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Criminal LawChapter 3Part I
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What is a Crime? Crime – is considered an act against the
public good. Laws in the U.S. detail crimes and
provide punishment
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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.
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Felonies A felony is a major crime punishable by
imprisonment or death. EXAMPLES:
Murder, manslaughter, burglary, robbery, arson
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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
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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.
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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
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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
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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
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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