LEGL 225 Lecture Notes - Lecture 8: Jury Trial, Exclusionary Rule, Criminal Conversion
Document Summary
The difference between a civil and criminal case. Criminal law prohibits and punishes conduct that threatens public safety and welfare. Only the government can prosecute someone of a crime and punish them. At the end they may have to pay restitution which reimburses them for the crime paid. Right to a jury: a criminal has the right to a jury trial if the crime could carry a sentence of 6 month or longer. Felony: a serious crime, can be sentenced with 1 year or more of prison. Misdemeanor: less serious, often punished with less than a year in county jail. Usually the usa v biffoni or the state of md v biffoni. The plaintiff must show the court that the defendant demonstrated behavior that is outlawed by a statute. The police are discouraged from arbitrary and discriminatory enforcement. A defendant is not guilty if she was forced to commit a crime.