Unit 3: Basic Criminal and Constitutional Law

Unit 3: Basic Criminal and Constitutional

LawIntroduction to Law and Justice

Criminal Law is the set of rules the governed (the people) has decided on to live by.

Each different type of crime has its own unique characteristics, elements that separate it from other crimes.

Criminal Law

2 Types

1. Substantive: Defines what is illegal (murder, aggravated assault, jay walking, speeding)

2. Procedural: Governs how laws are enforced ( 4th, 5th, 6th, 8th Amendments)

Criminal Law

Created to settle disputes between individuals. Tort: Violation of civil law. Is a tort a crime? Tort laws and criminal laws may overlap in

some instances, but torts are civil actions distinct from criminal actions. For example, a battery may occur and the injured party may press charges criminally and also file a claim against the aggressor for damages. These damages could be for pain and suffering or medical bills. These are distinct from the punishment aspect of the criminal action.

Civil Law

On purpose v. negligent Purpose means I threw the ball at you. Negligent means I threw the ball and didn’t

consider who I might hurt.

ANY QUESTIONS

Civil Law

At your tables On a piece of notebook paper 30 minutes to complete the following:1. Read each case2. Answer the question at the bottom3. Support your answer with 3 bullet points

YOU DECIDE THE LAW

Read “The Seat Belt Case” p. 216 Answer the following questions:1. Did the officer do anything illegal?2. Did the officer use good discretion?3. Do you think officers should be limited in

their arrest powers? Why or why not?

GAIL ATWATER

VoluntaryNo proof necessary1. Police and citizen are free to talk or walk. 2. Citizen can leave when he or she chooses.3. May I talk to you? Can I have a minute of

your time? Or simple conversation.

Types of Contact

Detain/Frisk/Pat Down1. Police need reasonable suspicion2. Reasonable Suspicion: the level of proof

necessary to make a reasonable person believe that criminal activity is being undertaken.

3. Example: A man wearing a trench coat, outside of a bank, when it’s 95 degrees out.

4. Lets Look At Terry v. Ohio (p. 221)

Types of Contact

Arrest1. Need Probable Cause2. The lawful seizure of a person.3. Imposes the greatest restraint on the

person being arrested.

Types of Contact

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized.

The 4th Amendment

Reasonable Suspicion: the level of proof necessary to make a reasonable person believe that criminal activity is being undertaken.

Example: A man wearing a trench coat, outside of a bank, when it’s 95 degrees out.

Lets Look At Terry v. Ohio (p. 221)

Stop and Frisks/Terry Frisk

Reasonableness1. No definition of reasonable exists in law

due to the nature of the job.2. Logical, practical, sensible, intelligent,

plausible are related.3. TOTALITY OF CIRCUMSTANCES!a. What did the officer:

1. See2. Hear3. Feel

The 4th Amendment

Probable Cause:1. Level of proof that would lead a person to

believe that crime is, has, or will be committed.

2.Based upon:a. Personal Observationb. Informationc. Evidenced. Association

The 4th Amendment

Exclusionary Rule: Any evidence obtained illegally will not be admissible in court.

Fruit of a poisoned tree! Exceptions:1. Inevitable Discovery: illegally obtained

evidence can be admitted in court if police using lawful means would have discovered it.

2. Good Faith: evidence obtained through a technically faulty search is admissible if the police acted in good faith.

The 4th Amendment

Search Warrant: A written order, based on probable cause commanding police officers or criminal investigators search a specific person, place, or property to obtain evidence.

A warrant must have:1. Information showing probable cause that a

crime is, has, or will be committed.2. Where, who, what

The 4th Amendment

Warrantless Searches:1. Incident to Arrest2. Consent3. Stop and Frisk4. Hot pursuit5. Automobile Exception6. Plain View7. Abandoned Property8. Border Searches9. Inevitable Discovery

The 4th Amendment

Guarantees protection against self-incrimination, double jeopardy and counsel during questioning.

Interrogation: the direct questioning of a suspect to gather evidence of criminal activity.

The 5th Amendment

Miranda Warnings: You have the right to remain silent. Anything you say may be held against you a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford one the court will provide one free of charge.

The 5th Amendment

Right to a fair, speedy, public trial. Right to counsel during proceedings. The state ensures this right through:1. 72 hours to initial appearance2. 72 days for compulsory process3. Attorneys provided if the defendant can’t

afford one.4. Public trials5. Juries

The 6th Amendment

Compulsory Process: 72 day period the defendant and prosecution has to obtain evidence and witnesses to support their case.

WHY IS THIS SO IMPORTANT?

The 6th Amendment

No cruel and unusual punishment. Corrections can carry out:1.Capitol Punishment (Death Penalty)2. Imprisonment (with or without parole)3. Probation (Monitor behavior)4. Rehabilitation (Change behavior)5. Compensation (Make the victim whole again)6. Restitution (Make the victim whole again)

The 8th Amendment