Crime and PunishmentA crime is any act that breaks the law and harms people or society. The type of law that deals with crime is called criminal law. Criminal laws are rules for behavior which outlaw things like stealing, damaging property, or attacking someone. Each state has a list of laws called a penal code which describes every crime and punishment that goes with it. Examples of federal crimes are robbing a bank or committing an act of terrorism. Crimes are classified in different ways. There are two broad categories of crimes based on how serious they are. The two types of crimes are misdemeanor which is a less serious crime and felony which is a more serious crime. In a misdemeanor a person can be find a small amount of money or spend up to one year in jail and with a felony a person can be punished by spending at least one year in prison. Crimes can be grouped as being against people or property. Crimes against people include things like assault and kidnapping. Crimes against property include things like theft and vandalism. Crimes against people are considered more serious than crimes against property because they cause harm to a person.
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Criminal Case ProcedureIn a criminal case, the government is always the plaintiff. That is, the government is the party that brings charges against a defendant which is called the prosecution. During this process the defendants rights are protected by the Bill of Rights. The government must follow the rules of the process to treat a suspect fairly. A criminal case begins when a police believes a crime has been committed. An arrest is made based on evidence which police have to collect to convince s judge to arrest someone for the crime. When they do, a judge issues an arrest warrant; the warrant lists the suspect's name and the crime. When the police arrest someone they are taken to a police station which makes a record of the rest. Next to suspect appears before a judge for a preliminary hearing. If the suspect does not have the money for a lawyer, the judge appoints one. If the crime is a misdemeanor, the specific plea is either guilty or not guilty. If the crime is a felony no plea is made. The next step is to indicate or charge the accused with the crime. If there is not enough evidence against a suspect the case is dismissed. If the case is not dismissed, the next step is the arraignment. The prosecution and defense laws begin plea-bargaining which is a form of compromise. The prosecution agrees to a less serious charge if the defendant agrees to plead guilty. Plea bargains save the government the time and cost of a trial. The trial begins with an opening statement from each side. Then each side presents its case. The prosecution goes first. Each side offers evidence and presents witnesses. This is called cross-examination. After both sides have presented their case, each makes a closing statement. To find a defendant guilty the jurors must be convinced beyond a reasonable doubt. In almost all states the verdict or vote must be unanimous. A defendant who is found not guilty is set free. A guilty defendant is sentenced in court at a later date. Judges take many things into account when sentencing which includes the defendants family history, criminal record, and statements made by the victim's family.
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