Breaking The Law

How the Legal System Operates

Criminal Law

Two types of Crimes

Misdemeanors

Felonies

Misdemeanors

Less serious crimes

Have a maximum possible sentence of less than one year incarceration.

Felonies

The most serious crimes such asrobbery, assault with a deadlyweapon, and sexual assault.

The Punishment: imprisonment for at least a year, usually in a state or federal penitentiary

Punishment

A guilty defendant is punished by(1) Incarceration in a jail or prison, (2) Fine paid to the government(3) Execution of the defendant: the

death penalty.

Burden of Proof

The burden of proof is always on the state. The state must prove that the defendant is guilty.

The defendant is assumed to be innocent.

The state must prove the defendant’s participation, "beyond a reasonable doubt."

Purpose of Opening Statements

Each Lawyer speaks to Jury.

Tell jurors something about the case they will be hearing.

Must be kept to only facts.

Direct Evidence

Speaks for itself

Examples: Eyewitness accounts, a confession, or a weapon.

Circumstantial Evidence

Suggests a fact by implication or inference:

Examples: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.

Direct Examination

The questions the lawyers ask of the witnesses are direct examination.

Direct examination may gain both direct and circumstantial evidence.

Witnesses may testify to matters of fact, and provide opinions. (Identify documents, pictures or other items introduced into evidence.)

Leading Questions

Questions that suggest the answers desired. An example is, "Isn't it true that you saw John waiting across the street before his wife came home?“

Lawyers generally may not ask leading questions of their own witnesses.

Objections

Lawyers may object when they find the question, method or answer inappropriate for the case.

The judge will immediately either sustain or overrule

Cross-Examination

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness.

Limited to questioning only on matters that were raised during direct examination.

Closing Arguments

The lawyers’ closing arguments or summations discuss the evidence and properly drawn inferences.

The lawyers cannot talk about issues outside the case or about evidence that was not presented.

The Role of Juries

The Role of Juries

The jury is composed of people who represent a cross-section of the community.

The Role of Juries

The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision.

The Role of Juries

The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases.

The Role of Juries

If the jury finds the accused guilty or liable, it is up to the judge to sentence the defendant.

Jury Deliberations

In most instances, the verdict in a criminal case must be unanimous.

If the jury cannot come to a decision by the end of the day, the jurors may be sequestered.

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial.

Verdict

After reaching a decision, the jury notifies the bailiff, who notifies the judge.

All of the participants reconvene in the

courtroom and the decision is announced.

The Execution of Teenagers?

There are currently 19 states that allow the execution of 16 and 17 year olds for the commission of capital crimes.

The Execution of Teenagers?

73 people are currently on death row for crimes they committed when they were that age.

The Execution of Teenagers?

Your turn to write…Should juveniles face difference consequences than adults for the same crimes?