LEGL 2700 Lecture Notes - Lecture 15: Grand Jury, Arson
2 Mar 2017
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Criminal law background: punish somebody on behalf of the american people: always filed by government, white collar crime. Corporation can be found guilty of crime: potential penalties. Required elements: criminal intent: mental intent to do something illegal, criminal act: performing a physical act. Classifications of criminal conduct: state vs. federal. Federal: federal rights/interests (ex: counterfeit money), across state lines. State: arson, theft: felony vs. misdemeanor (based on potential maximum jail time) Misdemeanor: less serious max jail time < 1 year. Felony: more serious max jail time >1 year. Grand jury: prosecutor must convince jury 51% more likely they did it: misdemeanor procedure. Just charged with crime; no jury: arrangement. Not going to dispute charges in court (waive right to trial) but you don"t admit you did anything wrong. Constitutional issues: fourth amendment: unreasonable search and seizure. Limits when/how the police can search you or your property.
