Criminal Law Outline

Criminal Law Outline

I. Criminal Law Definition – a balance b/w the rights, needs, and interests of the State (People) and the rights, needs, and interests of the individual (D)
– Number of systems: 51 in U.S. – Each state has their own, and 1 Federal system
– Sources of Criminal Law
1. Common Law – judge-made law binding everyone in that jurisdiction
2. U.S. Constitution – Binding in all territories; deminimus (base minimum amount of rights guaranteed to everyone)
3. Statutory/Penal Code – most prevalent in crim law today – created by legislator and enforced by courts. All states and federal govt. have a Penal Code. All crimes in NY are statute, no longer case law.
4. Model Penal Code – created in 1962 by American Law Institute to serve as guide, not law. Persuasive but not binding. If state adopts code as legislature, the code is law but only for adopted areas.

Innocence vs. Not Guilty

Innocence – you did not do acts which you are charged with
Not Guilty – P did not prove you were guilty beyond a reasonable doubt. P did not show enough evidence.

Evidence

– Must be relevant to be admissible in trial
– Two requirements of relevance:
1. Probative – the proposition is more likely than not to be true given the evidence than it would be without the evidence. i.e. facts to prove motive
2. Material – connected to relevant law. i.e. self-defense
– Even if relevant, evidence can be excluded if it is not only prejudicial but highly prejudicial (all evidence that is relevant is somewhat prejudicial to prove your side, but if it is highly prejudiced, it tips the balance scale and inadmissible)
– Inadmissible evidence should not be taken into consideration by the jury

Roles:

– Prosecutor (District Attorney) – prosecute crimes; deals with interest of justice; has many investigative resources
– Defense – sole obligation is to defend client under law; does not deal with interest of justice, just client; not entitled to all investigative resources

Plea Bargaining – a negotiated agreement b/w State and Defendant, where D accepts guilt to a lesser charge in exchange for a more lenient sentence or a dismissal

II. Crime definition – an invasion by another of certain rights, needs, interests of the State/People
Types:
1. Felony – major offense – one year or more punishment; 1+ yr
2. Misdemeanor – minor offense – less than one year punishment; <1yr.

Where held:

1. Jail – holds D convicted