An Overview of Criminal Law and Defense in America

An Overview of CRIMINAL LAW and DEFENSE in America Criminal law is a complicated thing. While necessary for maintaining a safe society and designed to protect the rights of the citizens, the criminal justice system can seem intimidating and cruel, with draconian penalties and severe social consequences. Here we take a look at the criminal law in America and how to stay protected when facing conviction. CRIME IN THE UNITED STATES IN 2012 $15.5 billion in losses suffered by 12.2 million 1,214,462 8,975,438 violent crimes arrests made by property crimes victims of property the FBI ECONOMY DOWN, CRIME UP According to the FBI, the following cities are the ones struggling with the highest rates of murder, rape and assault Stockton, California 13.8 Rockford, Illinois 14.5 Baltimore, Maryland 14.6 (violent crime per 1,000): Little Rock, 15.2 Oakland, California 15.3 Memphis, Tennessee New Haven, Connecticut 15.4 15.8 St. Louis, Missouri 17.5 Detroit, Michigan Flint, Michigan 18.9 22 Do the Crime... Murder Larceny every 35 minutes every 5 seconds Robbery Vehicle theft every 1 minute, 30 seconds every 40 seconds Assault every 39 seconds TOP U.S. CRIME BREAKDOWN DRUGS According to the World Drug Report published in 2012, there were: 230 million people (5% of the world population) used an illicit drug at least once 27 million use problem drugs like heroin and cocaine 45 tons of meta-amphetamine were seized in 2012, 60% more than in 2008 25% of victims reporting violent offenses believed that the offender used drugs and alcohol at the time Drug-related stats: 1.7 million state and local arrests for drug abuse 37% of the 2 million convicted offenders declared they were drinking alcohol at the time of their arrest and over 50% are clinically addicted 95% of inmates return to alcohol and drugs after being released from prison DOMESTIC VIOLENCE According to the Department of Justice statistics, in 2013 there were: 960,000 domestic violent incidents 85% females 15% males Women aged 20-24 are at the greatest risk 503,485 women are stalked by their partners every year On average, 3 females and 1 males are murdered by partners every day $5.8 billion in health costs of domestic violence per year 6 million children witness domestic violence annually RETAIL THEFT According to the 25th annual Retail Theft Survey by Jack L. Hayes International, in 2012 there were: 1,074,593 shoplifters apprehended and $189 million recovered /1,095 dishonest employees were apprehended and $50 million recovered 1 in every 40 employees was apprehended for theft in 2012 On average, an employee steals 5.5 the amount stolen by individual shoplifters. Most common stolen items: Most uncommon stolen items: Groceries High-end vacuums Medicine Pregnancy tests Baby formula Designer clothes KitchenAid mixers Weight loss pills Cell phones Lotions and creams Digital cameras Electric toothbrushes Laptops Razors And You'll Do the Time 1 in 100 Americans is in prison 6.5% Females 93.5% are males 6.5% females 1 in every 106 white males (18 or older) is on probation or incarcerated. 1 in every 36 hispanic males (18 or older) is on probation or incarcerated. 1 in every 15 black males (18 or older) is on probation or incarcerated. 700% is the increase in incarceration experienced by 93.5% the U.S. over the last 30 years Males 200 new jail cells are built each day in the U.S. 544 billion spent on incarceration and relative costs per year PENALTIES Capital felony execution or life in prison Class A felony (murder) 25 to 60 years, up to $20,000 Class B felony 1 to 20 years, up to $20,000 Class C felony 1 to 10 years, up to $15,000 Class D felony 1 to 5 years, up to $10,000 Class A misdemeanor up to 1 year Class B misdemeanor up to 6 months Class C misdemeanor up to 3 months INJUSTICE IN THE NAME OF JUSTICE The law isn't always right. Here are four of the most notorious criminals proven innocent after conviction: Cameron Todd Willingham. Found guilty and executed for the arson and murder of his three daughters in 2004. Conviction unsustainable in 2009. George Kelly. Convicted of shooting and killing 44-year-old Leonard Thomas during a robbery at the Cameo Cinema in Liverpool. After questioning 65,000 people during the longest murder investigation in English history, the police convicted and executed Kelly. In 2003, the Court quashed the conviction. Thomas & Meeks Griffin. Executed in 1915 for the murder of John Q Lewis, a 73-year-old Confederate veteran from Blackstock, South Carolina. 90 years later, in 2009, the brothers' great-nephew Tom Joyner petitioned the state for a pardon and cleared their names. Charles Hudspeth. Arrested and charged with the murder of George Watkins, he was executed in 1892 at Harrison, Arkansas. The victim was found one year later living in Kansas – a clear case of wrongful execution the U.S. legal system failed to correctly address. DEFENDING YOURSELF AGAINST CRIMINAL CHARGES I DIDN'T DO IT! V Presumption of Innocence. If the prosecutor is unable to convince the jury that the defendant is guilty, the defendant goes free. Reasonable Doubt. The burden of proof falls on the prosecutor, who must convince the judge and jury of a defendant's guilt "beyond reasonable doubt". V The Alibi. The defendant presents evidence that he wasn't at the crime scene when the crime was committed. I DID IT, BUT... V Self-defense. The defendant has to demonstrate that self-defense was necessary and the response was proportional to the danger. V The Insanity Defense. The defendant will not be legally punished if he can prove he/she is not capable of controlling his/her behavior and understand what he/she has done is wrong. V Under the Influence. The defendant argues that their mental functioning was impaired by the use of alcohol or drugs and so he/she cannot be held accountable for the crime committed. Entrapment. The defendant has to prove he/she was induced to commit the crime by the government and then convicted for it. Being charged with a criminal offense is not a time to capitulate. Although it has serious consequences that can impact your life forever, giving up is not an option. Getting the help of a seasoned criminal defense lawyer to guarantee the protection of your rights in the court of law and a vigorous defense is the only chance you have at recovering your freedom and getting your old life back. Sources: www.popcrunch.com/10-notorious-criminals-proven-innocent-after-execution/ criminal.findlaw.com/criminal-law-basics/defending-yourself-against-a-criminal-charge.html www.abacollateralconsequences.org/ www.nadcp.org/learn/drug-courts-work/drugs-and-crime-america www.theatlantic.com/national/archive/2011/05/the-10-most-dangerous-cities-in-america/239513/#slide10 www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012 www.aclu.org www.buzzfeed.com/keenan/22-of-the-most-shoplifted-items-in-america www.statisticbrain.com/domestic-violence-abuse-stats/ www.unodc.org/unodc/en/frontpage/2012/June/2012-world-drug-report-launched-as-general-assembly-debates-the-impact-of- drugs-and-crime-on-development.html www.cslib.org/finespenalt.htm LAW OFFICES OF Brought to you by: www.chicagocriminallawyer.com ANDREW M. WEISBERG