BUAD - Criminal Justice

Criminal Justice System

A system that addresses bad conduct, provides due process, punishes crimes, and investigates and prosecutes crimes.

Plea Bargaining

A process where a defendant pleads guilty in exchange for a reduced sentence, 97% percent of cases end up with this

Plea Bargaining Cons

Victims are usually not satisfied with this, and innocent people will plea guilty to reduce sentence

Plea Bargaining Benefits

Both sides save cost of a trial and avoid the risk of an unfavorable trial outcome

Fundamentals of Crime

The guilty act refers to an act that violates the criminal code, while the guilty mind (Mens Rea) requires intent to commit a criminal act.

Homicide

Wrongful killing of a human being, intent is crucial for to the determining of degree

First Degree Murder

Premeditation, intended and planned to murder a human being

2nd Degree Murder

Felony murder, intended to commit a felony and ended up killing someone in the process, everyone involved in the felony is charged

Voluntary Manslaughter

Heat of passion killing, killing someone in the heat of the moment, never planned or intended to kill anyone

Involuntary Manslaughter

Intent or gross negligence leads to the murder of a human.

Insanity Defense

Allows individuals to claim that they were not aware of the difference between right and wrong at the time of the crime due to mental illness.

Constitutional Issues

Grand juries determine if there is enough evidence to hold a person for trial, while the 4th Amendment protects against unreasonable searches and seizures. The 5th Amendment includes the privilege against self-incrimination and the requirement for Miranda warnings. The exclusionary rule states that evidence obtained in violation of constitutional rights cannot be used in court.

Grand Juries 5th Amendment

Determines if enough evidence to hold a person for trial, required for all federal crimes, some states have this and some states do not, If they do it is Indictment, If they don’t its is a True Bill, defense cannot cross examine, used for investigation

4th Amendment

Concerns search and seizures, must obtain warrant to arrest or search, Warrant obtained by judge on showing possible cause, no notice to subject of warrant

Exceptions to warrant requirement

Hot pursuit ( Can arrest someone in process of committing a crime) fleeing from crime scene, during arrest, something in plain sight

5th Amendment

Privilege against self Incrimination, a person cannot be compelled to be a witness against themselves

Summary offense

up to 90 days in jail, example of crime is a false ID

Mis Demeanor

3rd degree charge can result in 1 year in county jail, 2nd degree can result in up to 3 years in jail, 1st degree can result up to 5 years

Felonies

3rd degree is up to 7 tears in state prison, 2nd degree is up to 10 years and 1st degree is more than 10 years

Felony Vs Misdemeanor

Felony is a more serious crime, and can also be a more serious form of different crimes. Misdemeanor involves victimless crimes, ex - pornography gambling prostitution - all participants do something willingly, looked down upon in society