American Criminal Law Presented to University of Belgrade

American Criminal Law Presented to: University of Belgrade Faculty of Law March 2011 Presented by: Judge Dale A. Crawford Columbus, Ohio judgedac@sbcglobal. net

Criminal Law

Sources of the Criminal Law ØCommon Law ØUnited States Constitution ØUnited States Code ØState Constitutions ØState Codes ØCity Ordinances Ø 1962 American Law Institute Model Penal code

Court Systems UNITED STATES OHIO Appointed Life Ohio Supreme court 7 Justices United States Supreme Court 9 Justices ELECTED 6 YR TERM (Twelve) District Court of Appeals Appointed Term Military Court of Appeals 13 Circuit Court of Appeals Appointed Life $500 Unlimited Felonies Municipal Court Common Pleas Court of Claims $10, 000 -25, 000 Misdemeanors Bankruptcy Panels United States District Court en t Appointed by Chief Justice Appointed Life $1, 000 Counter claim $1, 500 County Court 0 -$3, 000 Mayor’s Court Ag re Traffic & Misc. Civil Proceedings Elected OR Appointed Mayors Court not of record By Small Claims em Elected 6 YR Term Special Courts Tax, Claims, etc. Appointed Terms Bankruptcy Court Judges appointed by circuit Court – 14 YR Term

Jurisdiction - Venue Jurisdiction: The “power” to hear a case. Generally where an element of the crime takes Place. Venue: Which Court? The “place” where the case is heard. Which County?

Limitations on Criminal Law United States & State Constitutions A. Bill of Rights a) 1 st Amendment – Free Speech – Assembly b) 4 th Amendment – No unreasonable searches and seizures c) 5 th Amendment – Grand Jury; double jeopardy; no self incrimination; and due process d) 6 th Amendment – Speedy, public trial; jury trial; informed of the crime charged; confront witnesses; compulsory process; and assistance of counsel e) 8 th Amendment – No excessive bail; no excessive fines; and no cruel and unusual punishment

Limitations (Cont. ) Criminal 1. Statues shall be construed in favor of the defendant 2. No retroactive laws – ex post facto 3. No vague statutes 4. No status offenses – drunk, vagrant 5. No bill of attainder – Laws directed toward a specific person 6. No disproportionate penalties – i. e. death for rape

Purposes & Principles of Criminal Law 1. General Deterrence 2. Specific Deterrence 3. Retribution 4. Rehabilitation

Statutes of Limitations Ohio q. General Felony - 6 years q. Rape, Arson and Kidnapping - 20 years q. Murder - none q. Misdemeanor - 2 years q. Minor Misdemeanor ( traffic ticket ) - 6 months

Elements Crimes require two things 1. Actus Reus – a. a voluntary act b. that causes c. social harm. 2. Mens Rea – guilty mind – culpable mental state – evil mind plus an evil hand.

Elements (Cont. ) Motive: Not necessary unless the crime requires specific intent. i. e. break into a house with the “intent to commit a felony. ” May be important in sentencing. Culpable mental state: a) Purposely – Definition attached b) Knowingly – Definition attached c) Recklessly – Definition attached d) Negligently – Definition attached Transferred Intent

Strict Liability Responsibility for a crime without culpable mental state: Generally disfavored – exceptions 1. Traffic 2. Environmental Offenses 3. Manufacturing impure foods and drugs 4. Selling alcohol to minors 5. Statutory Rape – (Ohio less than 13 years of age)

Burden of Proof (Prosecutors) Beyond a Reasonable Doubt “Reasonable doubt is present when, after you’ve carefully considered and composed all the evidence you cannot say you are firmly convinced of the truth of the charge. ” “Reasonable doubt is doubt based upon reason and common sense. Reasonable doubt is not more possible because everything related to human affairs or depending on moral evidence is open to some possible or imaginary doubt. ” “Proof beyond reasonable doubt is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of his or her own affairs. ”

Defenses Only necessary after the prosecution has proved, beyond a reasonable doubt each element of the offense. 1. The voluntary act 2. The social harm 3. Culpable mental state 4. Causal connection between 1 & 2 If all the elements are proved then the defendant has the burden to prove, by preponderance of the evidence the defense.

Preponderance of the Evidence “Preponderance of the evidence is the greater weight of the evidence; that is evidence that you believe because it outweighs or overbalances in your minds the evidence opposed to it. ” “A preponderance means evidence that is more probable, more persuasive, or of greater probative value. It is the quality of the evidence that must be weighed. ” “Quality may or may not be identical with quantity or the greater number of witnesses. ”

Defense (Cont. ) 1. Self Defense – Justification - : Definition attached 2. Battered Wife Syndrome – Justification 3. Defense of Property – Justification 4. Duress – excuse 5. Insanity – excuse – plea 6. Intoxication – not a defense 7. Mistake of Law – not a defense 8. Mistake of Fact – not a defense – however 9. Alibi – not a defense – “I was not there” 10. Entrapment - excuse

Insanity a) It must be timely plead. b) Defense since the 1300’s. c) Burden on the defendant to prove by a preponderance of the evidence. d) Defined [Ohio]: “at the time of the offense he did not know, as a result of a severe mental disease or defect, the wrongfulness of his act. e) An act committed under stress, impulse, emotion, rage, or passion, however strong and/or uncontrollable, is not an excuse. f) 1981 Hinkley attack on President Reagan. 1. 4 states abolished the defense 2. 20 states added guilty but mentally ill (results in split sentence)

Pleas 1. Guilty 2. Not Guilty 3. Not Guilty by Reason of Insanity 4. No Contest 5. Alford Plea

Jury Trial 1. Dates back to Roman times 2. 6 th Amendment U. S. Constitution 3. Granted in State Constitutions 4. Generally a jury is 12 people with a unanimous verdict. However, not constitutionally required. (Ohio – 8 jurors in misdemeanors) 5. Petty Offenses (6 months or less in jail); jury is not required by U. S. Constitution, however states will require it. 6. Jury trial can be waived

Jurors 1. Live in the jurisdiction of the Court 2. Voters and/or holder of drivers license (18 years old) 3. Challenges to jurors – cause and preemptory challenges 4. Can’t discriminate – Batson challenges 5. Unanimous verdict generally required – Hung Jury

Sentencing 1. Felony vs. Misdemeanor – Prison vs. Jail 2. Indeterminate 3. Determinate 4. Federal Sentencing Guidelines 5. Factors – Ohio see attached 6. Other Sanctions: a) Fines b) Probation – Community Control c) Community Service d) House Arrest

Death Penalty History in the United States 1. Furman vs. Georgia (1972) – executions stop 2. Gregg vs. Georgia (1976) – bifurcated system upheld – aggravating circumstances vs. mitigating factors – executions commence 1977 3. Crimes subject to Capital Punishment 4. Separate sentencing process 5. Life without parole 6. Appeals 7. Discussion

Crimes - Categories Homicide and Assault Offenses Against Family Kidnapping and Extortion Offenses Against Justice Sex Offenders Conspiracy, Attempt & Complicity Arson – Vandalism Robbery, Burglary and Trespass Weapons Control Drugs Theft and Fraud Watercraft & Wildlife Gambling Traffic – Alcohol DUI Offenses Against Public Peace

Criminal Case Misdemeanor (Municipal Court) Jail Arrest Guilty Record Hearing Arraignment Complaint Guilty Sentence Probation Pretrial Trial Not Guilty Jury Case Dismissed Fine-Restitution Community Service House Arrest Any Combination Case Dismissed Felony [Municipal Court] Arrest Not Guilty Arraignment Preliminary Hearing No Bind Over Common Pleas Court Guilty True Bill Plea Grand Jury Bind Over Not Guilty No Bill Case Dismissed Shock Parole Not Guilty Pretrial Trial Pre Sentence Investigation Shock Probation Sentence Prison (& Fine) Parole Guilty Probation Fine-Restitution Community House Arrest Service Treatment Any combination

Appeals 1. Federal Court – See Court Systems chart referred to on slide 4 2. State Court – See Court Systems chart referred to on slide 4 3. Habeas Corpus 4. Time for Appeals