U.S. Government: Law. Amendments The 5 th, 6 th, and 7 th Amendments are commonly referred to as rights of the accused The 5 th, 6 th, and 7 th Amendments.

U.S. Government:U.S. Government:LawLaw

AmendmentsAmendments

The 5The 5thth, 6, 6thth, and 7, and 7thth Amendments Amendments are commonly referred to as are commonly referred to as “rights of the accused”“rights of the accused”

They protect people accused of They protect people accused of crimescrimes

Due Process of LawDue Process of Law

No one will be No one will be denied life, liberty, denied life, liberty, or property without or property without due processdue process

To ensure To ensure procedural justiceprocedural justice

What types of law What types of law exist?exist?

Civil LawCivil Law

Relating to disputes among two Relating to disputes among two or more individuals or between or more individuals or between individuals and the governmentindividuals and the government

Often does not involve a crimeOften does not involve a crime Examples: land disputes, Examples: land disputes,

divorce, contract lawdivorce, contract law

Criminal LawCriminal Law

The state charges an The state charges an individual with breaking a lawindividual with breaking a lawExamplesExamples

BurglaryBurglaryVandalismVandalismMurderMurder

Types of Criminal LawTypes of Criminal Law

Misdemeanors: less serious Misdemeanors: less serious crimes usually punishable by crimes usually punishable by fines and/or jail for less than one fines and/or jail for less than one yearyear

MisdemeanorsMisdemeanors

Three classes depending on the severity Three classes depending on the severity of the crime (One = Highest Charge)of the crime (One = Highest Charge)

ExamplesExamples Assault with minor injuryAssault with minor injury False imprisonment (kidnapping)False imprisonment (kidnapping) HarassmentHarassment Possession of 1 oz.-8 oz. Of marijuanaPossession of 1 oz.-8 oz. Of marijuana Damages not exceeding $500Damages not exceeding $500

Other Violations and Other Violations and ConsequencesConsequences

Less serious violations = Petty Offenses Less serious violations = Petty Offenses or Criminal Mischief (fines issued)or Criminal Mischief (fines issued)

ExamplesExamples Underage consumption Underage consumption Disorderly ConductDisorderly Conduct Possession of less than 1 oz. MarijuanaPossession of less than 1 oz. Marijuana

Punishment (Under 18)Punishment (Under 18) Community service, restitution, probationCommunity service, restitution, probation

Types of Criminal LawTypes of Criminal Law

Felonies: Felonies: serious crimes serious crimes punishable by punishable by imprisonment imprisonment for a year or for a year or more more

Culpable Mental StateCulpable Mental State

Was the accused person acting in one Was the accused person acting in one or more of the following mental states:or more of the following mental states:

1.1. NegligentlyNegligently

2.2. RecklesslyRecklessly

3.3. KnowinglyKnowingly

4.4. IntentionallyIntentionally

Each additional level added increases Each additional level added increases the severity of the crime committed the severity of the crime committed

FeloniesFelonies

Six classesSix classes Class One = IntentionallyClass One = Intentionally Class Two = KnowinglyClass Two = Knowingly Class Three = RecklesslyClass Three = Recklessly Class Four = NegligentlyClass Four = Negligently

Incarcerated in state prisonIncarcerated in state prison Punishment based on damages, mental Punishment based on damages, mental

state, involvement of a weaponstate, involvement of a weapon

FeloniesFelonies

Examples:Examples: MurderMurder RapeRape KidnappingKidnapping Involvement of weaponsInvolvement of weapons More than $500 worth of damageMore than $500 worth of damage Crime against a personCrime against a person SBI (Serious Bodily Injury): scaring, permanent SBI (Serious Bodily Injury): scaring, permanent

disfigurement, broken bonesdisfigurement, broken bones

FeloniesFelonies

Other ExamplesOther Examples Possession of more than 8 oz. Of marijuanaPossession of more than 8 oz. Of marijuana Possession of any controlled substance not Possession of any controlled substance not

for medicinal purpose (cocaine, heroine, for medicinal purpose (cocaine, heroine, etc.)etc.)

Child AbuseChild Abuse

Domestic Violence situations require a Domestic Violence situations require a mandatory arrestmandatory arrest

Have a good day!Have a good day!