BLA Exam 2 (Criminal Law)

Burden of Proof within a Criminal Case

Beyond a reasonable doubt

Criminal Law

Offenses against society, prosecuted by the state

Felony

Serious Crimes (murder, fraud) punishable by more than 1 year in prison

Misdemeanor

Less serious crimes (petty theft) punishable by less than 1 year in jail

Petty Offense/Infraction

Minor violations (speeding tickets)

6 Common Criminal Offenses

Larceny, Obtained Property, Forgery, Embezzlement, ID Theft, Credit Card Fraud

Larceny

Taking a person’s property with the intent of permanently depriving them of it. (robbery without threat/fear)

Obtained Property

Obtaining property through deception and treachery (false pretenses and lies to get money)

Forgery

Taking a writing and changing the legal obligation (taking $100 check and turning it into $1000)

Credit Card Theft/Fraud

Theft is the physical action of taking someone’s card, fraud is actually using it. (keep it under $500, it’s a misdemeanor)

ID Theft

Illegal use of identity information of the victim in an unauthorized fashion

Embezzlement

Fraudulent taking of money/property by someone in a position of trust.

4 Pillars of the Criminal Justice System

Deterrence, Rehabilitation, Restraint, Retribution

Deterrence

Preventing crime and harm in the future

Rehabilitation

Transforming someone into a better person through punishment

Restraint

While your incarnated, they restrain them from continuing criminal acts. Keeping criminals away from society

Retribution

Giving people what they deserve, punishment that fits the crime

4th Amendment

Protection against unreasonable search/seizures. Probable cause needed for a warrant.

Unlawful Searches = …

“Fruit of the Poisonous Tree” evidence is thrown out and can no longer be used for case.

5th Amendment

Right to remain silent (Miranda Rights). Protection against double jeopardy (can’t be tried twice for the same crime)

6th Amendment

Right to a lawyer, fair, public, and speedy trial, jury and to confront accusers

8th Amendment

No cruel and unusual punishment. Fair bail (innocent until proven guilty), bond conditions may be imposed (ankle monitors, etc.)

Direct Liability

Holding the principle for their own negligence (improper hiring, training and supervision)

Negligent Hiring

If an employer hires someone underqualified and harm occurs, they are liable.

Negligent Supervision

Failing to oversee employees’ actions can result in employer liability