Criminal Law

Chapter 6

Criminal Law and Public Wrongs

• Different crimes for different times

• Prison System– Punishment/crime school– Juveniles in prison

• What about the disproportionate number of African American Males?

• What about chrome spinners?

Crimes

• A crime is a wrong against society that is defined by statute and defined by statute

• Book says two elements must be present– Act– State of mind

• Is this true?

• What requirements have to be met for a criminal law to be constitutional.– U.S. v. Lanier– Have to define what constitutes a crime– Cannot allow arbitrary enforcement

• Corpus Delicti– Evidence that harm has resulted and was probably the result of

a criminal act.

Criminal Intent

• Crimes generally require actus reus and mens rea. – Infraction is a lesser offense - no mens rea– Criminal negligence – no mens rea

• Actus rea is the physical act• Mens rea is the mental state of mind• General Intent and Specific Intent

– What's the difference?

• What about motive?

Culpability Terms

• Purpose: You wanted the outcome to happen

• Knowledge: You knew the outcome was practically certain to happen.

• Reckless: You consciously disregard the risk of a certain outcome

• Negligence: You disregarded a risk that the average person would have perceived.

Conspiracy and Attempt

• Conspiracy– An agreement between at least two people to

perpetrate a crime.– Need an overt act– X calls D and Y and asks them to rob the local

liquor store.

• Attempt– A failed attempt at a crime.– P shoots X but X lives.

Actors in a crime

• Principal and accessory• Principal – one who participates in a crime or

convinces another to commit the crime– The Accused with Jodi Foster

• Accessory – one who is not part of the criminal act but participates before or after the act.– Before the act– After the fact– Aider or abettor– Charles Manson

Felonies

• Felony – punishable by imprisonment of one year or longer (or death)– Capital crimes– Noncapital crimes

• Misdemeanor– One year or less

• Petty offenses– Possession of alcohol

Murder

• First Degree Murder• Second Degree Murder

– For first degree, the accused must have premeditated and deliberated

• Manslaughter – heat of passion– Involuntary/ Voluntary– vehicular

• Vicarious Murder/ Transferred Intent• Felony Murder Rule• Without malice you have manslaughter• What’s transferred intent?

Various Crimes

• Rape– What’s statutory rape?

• What intent is needed?

• Extortion– Obtaining money by using force/fear.

• Kidnapping• Robbery taking another’s property by use of force or fear• Burglary – entering of another’s dwelling with the intent

to commit a felony– At common law it had to be at night

• Theft – a catchall phrase for taking someone’s property and intending to deprive them of it. Larceny – no force

• embezzlement

More Crimes

• Assault – the unlawful attempt, with the present ability, to commit a violent injury on another

• Battery – if injury results from assault you have battery

• Hate Crimes– Matthew Shepherd

• Terrorism – pg 248

Even More Crimes

• Receiving Stolen Property– Buyer has to know what?

• Stalking– Involves following, harassing, watching and

threatening. Does the victim have to know about it?

• Health Crimes– Drugs

• Morals/Health Crimes– Sodomy– Obscenity Laws

White Collar Crimes

• Can a corporation be punished under criminal laws.– Tax Evasion– RICCO– Insider Trading– Embezzlement

• New Areas of Criminal Law– Animal abuse

Defenses

• Self Defense– Can I shoot X if he tries to punch me?– What if tries to punch my wife? – What if I can escape?

• What if its my home?

• Duress– Need to show that the accused was prompted

by an immediate threat of violence to him or his immediate family. Is the a justification?

Insanity Defense

• McNaghten Test– Accused was suffering from a mental disease and

was unable to know right from wrong.• What does know mean?

• Model Penal Code– Mental disease and unable to either

• Conform his acts to the law• Did not know that his actions were wrong in any sense

• What should the prison sentence be?– Mental Ward?– Prison???

Entrapment/ Statute of Limitations

• Two main tests used by the states– 1) Was the police involvement so intense that

the reasonable person would have been coerced into committing the activity?

– 2) Was the defendant likely to commit the crime even if the police had not been involved?

• Statute of Limitations– Does every crime have one?– When does it start?

Search and Seizure

• Exclusionary rule– Throws out any evidence brought into court that was

illegal obtained• No warrant and no Miranda rights

• Don’t need a warrant if– Consent of defendant– Incident to lawful arrest– Motor vehicle search based upon probable cause

• No spinner laws– Sobriety check points? Are they constitutional?– Hot Pursuit– Emergency– Abandoned Property– Private Citizen Searches

From the Street to Stripes• Indictment or information• Arrest

– Don’t need an indictment or information if the defendant is caught in the act or the police have probable cause

– Citizen’s arrest

• “Book ‘em Danno”

• Bail– Can be denied if defendant will probably flee– Or the evidence is overwhelming

• Arraignment– Plea of guilty, not guilty, or “nolo contendere”

• Plea Bargaining/ Preliminary Hearing

Rights of the Accused

• State Constitutions – More or less protection?• Miranda Rights

– Found in the Constitution?– Rights of the defendant to be informed

• They may remain silent• That whatever they say may be used against them in court• They have a right to a lawyer• If you cannot afford a lawyer, one will be provided.

• Cops can detain you for a reasonable amount of time without arrest• Innocent until proven guilty? Pierre Pierce?• Privilege against self incrimination

– Does it cover your woman/man?

• Right to know the evidence against you.• No ex post facto laws and no double jeopardy.

– What about being convicted in several states for the same crime?

Hot Topics

• Terrorism– Military tribunals for non citizens– John Walker – Should he get Due Process

Rights

• Immigration

• Recidivism– Three strikes your out– Les Miserables

Cruel and Unusual Punishment

• What is cruel and unusual punishment?– More than having to come to my class– Four factors that make punishment cruel and unusual

• Sentence is totally disproportionate to the crime• Prisoner may be subject to totally cruel abuse• Method of punishment may be unacceptable to society• Punishment if arbitrarily afflicted

– Writ of Habeas Corpus – an appeal for release by a prisoner

• A bunch of smoke? Pg. 289.

– Capital Punishment• Have to be smart enough to sit in the chair.

First Extra Credit Project Opportunity

• How do you get something off your record?

• What good is a deferred judgment?

• Two pages and need citations for material used.

• More projects to come.