Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

Transcription

1 Criminal Law Month Content Skills August Introduction to law Define the term jurisprudence. What is law? Explain several reasons for having laws. Discuss the relationship between laws and values. Give examples of how laws reflect economic, moral, political, and social values. Analyze a case in order to explore the relationship between law and morals. Evaluate the relationship between rights and responsibilities. Distinguish between being right and having a right. Identify the two major groups of laws (civil/criminal). Define the following terms: criminal laws, felonies, misdemeanors, civil laws, civil action, defendant, plaintiff, prosecutor, beyond a reasonable doubt, and preponderance of the evidence. Explain the difference between criminal and civil laws. Describe the difference between misdemeanors and felonies. Recognize, from a story, the laws involved and identify each law as either civil or criminal. September Lawmaking process US Court System Crime in America Crimes against the person Identify the roles of Congress, state, and local legislatures in making laws. Define the terms: statutes, supremacy clause, bills, and legislative intent. Identify and explain the purpose of the supremacy clause of the Constitution. Distinguish among laws made at local, state, and federal levels of government. Interpret a law using the concept of legislative intent based on a case scenario. Identify two rules that judges follow when determining legislative intent and draft a law using the five guidelines for drafting laws. Define the terms: trial courts, parties, plaintiff, prosecutor, defendant, adversary system, voir dire, removal for cause and peremptory challenges. State at least one argument in favor of, and at least one against, the adversary process. 1 of 7

2 List steps in a trial. Describe roles of judges, furies, defense attorneys, prosecutors, and plaintiffs in a trial. Define the terms: appeals court, error of law, precedent, dissenting opinion, and concurring opinion. Describe conditions under which a case can be appealed to higher courts, including the US Supreme Court. Distinguish between and explain the functions of, concurring and dissenting opinions. Compare structures of federal and state court systems. Classify cases according to jurisdiction of specific courts. Describe the significance of precedents established by the Supreme Court. Describe the process for appealing cases to the Supreme Court. Define the terms: petitions for certiorari and due process of law. Distinguish between cases which are likely to be granted certiorari and those which are typically rejected. Relate the powers of Supreme Court justices to the controversies that accompany their nominations. Identify the types of crimes. Evaluate the seriousness of various crimes. Apply statistics to interpret the seriousness of crime in the US. Identify trends in crime rates. Identify the relationship between crime and gener, substance abuse, age, time of day, and the type of area in which the crime takes place. Assess the extent to which everyone is affected by crime. Evaluate causes of crime. Evaluate methods of curbing crime. Describe the likelihood of crime victimization for various groups. Explain why there are no simple answers to the problem of crime. 2 of 7

3 Define the terms: crime, incarceration, and community policing. Weigh the extent to which gangs are a problem in the US. Describe the characteristics of gangs including membership, illicit activities, rituals, and uses of symbols. List reasons why people join gangs. Identify successful community responses to gangs and delinquency. Describe the relationship between guns and crime. Describe how the Supreme Court has interpreted gun control laws in relation to the Second Amendment. Describe various state laws that have been passed to regulate firearms. Identify social problems made worse by substance abuse. Describe the relationship between alcohol and violent crimes. Describe legal consequences and human costs of combining alcohol and automobiles. Identify social and economic costs of illicit drug use. Describe the role of peer pressure can play in resisting drug use. Describe how the Controlled Substances Act classifies drugs. Weigh merits of various approaches to the drug problem. Discuss legal consequences of sale or possession of illegal drugs. Evaluate proposals to legalize illicit drugs. Define the terms: drunk driving and implied consent law. Describe the relationship between crimes and state of mind. Describe the relationship between crimes and motives. Identify examples of strict liability offenses. State how a strict liability offense differs from other crimes. Define the terms: state of mind, motive, and strict liability. Distinguish the difference between felonies and misdemeanors 3 of 7

4 Distinguish between a principal and an accomplice of a crime, accessory before and after the fact. Define the crimes of solicitation, attempt and conspiracy. Identify the four factors of crime: mens rea, actus reus, causation and harm. Explain the relationship between mens rea, actus reus, causation and harm, discussing in depth the different levels of meaning in each. Differentiate between assault and battery. Describe the legal relationship between malice, premeditation, and first degree murder. Distinguish between first degree murder and felony murder. Describe the legal relationship between malice, premeditation, and second degree murder. Distinguish between voluntary manslaughter, involuntary manslaughter, and negligent homicide. Distinguish between forcible rape and statutory rape. Describe the relationship between consent and rape, citing examples of lack of consent. Describe proof that may be required for a rape conviction. October Crimes against property Defenses Identify and understand the definitions of theft crimes, including larceny, robbery, armed robbery, embezzlement, receiving stolen property and extortion. Understand burglary as well in relation to these. Identify two categories of defenses which prove that a criminal act should be considered excusable or justified. Describe circumstances in which the law recognizes the right of a person to use reasonable force in self defense Describe the extent to which force can be used in defense of property. Explain various defenses in which a criminal is not responsible for his/her actions including infancy, intoxication, insanity, entrapment, duress, and necessity. November Criminal Procedure -Investigation Phase -Pretrial proceedings Describe when the criminal justice process begins and ends. Identify when and why freedom can come during the criminal justice process. Identify steps on a diagram of the criminal justice process. 4 of 7

5 Identify when an arrest takes place, the relationship between arrest and the 4th Amendment, the two ways a person can be taken into custody and what an arrest warrant must contain and how it is obtained. Describe factors used to determine probable cause. Explain why probable cause may be difficult to determine. Describe how information used to establish probable cause is evaluated. Describe the powers of police and rights of the individual in stopping and questioning those suspected of criminal activity. Describe how police use of force is evaluated. Weigh the comparative importance of an individual's right to privacy and the government's need to gather information. State how the 4A limits the power of the government. Identify USSC decisions that have functioned to limit and to expand the privacy rights of individuals. Explain how the exclusionary rule protects individuals against the unreasonable use of police power. Describe how a search warrant is obtained and what it must specify. Identify steps police should take in carrying out a search warrant. List and describe situations when searches are considered reasonable and may be conducted without a warrant. Evaluate situations to determine if evidence is admissible. Evaluate situations to determine if police violated the 4A. Describe USSC decisions relating to students 4A rights and drug testing. Identify rights of an individual being interrogated that are stated in the 5A and 6A of the Constitution. Identify what interrogations often produce and how they are used in trials. State when a confession is not admissible. Identify police conduct that would render a confession inadmissible. Describe how the Miranda and Escobedo cases clarified terms of a defendant's right to counsel. Identify two circumstances that may result in no trial at the 5 of 7

6 stage of preliminary proceedings. List steps police take when the accused is first brought to a police station. Identify four steps that may occur when the accused first comes before a judicial officer. State how guilty plea procedures differ between misdemeanors and felonies at the initial appearance stage of a case. Identify the purpose of bail. Describe cases in which bail may not be granted. Describe how the process of bail works. State the relationship between bail and the 8A. Describe circumstances in which the accused may be released on personal recognizance. List additional methods courts use to ensure that a defendant returns for trial. Weight merits of arguments for and against pretrial release. Define the purpose of a grand jury. State how the rights of individuals and democracy itself may be protected by our grand jury system. Describe the roles of the prosecutor, defendant, defense attorney, judges, and witnesses in a grand jury. Distinguish between federal and state requirements for grand jury indictments. Identify how steps differ following a guilty or not guilty pea at the felony arraignment. Describe types of pretrial motions the defense may file. State the relationship between the 4A and the exclusionary rule. State how opinions of police and defendants are likely to differ regarding the exclusionary rule. Describe how Mapp v. Ohio affected rights of the accused in cases at the state level. Weigh the merits of arguments for and against the exclusionary rule and judicial integrity and deference. Describe the relationship between the exclusionary rule and judicial integrity and deference. 6 of 7

7 Identify the good faith exception to the exclusionary rule and the reason for its existence. State what most defendants who are convicted do before going to trial. Distinguish between the processes of entering a guilty plea in minor and major cases. Describe concessions typically granted to a defendant in exchange for a guilty plea. Evaluate arguments for and against the use of plea bargaining. December Criminal Procedure (cont.) -The Criminal Trial -Sentencing and Corrections, including the death penalty Summarize rights related to a fair trial to which people accused of crimes are entitled. State how jury panels are selected. State how rights of people accused of crimes is protected by the Sixth Amendment requirement for a speedy public trial. Explain the right to compulsory process and confronting witnesses, in addition to the freedom from self incrimination. Describe the meaning and importance of the right to counsel. List the steps in a trial. List and explain the options judges may exercise in determining a sentence. Describe factors that are weighed in sentencing decisions. Define the terms: capital punishment, suspended sentence, probation, home confinement, fine, restitution, work release, imprisonment, and pre-sentence report. 7 of 7