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WVU BCOR 320 - Chatper 7

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BCOR 320 1nd Edition Lecture 14Crime: Chapter 7Civil law concerns the rights and liabilities between private parties; criminal law concerns those activities that society has outlawed. • Prosecution - Only the government can prosecute a crime and punish someone by sending him/her to prison.• Burden of proof - Because the penalties for conviction in a criminal case are so serious, the government has to prove its case beyond a reasonable doubt. • Felony/Misdemeanor - A felony is a serious crime, for which a defendant can be sentenced to one year or more in prison. A misdemeanor is a less serious crime, often punishable by a year or less in a county jail.Intent crime: A crime that requires the defendant to be found guilty of committing a criminal act- Actus reus: Guilty act- Mens rea: Evil intentThe criminal process:1. Gathering evidence: The Fourth Amendment prohibits the government from making illegal searches and seizures of individuals, corporations, partnerships, and other organizations. As a general rule, the police must obtain a warrant before conducting a search.Warrant: Fifth Amendment) if a search is needed, police take an affidavit (sworn written statement from an informant) to a judge, who issues a warrant, giving permission to search a particular place, looking for particular evidence.Probable Cause -- based on the information given, it is likely that the specified evidence will be foundThe Exclusionary Rule - Under the exclusionary rule, evidence obtained illegally may notbe used at trial.Arrest Warrant -- based on information found in the search, the judge may issue an arrest warrant.Arrest -- when a suspect is arrested, he is informed of his rights and booked (name, photograph and fingerprints are recorded, along with the charges).Self-incrimination – the Fifth Amendment provides that the prosecution may not use coercion to force a confession from a suspect. The suspect may refuse to answer any questions that could be used to convict him.Indictment -- if a grand jury (ordinary citizens) determines that there is probable cause to proceed to trial, the suspect is indicted (charged with the crime).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.Arraignment -- the indictment is read to the suspect, who then pleads guilty or not guilty to the charges.Nolo contendre— The accused agrees to the imposition of a penalty but does not admit guiltPlea Bargaining -- in many cases, the prosecution will offer to end the case with reduced charges if the defendant will plead guilty.Trial and Appeal -- if no plea bargain is reached, the case goes to trial. The prosecution must convince the jury beyond a reasonable doubt in order to convict. Convicted defendants may appeal.Double jeopardy - The prohibition against double jeopardy means that a defendant may be prosecuted only once for a particular criminal offense. Punishment - The Eighth Amendment prohibits cruel and unusual punishmentThe Patriot Act of 2001 – passed in response to the terrorist acts of September 11, 2001; designed to give law enforcement officials greater power to investigate and prevent potential terrorist assaults.- This act has been controversial because it violates individual privacy liberties. It has been revised, but is still contested by many


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