime happens o 1 Police come to the scene o 2 Collect evidence o 3 File for an arrest warrant If you don t see the crime happen you need a warrant Warrant is signed by a judge Only need probable cause to make the arrest o 4 Person arrested gets a lawyer o 5 Solicitor needs to prove guilt beyond reasonable doubt Many things depend on prosecutor o If solicitor has relationship with prosecutor they hate each other the prosecutor is lazy etc case may be handled differently Criminal negligence o Not intentional o Ex Felony DUI drinking and driving and kill someone Actus Reus The guilty act Mans Rea criminal intent Fifth Amendment Right against self incrimination right to remain silent cops have to read you your rights o Don t have to take a sobriety test but lose your license if you refuse Commonwealth vs Angelo Todesco Corp o Corp had a man driving a cement truck ran over and killed a cop because truck didn t have proper safety equipment driver had to pay a fine company was charged 2500 appealed twice needed to prove three elements 1 Individual has to commit a criminal offense 2 At the time he was doing corporate business 3 corporation can be held liable for acts of their employees Businesses are more likely to commit federal white collar crimes If they have any evidence which tends to prove you re not guilty they have to turn that over to you Self defense stops when you get the other person in a position where they can t hurt you anymore Some self defense cases are given a jury trial to see if it was actually self defense Statute of Limitations limit for what you can sue not typically in criminal cases Entrapment being lured into committing a crime you would never commit cannot be convicted if this happens Chain of Custody bagging and tagging evidence so that it can be used in trial Evidence can be thrown out if o 1 You get evidence without a warrant Fruit of the Poisonous Tree o 2 You don t follow the proper chain of custody th 4 Amendment Search and Seizure need a warrant from a judge United States vs Young o Young sold tax free fuel in a marina was allowed by the IRS IRS thought that it wasn t for marina purposes and was just to other buyers IRS x rayed FedEx packages which they though was holding the money packages contained cash got a warrant to search went to court Young tried to say that the IRS didn t have the right to inspect packages court ruled against Young because there was no expectation of privacy in shipping FedEx packages Can plead guilty not guilty or no contest Arraignment Should plead not guilty from the beginning because it gives you time Don t have to be given bond o Depends on severity of the crime and if you re a flight risk might flee the country o Also depends on the judge