Criminal law is the body of law that deals with individuals who break established laws pertaining to public

safety
The Burden of proof lies with the prosecution and all suspects are innocent until proven guilty
This must be done Beyond a Reasonable Doubt
criminal offenses: Citations (least serious), Misdemeanors, Felonies (most serious)
Actus Reus – The Physical Act •Not only an 'act', but it can be an omission to act or a 'state of being'
Conduct, Consequences, Circumstances, Causation
Mens Rea – Refers to the intention, knowledge or recklessness of the accused
Intent: Specific – to demonstrate specific purpose behind the crime, General – crimes that do not require a further purpose or intention
Recklessness: the accused has been careless in their actions
Attempted crimes – establish intent, some act occurred toward committing the offense and it did not reach full potential
Aiding and Abetting: Somebody has knowledge of the crime and may assist in some way

homicide, assault, sexual assault, abduction and robbery

homicide: killing another one, Culpable assign blame because the killing is intentional of the result of reckless behavior, Non-culpable homicides do
not assign blame and no one is held criminally responsible for the killing
murder: intentional killing of another person
1st: it is planned and deliberate or pre-meditated, The victim is a law enforcement agent (such as a police officer), The killing occurs while another
crime is being committed (Felony Murder: Often depends on the state it happens in, but generally any loss of life that occurs during a felony can be
charged to the perpetrator)
elements of 1st: Intent – must be specific, Deliberation and Premeditation – must occur before and not at the same time as the killing, Malice
Aforethought – usually an evil thought/indifference to human life
2nd: Any intentional killing that does not meet the criteria for 1st degree murder is classified as 2nd degree Murder
elements of 2nd: Done without premeditation, but with malice aforethought, Intent - A homicide that results from an act intended to cause serious
bodily harm, Malice Aforethought - A homicide that results from an act that demonstrates an indifference to human life
manslaughter: A general intent offense and culpable homicide that is not murder ➢ A person is held responsible for causing the death of another, but
the act is not considered intentional ➢ Actus Reus – the action that led to the victim's death ➢Mens Rea – a reasonable person would have seen the
risks involved and therefore should have known better or been more careful
voluntary mans: ➢Intentional killing in which the offender had no prior intent, such as a crime in the “heat of passion” ➢The circumstances leading
up to the murder would cause a reasonable person to become emotionally or mentally disturbed, otherwise it could end up being 1st of 2nd degree
murder
invol. Mans: ➢Unintentional killing that results from recklessness or criminal negligence or from an unlawful act that is a misdemeanor or low-level
felony (such as a DUI) ➢The key difference between voluntary and involuntary manslaughter is the victim’s death is unintended, deadly car crash
caused by alcohol f.e.

criminal proceeding:
Arrest, A warrant is a document usually issued by a judge and given to an officer to make an arrest, In the booking procedure, the suspect's name,
offense, and other information is entered into a police blotter
Station House Bail: the suspect is usually given the right to pay a cash bail and ordered to report to a magistrate
Filing a Complaint: The prosecutor reviews the facts and decides whether charges should be brought
First Appearance: After the complaint has been filed, the suspect is now the defendant, and is brought before the judge for the first time, The judge
does not evaluate the sufficiency of the evidence in any way, but will typically do the following
Notice of Charges – inform the defendant of the charges
Right to Counsel – notify the defendant that he has the right to counsel
Bail and Bonds - The judge will set bail now
Preliminary Hearing - to determine if there is probable cause – a legal reason – to believe the defendant committed the crime
Preliminary Hearing - Both the prosecution and the defendant are represented by counsel
Indictment and Grand Jury - The grand jury – legal body that determines whether or not to proceed with a trial, indictment is a finding by a grand jury
indicating that the grand jury believes enough evidence has been presented to proceed with trial, Outcome is either Bill or No Bill
Arraignment - If an indictment was billed, the defendant is arraigned
Pretrial Motions - the defense counsel has the opportunity to make various pretrial motions, Obtain discovery of the prosecutions evidence, Exclude
evidence
If the offense was a misdemeanor, you will most likely face a bench trial – trial before a judge alone
Post-Trial - If the defendant pleads guilty or is found guilty, he is then sentenced

- **Burden of Proof**: The obligation to provide sufficient evidence to support a claim or accusation in a legal proceeding.
- **Aiding and Abetting**: Assisting, encouraging, or facilitating someone else in committing a crime, making one liable as if they had committed the
crime themselves.
- **Intent**: The state of mind wherein an individual consciously desires a particular outcome or purposefully engages in certain actions.
- **Recklessness**: Acting with conscious disregard for a substantial risk that one's actions may cause harm or result in illegal consequences.
- **Conspiracy**: An agreement between two or more individuals to commit a criminal act, along with an overt act in furtherance of the agreement.
- **Presumption of Innocence**: The principle that an individual is considered innocent until proven guilty beyond a reasonable doubt in a court of
law.
- **Actus Reus**: The physical act or conduct that constitutes a criminal offense.
- **Mens Rea**: The mental state or intention behind committing a criminal act; often referred to as the "guilty mind."
- **Conduct**: Actions or behavior, particularly those that are subject to legal regulation or scrutiny.
- **Circumstance**: Factors or conditions surrounding an event or action, which may influence legal consequences or liabilities.
- **Consequence**: The result or outcome of an action or event, particularly in the context of criminal law.
- **Causation**: The relationship between an individual's actions and the resulting harm or consequence, establishing a direct link between the two.
- **Felony-Misdemeanor Citation**: Classification of crimes based on severity, with felonies being more serious offenses carrying harsher penalties,
while misdemeanors are less serious offenses with lighter penalties.
- **Homicide**: The unlawful killing of one person by another.
- **Culpable**: Describing someone who is responsible or deserving of blame for a wrongful act.
- **Non-culpable**: Not deserving of blame or responsibility for a wrongful act.
- **Murder (1st and 2nd Degree)**:
- First-degree murder: Intentional and premeditated killing with malice aforethought.
- Second-degree murder: Unplanned killing done with malice aforethought but without premeditation.
- **Felony Murder**: A type of murder where a death occurs during the commission of a felony, regardless of intent.
- **Deliberation**: Careful consideration or planning of an action before carrying it out.
- **Premeditation**: Planning or considering an action before carrying it out, especially in the context of a crime.
- **Malice Aforethought**: The intention or desire to cause harm to another person before committing a crime.
- **Heat of Passion**: Acting impulsively or emotionally, often in response to provocation or extreme circumstances.
- **Recklessness**: Acting with conscious disregard for the safety or well-being of others, often resulting in harm.
- **Negligence**: Failing to exercise reasonable care or caution, resulting in harm to others, without necessarily intending to cause harm.
- **Probable Cause**: A reasonable belief that a crime has been committed, often based on evidence or facts.
- **Custody**: Being under the physical control or supervision of law enforcement, typically following an arrest.
- **To charge sb.**: The formal accusation of a person with a crime, typically by law enforcement or a prosecutor.
- **Warrant**: A legal document issued by a judge authorizing law enforcement to perform a specific action, such as an arrest or search.
- **To book/booking**: The process of recording an arrested person's information, including fingerprints, photographs, and personal details, into
police records.
- **Bail/Bond**: Money or property pledged to the court as a guarantee that a defendant will appear for trial, allowing them to be released from
custody before trial.
- **1st Appearance**: The initial court hearing where a defendant is informed of the charges against them and their rights, and bail may be set.
- **Notice of Charges**: Formal notification given to a defendant of the specific crimes they are accused of committing.
- **Right to Counsel**: The constitutional guarantee that individuals have the right to have an attorney represent them during legal proceedings.
- **To plead/a plea**: To formally declare in court whether one is guilty or not guilty in response to the charges.
- **To prepare a complaint**: The process of drafting a formal written accusation of a crime by a prosecutor or law enforcement.
- **Magistrate**: A judicial officer with limited authority, often responsible for conducting initial court proceedings and issuing warrants.
- **Preliminary hearing**: A court proceeding where a judge determines whether there is enough evidence to proceed to trial.
- **To bind over**: To order a defendant to stand trial based on the findings of a preliminary hearing.
- **Pretrial motions**: Legal motions filed by either the prosecution or defense before a trial begins, typically addressing procedural issues or
evidence.
- **Bench trial/trial**: A trial conducted before a judge without a jury, where the judge determines guilt or innocence.
- **Sentencing**: The final phase of a criminal case where the judge imposes a punishment or penalty on a defendant who has been found guilty.
Civil Law Criminal Law

Parties
Plaintiff v. Defendant Prosecutor (Gov’t) v. Defendant
Involved

Reason for
Parties can’t come to an agreement An established law was broke
the Case

Pre-Trial Preliminary Hearing

Local level, (unless high amount in

Court District/local court, appeals, supreme
controversy), appeals, supreme

in trials other than bench trials, usually

Jury only if requested, majority of jurors
unanimous decision

Burden of
Balance of Probabilities Beyond a Reasonable Doubt
Proof

Punishment Remedy: Money Sentencing

No Criminal Record, could affect

Records Has a permanent record
personal business in the future

Conversion Theft
Battery Assault
Breach of Contract Fraud
Personal Injury Assault/Criminal Negligence

Case example: One day, George decides that he would like to see what would happen if he were to drop several pounds of high explosives from a
freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby
overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, “I sure hope nobody gets hurt.” When the
explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are
killed in the ensuing pile-up. What crimes if any has George committed? Explain
George has committed multiple serious crimes:
1. **Murder**: He intentionally caused the deaths of multiple individuals.
2. **Felony Murder**: The deaths occurred during the commission of a felony (possession and use of explosives).
3. **Possession and Use of Explosives**: Illegal possession and use of high explosives.
4. **Reckless Endangerment**: He recklessly endangered the lives of others by dropping explosives onto a freeway overpass.