Criminal Law Outline 2024 PDF

CRIMINAL LAW OUTLINE 2024 What is a Crime? Crime = A social harm defined by law that results in punishment.  Difference between being guilty of a crime and being liable in a civil case? o Stigma/social condemnation of being convicted of a crime. o Action is brought by the st...

CRIMINAL LAW OUTLINE 2024 What is a Crime? Crime = A social harm defined by law that results in punishment.  Difference between being guilty of a crime and being liable in a civil case? o Stigma/social condemnation of being convicted of a crime. o Action is brought by the state The Process of an Arrest/Punishment: 1. Decision to Charge a. Reasons they might not: Not enough evidence (probable cause), discretion (ex: give warning when appropriate) 2. Filing the “Complaint” by Prosecutor a. That’s all for misdemeanors; at this point, they’ve been charged/put on notice. For felonies, the process continues. 3. Magistrate Review and First Appearance a. Determines if there is probable cause, sets bail (not always $) 4. Preliminary Hearing/Grand Jury Review a. Again, reviews for probable cause. b. Only used in serious crimes (felony or serious felony depending on state) c. Defendant typically isn’t there – it’s only prosecutor giving evidence to jury (no judge). Sometimes the D will go (but not his lawyer) or his lawyer can provide a packet of counterevidence to be read. d. If probable cause = bill of indictment e. No probable cause = “no bill” of indictment i. Prosecutors can try again, but the more they try, the worse it looks for them 5. Arraignment on Indictment a. Original plea – guilty/not guilty (95% plead guilty/make deal) 6. Pretrial Motions and Discovery a. Motions to suppress evidence, produce evidence, dismiss, etc. 7. Trial (