Criminal law mid-term

Criminal procedure

o   Sets forth rules on how crimes are investigated and prosecuted

§  Rules ofc criminal procedure

§  Bail

§  Trial dates

§  Deadline for filing motions

Criminal law

o   Defines what actions are punishable and examines how society penalizes those actions

§  Criminal statues created by the government… what interest do they serve/protect

§  Sentencing/theories of punishment

Pennsylvania criminal procedure

Pre-trial —> Trial —>Post-trial

pre-trial arc

-          Act (actus rea) & intention (mens rea)

-          Law enforcement witness or investigation

-          Filing & arrest (custodial or summons)

-          Arraignment (bail setting procedure)

-          Preliminary hearing (probable cause determination)

A preliminary hearing is not a determination of ___

innocence or guilt

What is the goal of a preliminary hearing?

for the commonwealth to show that there is prima facie evidence (a crime was committed and that the defendant committed it)

during a preliminary hearing, the defendant is not allowed to __

present/argue any defenses

Why do only half of prelim cases advance from the pre-trial to the trial level?

-required civilian to show up to court

-DA can make a plea deal at prelim hearing

Trial arc

-          Formal arraignment

-          Pre-trial conference

-          Pre-trial motions

-          Trial (jury or non-jury)

Post-trial arc

-          Sentencing

-          Post-sentencing motions

-          Appeals

-          Violations of sentence

civil law

branch of law that protects the individual/corporation rather than the public interest

case is initiated by an aggravated party seeking some sort of relief

civil law requires:

preponderance of the evidence (<50%)

Injunctive relief

court order to stop or start an action or behavior