Criminal Law: Twenty-Six Facts Everyone Should Know

What is criminal intent? Does not make a difference what crime you commit, it is the state of mind you are in when you commit the crime. “I intend to do a particular act that has been defined as a crime by a legislature”. Sex offenders are intending to commit an act, while on-line provoking a child without even acting.

How long can a person legally be held if pulled over on a Friday night, with Monday being a holiday? Normally they must call an attorney within forty-eight hours of arrest. On a situation like a holiday, they must call the attorney by Tuesday. It is legal to hold a person for seventy-two hours, if it is the weekend or a holiday.
Recently are government officials cracking down on child molesters; especially through enforcing them to register with the state? Mandatory waiver- involving child abuse; is a way of cracking down on child molesters. Once they commit an act they have no right to live near a bus stop or a school, if they can not find somewhere to live, then they must move, there is always another place to go. Sentencing is not as strict as it could be.

Rape in a marriage; can the victim criminally charge spouse with rape? If they are not charged you can sue, under civil law and be granted a large amount of money giving the victim the ability to destroy the abuser’s life, just like they did to them. Civilly any unwanted touching is a violation, must produce fear.

When a female is driving alone at night, if she is pulled over, can she legally not pull over for fear of danger, can she wait until another officer shows up, or call a dispatcher to find out if it is a real officer behind her? Yes. You do not need to pull over until you reach a populated area. Turn on the flashers to indicate that you will pull over once you reach a well lit area.

The case in Georgia, the teenager and his three friends who killed his step father in the home, then drove to South Carolina and set the car on fire. They were charged with murder in Georgia, and arson in South Carolina, can you explain further? It is not considered double jeopardy if they are trialed in two separate jurisdictions, with a separate crime. Federal law was violated, when they crossed state lines, could have been charged three times in each jurisdiction.

If a police officer arrives at a home in a domestic dispute, where it is obvious that the male is the perpetrator, what rights would be violated if he were to be put into a group home where he would receive counseling, be allowed to work, pay family and group home, have a curfew, and wear an electric monitoring bracelet? This prevents the woman from having go run the rest of her life. If the man is trialed and found guilty, there are no rights that would be violated.

What is case of first impression? Criminally; no matter how bad the action was, if there is no law, the case is dismissed. Civilly; if there is no defined law, the courts can go back in history and research older cases to make up a new law and apply it to that case. A single even can be trialed civilly and criminally. Try defendant in a criminal court case first, then try in civil court, with a guilty verdict, use paperwork to prove, and then argue how much money you should get.

When criminal courts are selecting a jury, if it is supposed to be random, how do they select people who will vote for the death penalty? If a judge wants a specific outcome and selects a jury based on that, is it legal? Both parties choose who they want to be on a jury, they can remove a juror for any reason on preemptive challenge in criminal cases the defense gets twice as many preemptive challenges as the prosecutor. One side wants the death penalty, so they choose people who favor the death penalty. The defendant chooses people who are against the death penalty. Each side chooses six, so it is fair for both parties.

If the police have been called to a specific residence numerous times over the years; and domestic violence was suspected yet there were never any arrests, can that be evidence in court? Yes, it would launch a DSS investigation.

Where is the closest maxi max prison? The maxi max prisons are located in the Midwest and they are underground.

How could a person get permission to interview a maxi max prisoner? It is very difficult to enter a maxi max prison, there are many background checks, and the inmates are not allowed visitors. The environment is very strict; the inmates only have a bed, toilet, and a sink. This is because they are too likely to kill themselves. They live in intense deprivation; they are never moved without two guards and being restricted by both the hands and feet. The purpose of a maxi max prison is to scare other prisoners from being more violent. When an inmate leaves the maxi max, he or she tells the other prisoners at the maximum prison, that there really is a place that is worse than the maximum prison. There is nothing to do, or to look at, nor is there anyone to talk to. All they see twenty four hours a day is bright florescent light and white walls.

What can happen to doctors who use malpractice, can they be charged with murder for operating on a person who needs surgery that the doctor does not know how to do? When they could just as easy could find a doctor who can perform the surgery. The patient dies because of their negligent decision to put money before a patient’s life? The family can sue the doctor civilly and it could become a criminal case as well. If the actions meet the definition of law, defining the behavior of a crime; gross negligence is a crime.

If a person was coerced to commit a crime, participate in a crime, or was manipulated, what would their defense be? They are an involuntary actor, they had no intent, and the enforcer is the one with the intent. It can only be a defense if it is not a capital crime. If a person strapped dynamite to you and forced you to rob a bank, you are innocent, you are being forced to commit a crime, or die.

Who can charge people with a crime? Only the District Attorney can charge a person with a crime. Anyone can file a complaint against someone, but if they file a false report they will be arrested for filing a false complaint.

Is governmental immunity the same good-faith immunity, how are they different? Good faith means you did not intend nor did you know you were violating someone’s rights.

Can anyone find the criminal record of someone who they are suspicious of? Yes by the Freedom of Info Act. The Sunshine Law in Georgia, all records are kept public except education and medical records. Administrative and criminal records are public.

How can a person prove that someone was framing them? Factual evidence to convince a jury that what you are saying is what actually happened.

In the Antoinette Frank case: shot a police officer and two employees of a restaurant she was robbing. She was charged and sentenced to death. She was a police officer for the New Orleans Police Department; she should have never been hired. The police department knew she had lied on her application, she was fired from Wal-Mart, filed a false missing persons report, and psychiatric testing determined she was unfit to be a police officer. Can the police department be held liable for the armed robbery and three murders; because they hired her knowing that she should not be an officer? No civil liability, protected by governmental immunity. New Orleans Police Department was reconstructed years later, all officers were fired. It was the most corrupt police department in U.S. history.

If a person is convicted of three felonies, placed in jail based on the three strike rule, if later was found out they were innocent for one of the felonies, would they be released or just remove that particular sentence? It varies; the third felony penalty is larger than just each individual offense. If the person is found to be innocent they may have their sentence adjusted, or be released. It depends on the circumstances, and if he or she already served enough time.

If there is a sex offender living in a neighborhood that is highly populated with children and there is a school less than five miles away, what should a neighborhood do if they feel their children are unsafe? There must be a statute, prohibiting the right of the offender to live somewhere; otherwise you can not do anything. The neighborhood can exercise their right to free speech. They can state how they feel about it, post signs, only if the person is a convicted sex offender.

If a person had gotten violent at another home, and the police were called, informed the offender not to return to the home, what would happen if he did go back to the home? It is trespassing.

If that person continues to call the home to speak with a particular person, to what extent could they be forced to stop? You should keep records, ask them to stop, send a complaint to prove you requested them to stop, have caller id that would keep a record of all calls in and out of the home. Finally you could sue for harassment.

Is it typical for a person who kills a police officer to receive the death penalty? No.

Is it rational to give a serial rapist the death penalty? Yes. If there is a statute that provides that level of punishment for that crime.

What is the general length of sentencing for manslaughter in the third degree? One to three years in prison, unless there is a statute.