American Criminal Law

American Criminal American Criminal LawLaw

Presented to:Presented to:

University of BelgradeUniversity of Belgrade

Faculty of LawFaculty of Law

March 2011March 2011

Presented by:Presented by:

Judge Dale A. CrawfordJudge Dale A. Crawford

Columbus, OhioColumbus, Ohio

judgedac@sbcglobal.netjudgedac@sbcglobal.net

Criminal LawCriminal Law

Sources of the Criminal LawSources of the Criminal Law

By Agre

ement

(Twelve)District

Court of Appeals

Ohio Supreme court 7 Justices

Court of Claims

County Court

Common Pleas Court

MunicipalCourt

Mayor’s Court

Small Claims

United States Supreme Court

9 Justices

Military Court of Appeals

13 Circuit Court of Appeals

United StatesDistrict Court

Bankruptcy Court

Bankruptcy Panels

Special Courts Tax, Claims, etc.

Court SystemsCourt Systems

ELECTED 6 YR TERM

Elected OR Appointed Mayors

Court not of record

Traffic & Misc.Civil Proceedings

0-$3,000$1,000

Counter claim$1,500

$10,000-25,000Misdemeanors

Elected 6 YR Term

Appointed byChief Justice

AppointedLife

OHIO UNITED STATES

Appointed Term

AppointedLife

AppointedLife

Appointed Terms

Judges appointed by circuit Court – 14 YR Term

$500-Unlimited Felonies

Jurisdiction - VenueJurisdiction - Venue

Limitations on Criminal Limitations on Criminal LawLaw

Limitations (Cont.)Limitations (Cont.)

Purposes & Principles of Purposes & Principles of Criminal LawCriminal Law

General Felony - 6 years

Rape,Arson and Kidnapping - 20 years

Murder - none

Misdemeanor - 2 years

Minor Misdemeanor ( traffic ticket ) - 6 months

Ohio

ElementsElements

Elements (Cont.)Elements (Cont.)

Strict LiabilityStrict Liability

Burden of Proof Burden of Proof (Prosecutors)(Prosecutors)

DefensesDefenses

Preponderance of the EvidencePreponderance of the Evidence

Defense (Cont.)Defense (Cont.)

InsanityInsanity

PleasPleas

Jury TrialJury Trial

JurorsJurors

SentencingSentencing

Death PenaltyDeath Penalty

Crimes - Crimes - CategoriesCategories

Criminal CaseCriminal CaseArrest

Complaint

Arraignment

Guilty

Not Guilty

Record Hearing

Jury

Pretrial

Guilty

Not Guilty

Case Dismissed

Trial

SentenceJail

Probation

Fine-Restitution

Community Service

House Arrest

Any Combination

Misdemeanor (Municipal Court)

Felony

Arrest

[Municipal Court]

Not Guilty ArraignmentPreliminary

Hearing

No Bind Over

Bind Over

Case Dismissed

Grand Jury

Common Pleas Court

No Bill

True Bill

Case Dismissed

PleaNot Guilty

Guilty

Pretrial Trial

Guilty

Not Guilty

Case Dismissed

Pre SentenceInvestigation Sentence Prison (& Fine)

Probation

Fine-Restitution

Community Service

House Arrest

Treatment Any combination

Shock Parole

Shock Probation

Parole

AppealsAppeals