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Criminal Law Chapter 4 – Criminal Law (pg. 65 – 75) Remember that the type of Crime covered under Criminal Law is a Crime against Who ? These crimes are enforced by law enforcement and are judged in courts specifically mandated to hear criminal cases. They work on behalf of all of us to maintain order. Chapter 4 – Criminal Law (pg. 65 – 75) To be convicted a crime you must be proven to have had all 3 of these elements present: 1. You had a duty to or not do a certain thing (thou shalt not kill) 2. You performed an act or omission in violation of that duty (you killed) 3. You had a criminal intent (You planned to kill) Chapter 4 – Criminal Law (pg. 65 – 75) Our duties are statute based – the government specifically says we are either required to perform or not perform a certain duty (ex. Robbery, filing your tax return) The state (prosecutor) must prove a Criminal Act occurs in violation of that statute, and that you intended to commit the act or omission in violation of the statute Intent is not motive. Intent means I wanted to do it, not I had a reason to do it. (ex. I dislike Bob, and I accidentally hit him with my car – motive, intent or both?) Why might this be tricky for a case involving a business? Chapter 4 – Criminal Law (pg. 65 – 75) Other important Criminal Law Stuff Negligence can often equal intent (willful) Felonies are more serious crimes, usually carrying minimum jail time Misdemeanors are less serious crimes, and carry lower penalties White Collar Crimes are often those committed in the business world - where does the name come from? Conspiracy is the committing of a crime, by more than one person https://www.youtube.com/watch?v=XfWnITmT1Ws Chapter 4 – Criminal Law (pg. 65 – 75) Criminal Procedure – what are our rights! Probable Cause must exist No unreasonable search Right to an Attorney Adequate representation Adequate Proof Standard Guilty beyond reasonable doubt Ignorance Not a viable defense Cover the Miranda Case. Chapter 4 – Criminal Law (pg. 65 – 75) In addition to making sure the state follows the right procedures, you are also permitted to put up a Defense on your own behalf Procedural Defense The way evidence was obtained, etc Substantive Defense Attacking the evidence itself Self- Defense Commit a crime to save/protect yourself or your belongings Chapter 4 – Criminal Law (pg. 65 – 75) Some finer points to the law - Immunity – trading your testimony against others to avoid prosecution - Contempt of Court – Significant hindrance/lack of cooperation with the courts work - Plea Bargain – give up your right to trial in exchange for a potentially lesser sentence.

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Day V. Mcdonough, 04-1324
(Slip Opinion) OCTOBER TERM, 2005 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus DAY v. MCDONOUGH, INTERIM SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 04–1324. Argued February 27, 2006—Decided April 25, 2006 The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) sets a one-year limitation period for filing a state prisoner’s federal habeas corpus petition, running from “the date on which the judg- ment became final by the conclusion of direct review or the expiration of the time for seeking such review,” 28 U. S. C. §2244(d)(1)(A), but stops the one-year clock while the petitioner’s “properly filed” appli- cation for state postconviction relief “is pending,” §2244(d)(2). Under Eleventh Circuit precedent, which is not challenged here, that tolling period does not include the 90 days in which a petitioner might have sought certiorari review in this Court challenging state-court denial of postconviction relief. Petitioner Day’s Florida trial-court sentence was affirmed on De- cember 21, 1999, and his time to seek this Court’s review of the final state-court decision expired on March 20, 2000.
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