Criminal Procedure Steps

Criminal Procedure

• Investigation: Gathering evidence to determine if a crime has been committed
• Arrest: Taking a person into custody for allegedly committing a crime
• Charging: Formal accusation of a crime, usually by a prosecutor
• Preliminary Hearing: Judge determines if there is enough evidence to proceed to trial
• Trial: Presentation of evidence to a judge or jury to determine guilt or innocence
• Appeal: Review of a trial court's decision by a higher court

Crimes Against Persons

• Murder: Unlawful killing of another human being with malice aforethought
• Manslaughter: Unlawful killing of another human being without malice aforethought
• Assault: Unlawful attempt to harm another person
• Battery: Unlawful physical contact with another person
• Kidnapping: Unlawful restraint or transportation of a person against their will
• Rape: Unlawful sexual intercourse with another person without consent

Property Crimes

• Larceny: Unlawful taking of another person's property with the intent to permanently deprive
• Burglary: Unlawful entry into a building with the intent to commit a crime
• Robbery: Taking of property from another person using force or threat of force
• Forgery: Making or altering a writing with the intent to defraud
• Embezzlement: Fraudulent conversion of property by a person entrusted with it

Criminal Defenses

• Insanity: Claim of mental illness or defect that prevents understanding of right and wrong
• Self-Defense: Use of force to protect oneself from harm
• Duress: Coercion or threat that negates free will
• Mistake of Fact: Honest and reasonable mistake about a fact
• Entrapment: Inducement by a government agent to commit a crime

Punishment And Sentencing

• Punishment: Penalty imposed on a person found guilty of a crime
• Sentencing: Judicial determination of punishment
• Types of Sentencing:
  • Incarceration: Confinement in a prison or jail
  • Probation: Supervised release into the community
  • Fines: Monetary penalty
  • Restitution: Compensation to the victim
• Purposes of Punishment:
  • Retribution: Punishment as a form of revenge
  • Deterrence: Punishment as a warning to others
  • Rehabilitation: Punishment aimed at reforming the offender

Criminal Procedure

• Investigation involves gathering evidence to determine if a crime has been committed
• Arrest involves taking a person into custody for allegedly committing a crime
• Charging is a formal accusation of a crime, usually by a prosecutor
• Preliminary hearing is a judge's determination of whether there is enough evidence to proceed to trial
• Trial is the presentation of evidence to a judge or jury to determine guilt or innocence
• Appeal is a review of a trial court's decision by a higher court

Crimes Against Persons

• Murder is the unlawful killing of another human being with malice aforethought
• Manslaughter is the unlawful killing of another human being without malice aforethought
• Assault is an unlawful attempt to harm another person
• Battery is an unlawful physical contact with another person
• Kidnapping is the unlawful restraint or transportation of a person against their will
• Rape is an unlawful sexual intercourse with another person without consent

Property Crimes

• Larceny is the unlawful taking of another person's property with the intent to permanently deprive
• Burglary is the unlawful entry into a building with the intent to commit a crime
• Robbery is the taking of property from another person using force or threat of force
• Forgery is the making or altering a writing with the intent to defraud
• Embezzlement is the fraudulent conversion of property by a person entrusted with it

Criminal Defenses

• Insanity is a claim of mental illness or defect that prevents understanding of right and wrong
• Self-Defense is the use of force to protect oneself from harm
• Duress is coercion or threat that negates free will
• Mistake of Fact is an honest and reasonable mistake about a fact
• Entrapment is the inducement by a government agent to commit a crime

Punishment And Sentencing

• Punishment is a penalty imposed on a person found guilty of a crime
• Sentencing is the judicial determination of punishment
• Incarceration is confinement in a prison or jail
• Probation is supervised release into the community
• Fines are a monetary penalty
• Restitution is compensation to the victim
• Purposes of Punishment include Retribution, Deterrence, and Rehabilitation

Non-Fatal Offences

• Assault is defined as intentionally causing harm or the threat of harm to another person, and can include physical contact, verbal threats, or intimidation.
• There are two degrees of assault: simple assault (minor physical harm or threat of harm) and aggravated assault (serious physical harm or threat of harm with a weapon).
• Examples of assault include punching, pushing, slapping, or threatening someone with a weapon.

Theft

• Theft is defined as the unauthorized taking of another person's property with the intent to permanently deprive them of it.
• Types of theft include larceny (taking property from a person or a place), embezzlement (theft by a person in a position of trust), shoplifting (taking merchandise from a store), and burglary (breaking and entering into a property to commit theft).
• Examples of theft include stealing a bike, taking money from a wallet, or taking goods from a store without paying.

Vandalism

• Vandalism is defined as the intentional destruction or damage of public or private property.
• Examples of vandalism include graffiti or tagging, breaking windows or damaging buildings, and damaging or destroying vehicles.
• Specific examples of vandalism include spray-painting a wall, breaking a storefront window, or keying a car.

Disorderly Conduct

• Disorderly conduct is defined as behavior that disturbs the peace and tranquility of the public.
• Examples of disorderly conduct include unreasonable noise, fighting or brawling, using abusive language, and disrupting a public gathering or meeting.
• Specific examples of disorderly conduct include shouting in a public place, fighting with someone in a bar, or disrupting a city council meeting.