Journal What is burglary? What is burglary? What is writ of habeas corpus? What is writ of habeas...

JournalJournal

What is burglary?What is burglary?

What is writ of habeas corpus?What is writ of habeas corpus?

Criminal CasesCriminal Cases

Types of FeloniesTypes of Felonies

Crimes against peopleCrimes against people: murder, : murder, manslaughter, assault, kidnappingmanslaughter, assault, kidnapping

Crimes against propertyCrimes against property: burglary, : burglary, theft, robbery, larceny, vandalism, theft, robbery, larceny, vandalism, fraud, arsonfraud, arson

Other types of crimesOther types of crimes: unauthorized : unauthorized gambling, and use/possession of gambling, and use/possession of illegal drugsillegal drugs

Procedure in Criminal CaseProcedure in Criminal Case

1.1. Arrested by police officer and “booked” Arrested by police officer and “booked” (fingerprints, mugshot)(fingerprints, mugshot)

2.2. Preliminary hearing- suspect appears Preliminary hearing- suspect appears before the judge and bail can be setbefore the judge and bail can be set

3.3. Indictment- judge or grand jury formally Indictment- judge or grand jury formally charges suspect with crimecharges suspect with crime

4.4. Arraignment- defendant is asked to Arraignment- defendant is asked to plead guilty or not guiltyplead guilty or not guilty

Procedure cont…Procedure cont…

5. 5. TrialTrial- both sides - both sides prosecution prosecution (represents (represents plaintiff) and plaintiff) and defense present defense present case to jury and/or case to jury and/or judge, may present judge, may present evidence, evidence, testimonies, and testimonies, and can cross-examine can cross-examine witnesseswitnesses

Criminal Procedure ContinuedCriminal Procedure Continued

6. Verdict: decided 6. Verdict: decided by jury, must be by jury, must be unanimous unanimous decision, if not, decision, if not, hung hung jury=>mistrial jury=>mistrial

a. Acquittal (not a. Acquittal (not guilty)guilty)

b. Sentenced b. Sentenced (guilty) (guilty)

Sentencing OptionsSentencing Options

Mandatory sentencing- all judges Mandatory sentencing- all judges must impose what the law directsmust impose what the law directs

Parole- lets criminal out before their Parole- lets criminal out before their sentence is oversentence is over

Law and OrderLaw and Order

You will need to identify the You will need to identify the following…following…

Plaintiff? Plaintiff? Defendant?Defendant? What are the charges?What are the charges? What is the verdict?What is the verdict?

So, you break the law….So, you break the law…. Law Enforcement will arrest you.Law Enforcement will arrest you.

Federal Government:Federal Government: F.B.I. (Federal Bureau of Investigation)- (Federal Bureau of Investigation)-

investigate federal crimesinvestigate federal crimes State and County Governments:State and County Governments:

S.B.I. (State Bureau of Investigation)- S.B.I. (State Bureau of Investigation)- investigate state crimesinvestigate state crimes

NC Highway Patrol- control NC Highways and NC Highway Patrol- control NC Highways and InterstatesInterstates

County Deputy Sherriff- patrols county roads County Deputy Sherriff- patrols county roads and investigates county mattersand investigates county matters

City/Town Police- patrol city and investigates City/Town Police- patrol city and investigates city matters.city matters.

Civil CasesCivil Cases

Civil CasesCivil Cases

PlaintiffPlaintiff claims to suffer a loss or injury claims to suffer a loss or injury to themselves and usually seeks to themselves and usually seeks damagesdamages

DefendantDefendant argues either that the loss or argues either that the loss or injury did not occur or the defendant is injury did not occur or the defendant is not responsible for itnot responsible for it

Cases:Cases: property disputes, breach of property disputes, breach of contract, family matters involving two or contract, family matters involving two or more parties, negligence, personal injurymore parties, negligence, personal injury

Process for a Civil CaseProcess for a Civil Case

1.1. Plaintiff’s attorney files a complaintPlaintiff’s attorney files a complaint

2.2. Court send summons to defendantCourt send summons to defendant

3.3. Defendant’s attorney files a written answerDefendant’s attorney files a written answer

4.4. Attorneys for both sides exchange pleading Attorneys for both sides exchange pleading documents (possible settlement)documents (possible settlement)

5.5. Attorneys for plaintiff and defendant argue Attorneys for plaintiff and defendant argue case in courtcase in court

6.6. Court gives verdictCourt gives verdict

Juvenile LawJuvenile Law

Juvenile- anyone under the age of 18 Juvenile- anyone under the age of 18 in most statesin most states

NC you are an adult at 16NC you are an adult at 16 Main Goal of Juvenile system is to Main Goal of Juvenile system is to

REHABILITATE!REHABILITATE!

Types of Juvenile CrimeTypes of Juvenile Crime

Neglect: juveniles whose caregivers Neglect: juveniles whose caregivers neglect or abuse themneglect or abuse them

Delinquency: juveniles who committ Delinquency: juveniles who committ crimescrimes

Cases heard in juvenile court, no Cases heard in juvenile court, no jury, have preliminary hearing, jury, have preliminary hearing, closed to public, only judge makes closed to public, only judge makes decisiondecision

In Re GaultIn Re Gault

Supreme Court Case dealing with Supreme Court Case dealing with juvenilesjuveniles

Ruling:Ruling: juveniles still have same due juveniles still have same due process rights as adultsprocess rights as adults