Criminal LawChapter 3Part I

What is a Crime? Crime – is considered an act against the

public good. Laws in the U.S. detail crimes and

provide punishment

In a criminal proceeding, the state or federal government is the plaintiff.

The prosecutor is the government attorney who presents the case in court against ….

….the person accused, called the defendant.

Felonies A felony is a major crime punishable by

imprisonment or death. EXAMPLES:

Murder, manslaughter, burglary, robbery, arson

Misdemeanor A less serious crime with a less severe

penalty is a misdemeanor. Penalized by a fine or brief

imprisonment in a city or county jail. EXAMPLES:

Driving without a license, lying about age to purchase alcohol, leaving the scene of an auto accident

Criminal Law in the American System

The American system consists of 2 systems: Federal law State law

Both systems make and enforce criminal law, but the source of their power differs.

State Criminal Law Police power Allowed to make statutes to protect the

public Penalty for crimes may differ from state

to state Example: a crime that is called assault

in one state may be called battery in another

Federal Criminal Law Has no police power Is able to create criminal statutes only in

its own jurisdiction Example: created laws against

counterfeiting because it has the power to coin money

Today, the Fed has a criminal code and several national police agencies FBI and DEA

Federal Law Treason is one

crime named and defined in the U. S. Constitution.

Confession in open court or testimony of 2 witnesses is needed for conviction

Federal Law Double Jeopardy

sometimes the federal and state systems overlap

can happen when someone has been accused of a crime that can be thought of as both federal and state crimes

Fifth Amendment guarantees that no person can be tried twice for the same crime – double jeopardy