Criminal Cases
A crime is any act or omission of an act in violation of a public law forbidding or commanding it. Criminal laws vary significantly
from state to state.
Crimes include both felonies (more serious offenses like murder or rape) and misdemeanors (less serious offenses like petty
theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes
punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute
or common law.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception
of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors
have to prove each and every element of the crime to yield a conviction. Also, the prosecutor must persuade the jury or judge
"beyond a reasonable doubt" of every fact necessary to constitute the crime charged.
Note: In the Odyssey, most juvenile criminal cases and traffic cases are considered to be a part of criminal cases.Traffic Cases
Traffic cases are brought by the state against an individual or business alleging a violation of a statute or a city ordinance.
At the time of the offense, a law enforcement officer issues a citation. Examples of traffic law violations are driving over
the speed limit, driving while under the influence of alcohol or drugs, and failure to stop for a stop sign.
Most misdemeanor cases require an appearance in court before a judge or judicial officer to enter a plea of guilty or not
guilty to the charges. The prosecuting attorney prosecutes the charge against the accused person (i.e., defendant) on behalf
of the government (i.e., plaintiff). A defendant who pleads not guilty to a misdemeanor charge has the right to a jury or
court trial. If a plea of guilty is entered or a defendant is convicted of a misdemeanor traffic or criminal violation, the
offense is punishable by confinement in a local jail and/or payment of a fine.
Fines for petty misdemeanor violations may be paid on or before the court date. For a petty misdemeanor case, an accused person
(i.e., defendant) may choose to appear in court before a judge or judicial officer to give an explanation about the violation
or plead not guilty to the charge. A court trial will be scheduled for a later date if a not guilty plea is entered. The city
or county attorney prosecutes the charge against the defendant on behalf of the government (i.e., plaintiff). Petty misdemeanor
violations are only punishable by payment of a fine upon conviction after a court trial or payment of the fine.
Juvenile Criminal Cases
A juvenile criminal case is a criminal case against someone under the age of 18. Juvenile criminal case processing falls into
four categories:
| • | Delinquency cases – include criminal charges at the felony, gross misdemeanor, misdemeanor and petty offender levels. These are criminal charges that would also be criminal charges if committed by an adult such as theft, burglary, or assault. |
| • | Status offense cases – include charges that would not be a crime if committed by an adult such as smoking, curfew and minor consumption. |
| • | Truancy and runaway charges – where the child has violated a child protection law. |
| • | Traffic charges – involve most traffic and parking violations. Traffic matters for juveniles 17 years and older can be filed and handled as adult traffic cases. |
The county has the burden of proving the juvenile guilty beyond a reasonable doubt. The juvenile defendant does not have to
prove his or her innocence. A juvenile defendant can be certified as an adult, in which case the juvenile defendant is sentenced
as an adult.