CRIMINAL LAW AND PROCEDURE

A.    DEFINITIONS.

A crime is an act in violation of some existing prohibitory statute and the common morality of the country. An individual cannot compromise a criminal wrong, for crime is a matter for the state to settle. Crimes may be classified as felonies, or more serious offenses, and misdemeanors, or less serious offenses, but the distinction is largely an arbitrary one.

These acts are violations of criminal law in most states.

1. Accessory to the Crime. Any person assisting another to commit a crime or to escape : from the scene of the crime is equally guilty with the principal.
   
2. Adultery. In many of the states, it is a crime for any married person to live openly with any person of the opposite sex who is not his lawful spouse.
   
3. Arson. At common law, the malicious burning of a dwelling, and by statute in most states, also the burning of a business or commercial property.
   
4. Assault and Battery. A person who threatens or attempts to strike another person is guilty of assault, even though the threat is not followed by actual battery. Assault becomes battery when injury is actually done. The slightest unlawful touching may be battery.
   
5. Bigamy. A person having more than one husband or wife at one time is guilty of the crime of bigamy.
   
6. Bribery. The offering or giving of money or other valuable consideration to a public officer or one performing a public duty, as an inducement for that officer to commit an unlawful act. The giver and the receiver of the bribe are equally guilty.
   
7. Burglary. The unlawful breaking into and entering of the building of another with the intent to commit a crime.
   
8. Conspiracy. When two or more persons agree to do an unlawful act, the agreement is called a conspiracy, and is in itself a crime.
   
9. Contempt of Court. Any attempt to obstruct justice or to injure the dignity of the court is punishable by the action of the court.
   
10. Embezzlement. Wrongful appropriation and use of the personal property of another person by one to whom it has been voluntarily turned over for some lawful use.
    
11. Extortion. Asking and accepting of unlawful fees by a public officer.
    
12. False Pretense. It is a criminal offense to obtain money or other things of value by the false or fraudulent representation of a past or existing fact.
    
13. Forgery. False making, or the material alteration, of a Written instrument, contract, or an), other legal paper with intent to defraud.
    
14. Fornication is illicit sexual intercourse other than adultery, as that between unmarried persons. It is punishable in some states.
    
15. Larceny. Unlawful appropriation and use of a person's property. It differs from embezzlement in that the original taking is unlawful.
    
16. Malicious Mischief. Willful and intentional injury of another's property.
    
17. Manslaughter. Unlawful killing of a human being without malice or premeditation.
    
18. Mayhem. The act of maiming, disfiguring, or cutting away any part of the human body.
    
19. Murder. Unlawful taking of a human life with malice and premeditation.
    
20. Perjury. False swearing of a person under oath. A person inducing another to perjured testimony is equally guilty.
    
21. Rape. Sexual intercourse without consent.
    
22. Robbery. Stealing property from another by force and intimidation. It is a felony punishable by imprisonment in the penitentiary.
23. Seduction. To have intercourse with a woman of chaste reputation through false promises of marriage is a crime.
    
24. Stolen Property. Receipt or concealment stolen property with the intent not to return it to the rightful owner.

B.    BURDEN OF PROOF.

In proving the commission of a crime, the burden of proof is upon the state. In other words, a person accused of a crime is presumed to be innocent until the contrary is proved "beyond a reasonable doubt." Most states require that the verdict of the jury be unanimous to convict. In Oregon, a jury need not be unanimous.

If any reasonable doubt remains in the minds of the jury after it has heard all the evidence, it is its duty to acquit the defendant. Once acquitted, a prisoner cannot be brought to trial a second time for the same offense in the same jurisdiction.

C.    TRIAL BY JURY.

A person accused of a crime is guaranteed the right to a fair and impartial trial by a jury and the right to be represented by a competent lawyer. The trial must occur in the county where the crime was committed unless a change of venue is granted. The defendant is entitled to a change of venue if it can be proved that on account of prejudice on the part of the judge or jury the accused could not receive a fair trial in the county where the alleged crime was committed.

II.    CRIMINAL PROCEDURE:

A.    GENERALLY.

THESE STEPS ARE GOVERNED BY STATE STATUES. SEE INDEX TO OREGON LAWS.
The first step in criminal procedure in most states is generally, the issuing of a warrant by a justice of the peace or other judicial officers When arrested, the accused is either placed in custody or, if he can furnish a satisfactory bond, released on bail awaiting trial. Bail means the sureties who bind themselves to have the accused present in court when required for trial. If the offense is a misdemeanor the case is usually tried and settled before the justice. If it is a felony, the justice holds a preliminary trial, certifying his findings to the grand jury. Acting in an investigating capacity, the grand jury may indict the accused, and the case is tried on its merits in the regular criminal court. If the grand jury fails to indict, the charge may be dropped on account of insufficient evidence.

B.    CONFESSION.

A legal confession must be voluntary and free from all compulsion, either physical or mental. Third degree methods are unlawful, and a confession procured by the use of threats or violence has no standing in court.

C.    POST CONVOCATION RELIEF: HABEAS CORPUS.

A writ of habeas corpus is sometimes issued by the court to prevent people from being unlawfully deprived of their liberty. The prisoner is brought before the court and is released unless cause can be shown for his detention. This is a fundamental right under the Constitution.

III.    DEFENSES TO CRIMES.

Two defenses that are often raised are the defense of insanity and that of self-defense. A person who cannot distinguish right from wrong is insane and cannot be held responsible for his acts, but the insanity must be proved. Also, a person may defend his person, family, or property and may use such force as is necessary. If a person can show that the act was committed in self-defense he is guilty of no crime.