Criminal Law

Criminal Law

Unit 5-14

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Lesson Overview

• Students Will Be Able To:
oDistinguish between criminal law and civil law.
oCategorize offenses according to their severity.
oEvaluate whether the prosecution in a criminal
court case meets the burden of proof.
oCreate a fictional criminal court case.
• Vocabulary:
oAttorney, Burden of Proof, Defendant, Felony,
Infraction, Jury, Misdemeanor, Prosecutor

Essential Question-How might someone end up in
criminal court, and how might they be convicted?

Why do you
think we have
so many steps
and procedures
for the Criminal
Court process?

Criminal Law & Civil Law Review...

• Criminal Law- is related to the
punishment of people who commit
crimes
oWorks to ensure public safety
oFederal or State Government must build a
case against someone accused of a crime
• Civil Law- is related to legal disputes
between individuals, organizations,
and governments
oNon-criminal issues such as violation of
rights
oWhether someone is responsible for
damages (money to be paid)

The Criminal Justice System

• Involves many different institutions
(groups) and individuals
• Most criminal cases involve the violation
of state laws and, therefore, are heard in
a state court
• In Pennsylvania original jurisdiction for
criminal cases go to magisterial and
district courts
• Attorneys- people educated in the law
who argue on behalf of someone in
court
• Look at the pyramid visual to see how
the cases would work their way up to
the top

Multiple Choice

As the enforcers of laws, what branch of government are police part of?

• Judicial

• Executive

• Legislative

Infractions, Misdemeanors, and Felonies

• These are all categories of crimes, and they all have
different sentences/punishments
• Infraction-least severe type of offense
o Examples- speeding, jaywalking, parking illegally, running a stop
sign, etc...
o Infractions are usually punished through paying a fine
• Misdemeanor- a criminal offense that carries a potential
jail term of less than one year
o Examples- drunk driving, shoplifting, illegal drug possession, etc..
o In PA misdemeanors may be punished up to 5 years in prison or
fines up to $10,000
• Felony- most severe type of crime, anything causing
serious bodily harm or monetary loss to others
o Examples- Burglary, Theft of Property, Kidnapping and Murder
o Repeated misdemeanors can become felonies in PA

The Two Sides of a Criminal Case

• The two sides in a criminal case are
different and are called the Prosecutor
and the Defendant
• Prosecutor- a lawyer who tries to prove the person on trial is guilty of a crime, they represent the government
oMust follow Due Process- a set of rules that
protect the rights of the accused

• Defendant- the person accused of a
crime
oHas the right to a defense attorney
oHas the right to a trial by jury, in a
Jury Trial- members of the public make decisions in the case

Draw

Consider the scenario below. Match the person to the role. Thieferton is suspected of robbing a bank and is arrested. To prepare for the criminal trial, Thieferton hires a legal professional named Lawson. In the trial, Lawson argues on Thieferton's behalf, hoping to prevent Thieferton from being found guilty. Another legal expert named Stately represents the government in the trial. Stately presents evidence to try to prove that Thieferton committed the crime.

Burden of Proof

• In a court case the Burden of Proof- is the amount of evidence needed to prove a claim
• In a criminal case the prosecution bears the "Burden of Proof" by proving the defendant is "Guilty beyond a reasonable doubt"
• You are considered "Innocent until proven guilty" in our justice system
• A defense attorney must only raise "Reasonable Doubt" that their client might not have committed the crime

Essential Question- How might someone end up in criminal court, and how might they be convicted?

• The criminal justice system investigates and punishes
crimes.
• Offensive are categorized by severity as infractions,
misdemeanors, or felonies.
• The burden of proof in a criminal case is "guilty beyond a reasonable doubt."