SPEA-V184 Final Exam
Criminal Law ✔✔Focuses on the laws that govern the citizens and are enforced by the state.
Civil Law ✔✔Focuses on interactions between citizens (and corporations)
Criminal Law characteristics ✔✔
1) The state brings the case, not the victim.
2) The defendant is the accused person.
3) The burden of proof has to be beyond a reasonable doubt.
Civil Law characteristics ✔✔
1) The plaintiff brings the case
2) The defendant is the party responding to the filing.
3) The burden of proof is by a preponderance of the evidence.
Right to trial by jury: Felonies ✔✔Have a jury of 12
Right to trial by jury: Misdemeanor ✔✔Defendant can request a trial by jury within a certain time period. (jury of
6)
Right to a trial by jury: Civil cases ✔✔Found in the 7th amendment (jury of less than 12)
3 categories of crimes ✔✔
1) Felony
2) Misdemeanor
3) Infractions
Felony characteristics ✔✔-punishable by death or incarceration in a prison for at least one year
-may result in the loss of civil liberties
Misdemeanor characteristics ✔✔-punishable by incarceration in a facility for less than a year
-typically involves alternatives to incarceration
-officers cannot arrest unless the crime was committed in their presence
Infractions ✔✔Generally violations of city ordinances or traffic laws
Exclusionary rule ✔✔Illegally obtained evidence cannot be used in trial (any violation made by authorities of 4th
or 5th amendment laws)
Exceptions to the exclusionary rule ✔✔-good faith rule
-search incident to arrest
-plain view rule
-exigent circumstances
