LGS 200 (Lisenby)
CHAPTER 6 – CRIMINAL LAW
I. Civil law and Criminal law
A. Civil law – duties that exist between persons or entities
B. Criminal law – wrong against society proclaimed by statute and punishable by fines and/or imprisonment
C. Differences between civil and criminal law
1. Burden of Proof
(a) civil law – preponderance of the evidence
(b) criminal law – beyond a reasonable doubt
2. Remedy
(a) civil law – damages to compensate or equitable relief
(b) criminal law – punishment
II. Classification of Crimes
A. Felony – serious crimes punishable by death or imprisonment in the penitentiary for more than a year
1. Alabama law – capital offense – punishable by death
2. A, B, or C class felonies – punishable by 1 year and 1 day to life in prison
B. Misdemeanor – less serious offenses punishable by up to a year in county or city jail
III. Criminal liability – 2 requirements
A. The performance of a prohibited act
B. Intent on the part of the actor
IV. Types of Crimes
A. Violent crimes
1. Murder
2. Rape
3. Assault
4. Robbery – forceful taking of property from another person
B. Property crimes
1. Burglary – entering a home or business with the intent to commit a crime therein
2. Theft (larceny)
3. Receiving stolen goods – knew or should have known the goods were stolen
4. Arson – intentional burning of another’s building
5. Forgery – fraudulent making or alteration of a writing
C. Public order crimes
1. Prostitution
2. Gambling
3. Drug use
D. White collar crimes – nonviolent crimes committed by an individual or a corporation to obtai9n a personal or business advantage
1. Embezzlement – theft of funds by a person entrusted with those funds
2. Mail and Wire Fraud – use of mail or wires to defraud
3. Bribery – the unlawful attempt to influence a public official to act
4. Insider trading
V. Defenses to Criminal Liability
A. Infancy
B. Intoxication – voluntary vs. involuntary intoxication
C. Insanity – at the time of the conduct, as the result of mental disease or defect, the person lacks substantial capacity to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law
D. Mistake of fact
E. Consent
F. Duress – unlawful pressure causing someone to perform an act
G. Justifiable use of force – self defense
1. Deadly force – to protect yourself or another person
2. Nondeadly force – reasonable use of force to protect property
H. Entrapment – inducement by a public official to commit a crime the defendant would otherwise not have committed
I. Statute of limitations – charges for certain criminal offenses must be brought within a specific period oftime
J. Immunity – state can grant immunity in exchange for information
VI. Constitutional Safeguards
A. Fourth Amendment Protections
1. Search Warrant – order from a judge based upon probable cause which authorizes the police to search premises or property
2. Probable Cause – reasonable grounds for believing a person should be arrested
B. Fifth Amendment Protections
1. Due process of law – fair and order procedures
2. Double jeopardy – cannot be tried twice for the same crime
3. Self incrimination
C. Sixth Amendment Protections
1. Speedy trial
2. Trial by jury
3. Public trial
4. Right to confront witnesses
5. Right to counsel
D. Eight Amendment Protections
1. Excessive bail and fines
2. Cruel and unusual punishment
E. Exclusionary rule – all evidence obtained in violation of constitutional rights must be excluded from the trial, as well as all evidence derived from the illegally obtained evidence – “Fruit of the poisonous tree” doctrine
F. The Miranda Rule – Miranda v. Arizona 1966 – individuals who are arrested must be informed of certain constitutional rights – right to
remain silent, right to counsel. Failure to inform of these rights results in exclusion of confessions
VII. Criminal Process
A. Arrest – requirement of probable cause
B. Preliminary hearing -- for felony offenses --- fight to a hearing to determine if the state has probable cause to take the case forward
C. Grand Jury – meets in secrecy to determine whether there is a reasonable basis (probable cause) to issue an indictment
D. Plea Bargain
E. Trial – state must prove beyond a reasonable doubt
F. Sentencing guidelines
1. Federal Court – mandatory sentencing guidelines
2. State Courts
3. Probation
4. Habitual offender laws