Overview of Criminal Law

Definition: Unlike civil actions where plaintiffs seek personal remedies, crimes involve "the state" (e.g., Federal or State government) as the principal entity.
Societal Harm: Crimes inflict harm upon society rather than just individual victims.
Legislative Definition: Crimes are defined by legislatures through statutes that outline various prohibited conducts.
Fairness in Punishment: For government punishment to be fair, citizens must have clear notice of what is criminally prohibited.
Business Involvement: Businesses can be both victims and perpetrators. If an employee commits a crime for the business's benefit, the business can also be convicted.

Ignorance of the Law: "Ignorance of the law is no excuse" indicates that society determines what is harmful, not the individual.
Components of a Crime:
- Actus Reus: The act defined as criminal.
- Mens Rea: The requisite criminal intent, or "guilty mind".
Strict Liability Crimes: Crimes such as possession of child pornography, sale of tobacco to minors, or speeding that do not require proof of intent for conviction.

Criminal Law:
- Injury to the public.
- Prosecuted by the government.
- Burden of proof: "beyond a reasonable doubt".
- Possible penalties: fines or incarceration.
Civil Law:
- Private injury or wrong.
- Plaintiff sues the defendant.
- Burden of proof: "preponderance of the evidence".
- Penalties typically monetary.

Felonies: Crimes punishable by imprisonment for more than one year or death.
- Examples: Murder, rape, kidnapping, armed robbery, embezzlement, insider trading, fraud, racketeering.
Misdemeanors: Petty offenses punishable by imprisonment for less than one year.
- Examples: Petty theft, assault, trespassing, vandalism.

Homicide: The unlawful killing of one person by another without legal justification.
- First Degree Murder: Intentional homicide committed with "malice aforethought".
- Voluntary Manslaughter: Intentional killing occurring in "sudden heat of passion" due to provocation.
- Involuntary Manslaughter: Lesser willfulness; often results from reckless actions leading to death (e.g., reckless driving resulting in fatal accidents).

Assault: An attempt to commit battery or placing another person in fear of immediate battery.
Battery: The unlawful application of force to another person, which does not need to be violent.

Larceny: Wrongfully taking and carrying away another's personal property with the intent to steal.
Robbery: Larceny committed through violence or intimidation.
Embezzlement: Larceny by someone entrusted with another's property who then wrongfully takes possession.
False Pretenses: Acquiring property through false representations intended to defraud.
Receiving Stolen Property: Accepting property known to be stolen.
Forgery: False writing of a document of legal significance with intent to defraud.
Extortion: Wrongfully collecting money or valuables through threats.

Burglary: Breaking and entering a dwelling or commercial building with intent to commit a felony.
Arson: Deliberately setting fire to property, regardless of intent to collect insurance.
Bribery: Offering a secret payment to influence an official’s actions.
Perjury: Committing the act of lying under oath in judicial proceedings.

Definition: Crimes occurring in a business context, often involving non-violent means to gain personal or business advantage.

Fraud: Utilization of deception to obtain money or property.
Types of Fraud:
- Securities Fraud: Deception to bypass SEC regulations.
- Financial Institution Fraud: Fraud against banks and credit unions.
- Mail and Wire Fraud: Use of mail or electronic communication to facilitate fraud.
- Ponzi Scheme: A fraudulent system where returns are paid to earlier investors using the capital of newer investors.

False Statements: Engaging in cover-ups or misleading federal officers during investigations.
RICO Violations: Engaging in a pattern of racketeering defined by committing at least two acts of a variety of existing crimes, such as mail/wire securities fraud.

Initiation of a Criminal Case:
- Begins with an arrest if caught in act or fleeing; otherwise, a warrant is issued.
- Warrant Issuance: Must be based on probable cause as assessed by a judge or magistrate.
- Preliminary Hearing: Determines if sufficient reason exists for trial.
- Bail: Monetary amount to ensure attendance at trial; can only be withheld if a flight risk exists.

Information and Indictment: Prosecutor submits an Information or seeks a grand jury indictment based on evidence to establish probable cause.
Arraignment: Defendant responds to accusations; must plead guilty or not guilty.
Prosecution's Burden: Must prove guilt "beyond a reasonable doubt" if the case goes to trial.
Plea Bargaining: Option for defendants to plead guilty in exchange for a recommendation for a lesser sentence.
Sentencing: Occurs after a guilty verdict or plea, followed by possible appeal.

4th Amendment: Protects against unreasonable search and seizure; warrants require probable cause.
5th Amendment: Protects against double jeopardy and self-incrimination; includes Miranda rights.
6th Amendment: Ensures the right to a speedy trial, confrontation of witnesses, and attorney assistance for defendants.
8th Amendment: Prohibits cruel and unusual punishment, along with excessive bail and fines.

Protection Against Unreasonable Searches: Police cannot enter or seize property without a warrant based on probable cause.

Plain View: Officers may seize items in plain sight while legally present.
Crime in Progress: Officers may act to prevent immediate crimes observed.
Destruction of Evidence: Officers can act when evidence risks being destroyed.
Emergency Circumstances: Officers can enter to assist individuals in danger.
Consent: Officers can search areas voluntarily permitted by individuals.
Officer Safety: Officers may conduct protective sweeps for weapons.
Incident to Lawful Arrest: Officers can search arrested individuals.
Automobile Searches: Officers may search a stopped vehicle's passenger compartment.
Stop and Frisk: Allows officers to conduct limited searches for safety reasons during lawful stops.

Double Jeopardy: Prohibiting prosecution for the same offense multiple times.
Self-Incrimination: The defendant cannot be compelled to testify against themselves, and custodial interrogations require Miranda rights.

Speedy Trial: Right to confront witnesses and examine them in court.
Assistance of Counsel: Right to legal representation, with state provision for indigent defendants.

Definition: Evidence obtained in violation of constitutional rights is considered "fruit of the poisonous tree" and is generally inadmissible in court.