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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
[email protected]@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
