Government: 15.3 Criminal Law

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Introduction

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In Criminal Law cases, the government always the prosecution.
- The defendant is the person accused of a crime.
A crime is an act that breaks a criminal law and causes injury or harm to people or to society in general.
Not doing something may also be considered a crime.

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Criminal Justice System

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is the system of state and federal courts, judges, lawyers, police, and prisons that have the responsibility for enforcing criminal law.
There is a separate juvenile justice system with special rules and procedures for handling cases dealing with juveniles, who in most states are people under the age of 18.

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Petty Offense

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Minor crimes such as parking illegally, littering, disturbing the peace, minor trespassing, and driving beyond the speed limit are petty offenses.

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Misdemeanors

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More serious crimes like vandalism, simple assault, stealing inexpensive items, writing bad checks for modest amounts, and being drunk and disorderly are misdemeanors.
A person found guilty of a misdemeanor may be fined or sentenced to jail, usually for one year or less.

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Felonies

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Serious crimes such as burglary, kidnapping, arson, rape, fraud, forgery, manslaughter, or murder are considered felonies.

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Investigation and Arrest

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A valid arrest warrant must list the suspect's name and the alleged crime.

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Preliminary Hearing or Grand Jury

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In federal courts and in many state courts, cases will go to a grand jury, a group of citizens who review the prosecution's allegations in order to determine if there is enough evidence to put the accused on trial.
If the grand jury finds sufficient evidence, it "hands up" an indictment, or formal criminal charge.

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Plea Bargaining

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In about 90 percent of all criminal cases, the process comes to an end with a guilty plea because of plea bargaining.