Criminal Law Week 1:

Objectives:

1. Differentiate between criminal law and criminal procedure

2. Differentiate between a misdemeanor and a felony

3. Summarize the life of a criminal case in Michigan

4. Examine the actors in the criminal justice system

The People of the Criminal Justice System

• Judge: a public official appointed to decide cases in a court of law

  • can issue an arrest and search warrant

  • act as fact finders (in bench trials only)

  • presides over all trials

• Prosecutor: the chief law enforcement officer in the county that’s supposed to seek justice and not just convict someone

  • Authorizes complains

  • Represents the county in civil matters without corporation counsel

  • reps the people in criminal cases

  • has the burden of proof in all criminal trials

    • Burden of Proof: an honest, fair judgment based on the evidence or lack of evidence to prove (which gives the prosecutor the power to go first and last in a trial)

• Defense attorney: a lawyer who reps a defendant in criminal or civil proceeding protecting their rights

• Police Officer:

• Defendant:

• Victim:

• Witness:

The Difference between Criminal and Civil Law

The Difference can include:

• Who brings the case: Prosecutor v. Private Party

• Burden of Proof: Beyond a reasonable doubt v. Preponderance of the evidence

• Penalty: Jail Time v. Money Judgement

• Right to attorney: Criminal, yes v. Civil, no

Differentiate between criminal law and criminal procedure

Criminal Law: the study of the actual crimes and penalties

Criminal Procedure: the study of the process that occurs when a crime is committed

Actus reus v. Mens reus   

• Actus reus: criminal act

• Mens reus: criminal intent

Differentiate between a felony and a Misdemeanor

Felony v. Misdemeanors

Felony: a serious crime punished by more than one year in prison or death

• Starts in the circuit court, but can be reduced to a misdemeanor and sent to district courts

Misdemeanors: Less severe offenses with penalties of up to one year in jail or fines

Different Types of Crimes:

• Mala Prohibita: crimes that are wrong because the legislative branch said so (example: alcohol in the prohibition era)

• Mala in se: universal moral wrongs (ex: murder, pedophilia, and child abuse)

Causation:

• Specific Intent: the intent to accomplish the precise harm/result that occurred

Criminal Responsibility: punishing people for what they voluntarily did

Basic Procedural Steps:

• imprisonment by grand jury or information

• Arraignment (when the defendant enters a plea of being guilty or not guilty)

• Criminal trial if defendant pleads not guilty

  • trial’s governed by rules of procedure and rules of evidence

• Sieve Effect

  • Attrition of cases

Summarize the life of a criminal case in Michigan

1. District Court

• Criminal Trials for 1-year misdemeanors and lesser offenses (includes felonies that were reduced to misdemeanors)

• Arraignments, setting bail, preliminary examinations for felonies and circuit court misdemeanors, issue search and arrest warrants

2. Circuit Court

• Criminal trial for felonies and circuit court (high) misdemeanors

• hears appeals from district courts

• the state trial court

3. Court of Appeals

• Hears all appeals from the lower courts

• sits in a panel of 3

• elected and serves 6-year terms

4. Michigan Supreme Court

• 7 justices on the supreme court

• elected to serve 8-year terms

Trial Courts vs. Appellate Courts

Trial Courts

• Original Jurisdiction

• Fact Finding

• Apply settled law to establish facts

• impose sanctions

• bound by constitutional provisions and principles

Appellate Courts

• Review decisions made by trial courts

• Interpret federal and state constitutions

• Interpret statues

• Interpret vague language

• follow precedent (stare decisis)

• Error Correctional function