Unit 3: Basic Criminal and Constitutional Law

1. Unit 3: Basic Criminal and Constitutional Law Introduction to Law and Justice

2. Criminal Law • 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.

3. Criminal Law • 2 Types • Substantive: Defines what is illegal (murder, aggravated assault, jay walking, speeding) • Procedural: Governs how laws are enforced ( 4th, 5th, 6th, 8th Amendments)

4. Civil 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.

5. 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

6. YOU DECIDE THE LAW • At your tables • On a piece of notebook paper • 30 minutes to complete the following: • Read each case • Answer the question at the bottom • Support your answer with 3 bullet points

7. GAIL ATWATER • Read “The Seat Belt Case” p. 216 • Answer the following questions: • Did the officer do anything illegal? • Did the officer use good discretion? • Do you think officers should be limited in their arrest powers? Why or why not?

8. Types of Contact • Voluntary No proof necessary • Police and citizen are free to talk or walk. • Citizen can leave when he or she chooses. • May I talk to you? Can I have a minute of your time? Or simple conversation.

9. Types of Contact • Detain/Frisk/Pat Down • Police need reasonable suspicion • 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)

10. Types of Contact • Arrest • Need Probable Cause • The lawful seizure of a person. • Imposes the greatest restraint on the person being arrested.

11. The 4th Amendment • 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.

12. Stop and Frisks/Terry Frisk • 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)

13. The 4th Amendment • Reasonableness • No definition of reasonable exists in law due to the nature of the job. • Logical, practical, sensible, intelligent, plausible are related. • TOTALITY OF CIRCUMSTANCES! • What did the officer: 1. See 2. Hear 3. Feel

14. The 4th Amendment • Probable Cause: • Level of proof that would lead a person to believe that crime is, has, or will be committed. 2.Based upon: • Personal Observation • Information • Evidence • Association

15. The 4th Amendment • Exclusionary Rule: Any evidence obtained illegally will not be admissible in court. • Fruit of a poisoned tree! • Exceptions: • Inevitable Discovery: illegally obtained evidence can be admitted in court if police using lawful means would have discovered it. • Good Faith: evidence obtained through a technically faulty search is admissible if the police acted in good faith.

16. 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: • Information showing probable cause that a crime is, has, or will be committed. • Where, who, what

17. The 4th Amendment • Warrantless Searches: • Incident to Arrest • Consent • Stop and Frisk • Hot pursuit • Automobile Exception • Plain View • Abandoned Property • Border Searches • Inevitable Discovery

18. The 5th 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.

19. 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.

20. The 6th Amendment • Right to a fair, speedy, public trial. • Right to counsel during proceedings. • The state ensures this right through: • 72 hours to initial appearance • 72 days for compulsory process • Attorneys provided if the defendant can’t afford one. • Public trials • Juries

21. 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?

22. The 8th 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)