Chapter 4

Criminal Law in the U.S.

Criminal law in the U. S. is codified, or written down, and accessible to all.

Criminal law is contained in several sources:---U. S. and state constitutions---Statute (laws) passed by Congress and state legislatures; ordinances

---Regulations created by governmental agencies

---Case law (court decisions)

Actus reus

The guilty act The actual physical act The voluntary commission of a

crime took place Someone had to do something Thinking about something wrong is

not a physical act Must be a prohibited act

Mens rea

The guilty mind: Elements of purpose, knowledge, negligence, recklessness Purposefully committed a criminal act Knows of the illegality of the act Criminal negligence is the deviation of

what a reasonable person would have done

Criminal reckless is “consciously disregarding a substantial and unjustifiable risk

Mens Rea Example

For theft, the required mental state is knowing that the property belongs to another and the desire to deprive the owner of it(The two most used words in most of the state Codes are knowingly and willingly, followed by intentionally.)

Criminal Liability

The criminal act (actus reus) and guilty mind (mens rea) must be concurrent (occur at the same time).

The criminal act must have caused the harm suffered.

Proximate cause---”but for” the actions of the defendant, the harm would not have occurred.

Liability differences lead to different penalties

Causation

Criminal law requires that the criminal act cause the harm suffered

Historically, the courts have held that a victim’s death must occur within one year and a day before the act to be considered a criminal act Michigan Supreme Court allowed a

murder charge to be filed when the victim died four years later

Strict Liability

For certain crimes criminal law holds the defendant to be guilty even if intent to commit the offense is lacking.

Example - Traffic violations - I need not know what the speed limit was; or

---that I was not paying any attention and have no idea how fast I was going; or,

---that my speedometer was off.

Accomplice Liability

Under certain circumstances I can be found guilty of a crime even though I did not actually commit the crime.

If I aid and abet in the crime but did not pull the trigger I can still be charged with murder.

“Dual intent” is required--- ---To aid person convicted of crime

---Knew such aid likely to lead to crime

Attendant Circumstances

Adds to the degree of the crime - If an offender commits sexual abuse and had used a firearm to get my victim to submit

The use of a weapon in an assault The amount of money stolen Present tendencies are to impose harsher

mentalities if the offense is motivated by race, ethnicity, religion, gender, sexual orientation (hate crimes)

Inchoate Offenses

Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.

Solicitation to commit a crime Attempts The conspiracy to commit a crime

Sale of drugs Other crimes

Types of Defenses

A defense consists of evidence and arguments offered by the defendant to show why he/she should not be held liable for a criminal charge

Our system generally recognizes four broad categories of defense Alibi Justifications Excuses Procedural defenses

Types of Defenses

Alibi – different from the other defenses as it is based on the premise that the defendant is truly innocent An alibi is supported by witnesses and

documentation – hotel receipts, eyewitness identification

Types of Defense

Justification – claim of moral high ground; a choice between the “lesser of two evils” Example: a firefighter who sets a

“control” fire to create a firebreak to save the town; The setting of the fire is arson, but the intent was to save the town.

Self-defense; defense of others; defense of home and property, necessity, consent, and resisting unlawful arrest

Justifiable Use of ForceSelf Defense You must use only the force necessary to

protect yourself, your dwelling, your property, or to prevent a crime.

Deadly force can only be used to protect you from imminent death or bodily harm.

You must not have provoked the attack, and there must be no alternative.

You must have a reasonable belief that death or bodily harm will otherwise occur.

Types of Defenses

Excuses – the person who engaged in the unlawful behavior was, at the time, not legally responsible for his/her actions

Recognized excuses include: Duress - Involuntary

Intoxication Age - Unconsciousness Mistake - Provocation Insanity -Diminished capacity Mental incompetence Necessity

Duress

The wrongful threat of one person induces another person to perform an act that she or he would otherwise not perform. Girlfriend helps boyfriend commit a

robbery as he threatens to kill her kids The threat must be immediate and

inescapable

Duress

The threat must be of serious bodily harm or death

The defendant must have become involved in the situation through no fault of his or her own

Age (infancy) as a Defense Under a certain statutory definition

you do not meet the maturity level to make the decisions necessary to commit a crime.

Mistake

Ignorance of the law is not a valid excuse

Mistake of fact – getting into a car that looks just like yours and putting the key in the ignition and it works and you drive away is not a crime.

Insanity Defenses

Temporary Insanity – Insane only at the time of the criminal act

Diminished Capacity – Used not to be declared not guilty, but a lesser sentence; from Murder 1st degree to Murder 2nd

Mental Incompetence – Incapable of understanding the charges against them, consulting with attorney, or in aiding in their own defense

Intoxication

Involuntary intoxication is when a person is physically forced to ingest a substance.

Involuntary can also be a reaction to a legal prescription drug which caused psychotic episodes as a side effect.

Voluntary intoxication is becoming intoxicated on your own. (Claim that there is no mens rea)

12 states have eliminated it as a defense.

Procedural Defenses

Procedural Defenses – claim the defendant in some manner was discriminated against in the justice process, or some important aspect of official procedure was not properly followed entrapment Double jeopardy police fraud selective prosecution denial of speedy trial Prosecutorial misconduct

Entrapment

When police deceives defendant into wrongdoing

Defendant would not otherwise have committed crime

Police cannot “plant the idea” in defendant

Defense used in some undercover drug cases

Fourth Amendment

Protects from unreasonable searches and seizures

No warrants for a search or arrest can be issued without probable cause

Probable cause is reasonable grounds to believe the existence of facts warranting certain actions, such as a search or arrest.

Fifth Amendment

No one may be deprived of “life, liberty or property” without due process of law.

No double jeopardy No person can be forced to be a

witness against himself (“taking the fifth”)

Sixth Amendment

Guarantees a speedy trial, trial by jury, a public trial

Right to confront witnesses, right to a lawyer

Eighth Amendment

Protects against excessive bail and fines

Protects against cruel and unusual punishment (Does not include the death penalty)

Due Process of Law — 14th Amendment Government cannot act arbitrarily or

unfairly Must stay within the boundaries of

reason and the law Procedural due process—law must be

carried out fairly and orderly Substantive due process—laws

themselves must be reasonable Supreme court has big role in

interpreting these requirements