Law and SocietyLaw and Society

CJUS/POLS 102CJUS/POLS 102

Chapter 7: Criminal LawChapter 7: Criminal Law

Criminal LawCriminal Law1.1. InvolvesInvolves::

- prosecution by government- prosecution by government- of person- of person- for act classified as a crime- for act classified as a crime

a. a. CrimeCrime - any “- any “act or omissionact or omission”” - in violation of a public law- in violation of a public law - forbidding or commanding it- forbidding or commanding it

(1) (1) Federal / state / local governmentFederal / state / local government

Criminal LawCriminal Law- varies from state to state- varies from state to state- Model Penal Code- Model Penal Code

(2) (2) Felony / gross misdemeanor / Felony / gross misdemeanor / misdemeanormisdemeanor

(a) Felony(a) Felony- crime against the state- crime against the state- imprisonment: 1 year / 1 day- imprisonment: 1 year / 1 day

(b) Misdemeanor(b) Misdemeanor- crime against person - crime against person

LawLaw- up to 90 days- up to 90 days

(c) Gross misdemeanor(c) Gross misdemeanor- more serious- more serious- against person / state- against person / state- up to 1 year- up to 1 year

(3) (3) Consists of two elementsConsists of two elements

(a) Actus reus(a) Actus reus- act committed- act committed

LawLaw- in violation of the law- in violation of the law

(b) Mens rea(b) Mens rea- “- “intentintent” that a person has” that a person has- to commit a crime- to commit a crime

(c) Act and intent(c) Act and intent- necessary to charge- necessary to charge

b. b. Prosecution must prove “Prosecution must prove “causationcausation””- direct or proximate- direct or proximate

LawLaw- cause of death / injury / etc- cause of death / injury / etc

(1) (1) Direct causationDirect causation

- act was intentional / direct- act was intentional / direct

- act caused the injury- act caused the injury

(2) (2) Proximate causationProximate causation

- act not direct- act not direct

- resulted in death / injury- resulted in death / injury

LawLawc. c. Purpose of criminal lawPurpose of criminal law

- protect public- protect public

(1) (1) How accomplishedHow accomplished::- inflicting punishment- inflicting punishment- threat of punishment- threat of punishment

(2) (2) Law forbids certain actions that may Law forbids certain actions that may causecause

harmharm

2.2. Theories of criminal law / punishmentTheories of criminal law / punishment

LawLaw- to justify or explain goals- to justify or explain goals

a. a. RetributionRetribution- society can vent anger- society can vent anger- exact vengeance- exact vengeance

b. b. DeterrenceDeterrence- to dissuade offender / others - to dissuade offender / others

(1) (1) Special deterrenceSpecial deterrence- specific offender- specific offender

LawLaw(2) (2) General deterrenceGeneral deterrence

- threat to others- threat to others

c. c. RestraintRestraint- confined / executed / incapacitated- confined / executed / incapacitated- no further opportunity- no further opportunity

d. d. RehabilitationRehabilitation- education / treatment- education / treatment- become productive member- become productive member- return to society- return to society

LawLawe. e. RestorationRestoration

- victim-oriented approach- victim-oriented approach- victim compensation (restitution)- victim compensation (restitution)- constructive roles for victims- constructive roles for victims

3.3. Elements of a crimeElements of a crime- corpus delicti (- corpus delicti (body of the crimebody of the crime))

a. a. Certain elements must existCertain elements must exist

(1) (1) Wrongful actWrongful act (actus reus) (actus reus)

LawLaw- violation of a written law- violation of a written law- act / omission- act / omission

(2) (2) Mental fault (mens rea)Mental fault (mens rea)- intent to act in harmful way- intent to act in harmful way

(a) Specific intent(a) Specific intent- did what you wanted to do- did what you wanted to do

(b) General intent(b) General intent- intended to harm- intended to harm

LawLaw4.4. Parties to a crimeParties to a crime

- participants - participants - whether present or not- whether present or not- held ‘- held ‘culpableculpable’ ’

a. a. PrincipalsPrincipals -those involved in crime-those involved in crime

(1) (1) First degreeFirst degree- requisite intent / engages in criminal - requisite intent / engages in criminal

actact- causes the harm - causes the harm

LawLaw(2) (2) Second degreeSecond degree

- aids / counsels / enables / commands- aids / counsels / enables / commands- present at time of crime- present at time of crime

(3) (3) Constructively presentConstructively present- driver of get-away car- driver of get-away car- principal 2- principal 2ndnd degree degree

b. b. AccessoriesAccessories- aids / abets a crime: before the fact- aids / abets a crime: before the fact- aids / receives / comforts: after the fact- aids / receives / comforts: after the fact

LawLaw5.5. Presentation of evidencePresentation of evidence

- “- “foundationfoundation” must be presented” must be presented

a. a. Types of evidence allowedTypes of evidence allowed

(1) (1) Direct evidenceDirect evidence- eyewitness accounts- eyewitness accounts- fingerprints / DNA- fingerprints / DNA

(2) (2) Circumstantial evidenceCircumstantial evidence- shoe prints / tire tracks / wallet- shoe prints / tire tracks / wallet

LawLaw- glass breaking / person running- glass breaking / person running

6. 6. Attempt / Solicitation / ConspiracyAttempt / Solicitation / Conspiracy

- inchoate crimes (“- inchoate crimes (“incompleteincomplete” crimes)” crimes)

a. a. Separate offenseSeparate offense

- to attempt / to conspire / to solicit another- to attempt / to conspire / to solicit another

- lesser penalties- lesser penalties

- - comprised of elementscomprised of elements

- certain actions that must take place- certain actions that must take place

LawLaw(1) (1) Attempt (Attempt (RCW 9A.28.020)RCW 9A.28.020)

(a) Intent or purpose to commit(a) Intent or purpose to commit

(b) Some overt act or acts(b) Some overt act or acts

(c) A failure to consummate crime(c) A failure to consummate crime

(2) (2) Intent is inherentIntent is inherent- essence of the crime- essence of the crime- attempt without intent cannot be- attempt without intent cannot be

LawLaw(3) (3) Does not require completionDoes not require completion

- but more than ‘mere preparation’- but more than ‘mere preparation’

(a) Requires action / steps(a) Requires action / steps- towards completion- towards completion

(b) Washington law(b) Washington law- “- “substantial stepsubstantial step””

(4) (4) Probable desistance approachProbable desistance approach- stop prior to taking steps outlined- stop prior to taking steps outlined

LawLawb. b. SolicitationSolicitation

- RCW 9A.28.030- RCW 9A.28.030

(1) (1) Command / urging / requestCommand / urging / request- to another person- to another person- to commit a crime- to commit a crime- for something of value- for something of value

(2) (2) Words constitute the actWords constitute the act- more than simple statements- more than simple statements- favoring / approving crime- favoring / approving crime

LawLaw (3) Solicitation intent(3) Solicitation intent

- requires purpose / specific intent- requires purpose / specific intent

c. c. ConspiracyConspiracy

- RCW 9A.28.040)- RCW 9A.28.040)

(1) (1) Cooperation between two or moreCooperation between two or more

- for the purpose of doing- for the purpose of doing

- an unlawful act- an unlawful act

- lawful act by unlawful means- lawful act by unlawful means

LawLaw(a) Requires an agreement(a) Requires an agreement

- not a written contract- not a written contract

(b) Most states:(b) Most states:- agreement alone- agreement alone- constitutes the crime- constitutes the crime

(c) Some states:(c) Some states:- “- “action beyond the agreementaction beyond the agreement””

(d) Washington law(d) Washington law

LawLaw- “- “substantial stepsubstantial step””- taken by one of conspirators- taken by one of conspirators

(e) Mental intent(e) Mental intent- difficult to prove- difficult to prove

7.7. Doctrine of ComplicityDoctrine of Complicity- to aid and abet- to aid and abet

a. a. Parties to a crimeParties to a crime - conditions where more than one person- conditions where more than one person

LawLaw- incurs liability before / during / after crime- incurs liability before / during / after crime

(1) (1) Requires criminal conductRequires criminal conduct- once you agree to join / commit an act- once you agree to join / commit an act- incur liability for another’s actions- incur liability for another’s actions

(2) (2) Those who join with othersThose who join with others- accept responsibility- accept responsibility

(3) (3) ImmaterialImmaterial (no defense) (no defense)- own conduct / someone else / both- own conduct / someone else / both

LawLawb. b. Two primary forms of complicityTwo primary forms of complicity

- accomplice / accessory- accomplice / accessory

(1) (1) AccompliceAccomplice - before / during crime- before / during crime- principles- principles

(2) (2) AccessoryAccessory- after the fact- after the fact- complicity following the crime- complicity following the crime- know they committed crime / gave aid- know they committed crime / gave aid

LawLawc. c. Principles of liabilityPrinciples of liability

- must be culpable / have culpability- must be culpable / have culpability

(1) (1) Courts believeCourts believe::- must be a reason- must be a reason- for someone to commit crime- for someone to commit crime- Washington law (RCW 9A.08.010)- Washington law (RCW 9A.08.010)

(a) Intent(a) Intent

(b) Knowledge(b) Knowledge

LawLaw(c) Recklessness(c) Recklessness

(d) Criminal negligence(d) Criminal negligence

d. d. Liability for conduct of anotherLiability for conduct of another- RCW 9A.08.020- RCW 9A.08.020

(1) (1) Guilty of an offenseGuilty of an offense- committed by own conduct- committed by own conduct- conduct of another / legally accountable- conduct of another / legally accountable- or both- or both

LawLaw(2) (2) Legally accountable whenLegally accountable when::

- causes innocent / irresponsible person- causes innocent / irresponsible person to engage in such conductto engage in such conduct- made accountable by the law- made accountable by the law- accomplice of such person- accomplice of such person

(3) (3) Accomplice of another whenAccomplice of another when::- solicits other person to commit- solicits other person to commit- aid / agrees / attempts to aid- aid / agrees / attempts to aid- conduct expressly declared by law- conduct expressly declared by law to establish complicityto establish complicity

LawLawe. e. Participants not liable for their actsParticipants not liable for their acts

- victim of that offense- victim of that offense- inevitable incident to commission- inevitable incident to commission- terminates complicity prior to- terminates complicity prior to- gives timely warning- gives timely warning

(1) (1) Laws of complicityLaws of complicity- requires:- requires:

(a) Act ((a) Act (actus reusactus reus))- crime completed / in preparation- crime completed / in preparation

LawLaw(b) Intent ((b) Intent (mens reamens rea))

- of at least one party- of at least one party

(c) Crime actually committed(c) Crime actually committed

(2) (2) Parties before / duringParties before / during- “aid / abet”- “aid / abet”- most commonly used terms- most commonly used terms

(a) Other terms: “counsel / procure / (a) Other terms: “counsel / procure / hire / hire / command / induce / advise / command / induce / advise / willfully willfully cause” cause”

LawLawf. f. Mere presenceMere presence

- insufficient to establish guilt- insufficient to establish guilt

(1) (1) Most common actsMost common acts::- providing guns / supplies- providing guns / supplies- other instruments of the crime- other instruments of the crime- lookout / driver - lookout / driver - preventing warnings- preventing warnings

(2) (2) Requires intent of purposeRequires intent of purpose- to aid / abet- to aid / abet

LawLaw(3) (3) Complicity following a crimeComplicity following a crime

- other person commits- other person commits- accessory knew- accessory knew- actually aided to hinder prosecution- actually aided to hinder prosecution

8.8. Search and SeizureSearch and Seizure- when are police allowed- when are police allowed- motor vehicle: probable cause- motor vehicle: probable cause- stop and frisk: reasonable suspicion- stop and frisk: reasonable suspicion

a. a. Hot pursuitHot pursuit

LawLaw(1) (1) Fleeing suspectFleeing suspect

- pursued into private buildings- pursued into private buildings

(2) (2) Without search / arrest warrantWithout search / arrest warrant

b. b. Emergency conditionsEmergency conditions

(1) (1) Evidence of serious crimeEvidence of serious crime- occurring in building- occurring in building

(2) (2) Destruction of evidenceDestruction of evidence

LawLawc. c. Open fieldsOpen fields

(1) (1) Search for contrabandSearch for contraband- no expectation of privacy therein- no expectation of privacy therein

(2) (2) Climb a wire fenceClimb a wire fence- look over a wooden fence- look over a wooden fence

d. d. Abandoned propertyAbandoned property

(1) (1) Automobile / dwelling / personnel propertyAutomobile / dwelling / personnel property

LawLaw(2) (2) Garbage can placed at curbGarbage can placed at curb

- next to house is illegal- next to house is illegal

e. e. Border patrol / Customs / ImmigrationBorder patrol / Customs / Immigration- exempt from probable cause- exempt from probable cause

(1) “(1) “Mere suspicionMere suspicion””- can detain and search- can detain and search

(2) (2) Body searchesBody searches- “real” or “reasonable suspicion”- “real” or “reasonable suspicion”

LawLaw(3) (3) Body cavity searchBody cavity search

- “clear indication”- “clear indication”

f. f. MailMail

(1) (1) To and from prisonsTo and from prisons- search all mail- search all mail- cannot read- cannot read

g. g. Private citizensPrivate citizens- 4- 4thth Amendment Amendment

LawLaw(1) (1) Restraint on governmentRestraint on government

- not individuals- not individuals

(2) (2) Admissible as evidenceAdmissible as evidence- even if illegal- even if illegal

h. h. Administrative inspectionAdministrative inspection

(1) (1) Regulated businessesRegulated businesses- warrantless inspections- warrantless inspections- restaurants / slaughter house / canneries - restaurants / slaughter house / canneries

LawLawi. i. BanksBanks

(1) (1) Bank Secrecy ActBank Secrecy Act- supply information without warrant- supply information without warrant

j. j. Probation / paroleProbation / parole

(1) (1) Condition ofCondition of- waive right to search / seizure- waive right to search / seizure

9.9. Types of crimesTypes of crimes

LawLawa. a. Against personAgainst person

- murder / rape / robbery / assault- murder / rape / robbery / assault- various degrees / classes- various degrees / classes

b. b. Against propertyAgainst property- burglary / larceny / motor vehicle theft / - burglary / larceny / motor vehicle theft /

arsonarson- various degrees / classes- various degrees / classes

(1) (1) EmbezzlementEmbezzlement- lawful possession of another’s money- lawful possession of another’s money or propertyor property

LawLaw- fraudulently convert money / property- fraudulently convert money / property

(a) Property already in embezzler’s (a) Property already in embezzler’s handshands

(b) Must intend to defraud rightful owner(b) Must intend to defraud rightful owner

(2) (2) Theft by false pretensesTheft by false pretenses- obtains title to property of another- obtains title to property of another- knowingly makes false representations- knowingly makes false representations- with intent to defraud- with intent to defraud

- must gain title / not just possession- must gain title / not just possession

LawLaw(3) (3) ExtortionExtortion

- not threats of immediate violence- not threats of immediate violence- threats of future harm- threats of future harm- accuse of crime / reveal devastating - accuse of crime / reveal devastating

secretsecret

(4) (4) Receiving stolen propertyReceiving stolen property- buying / receiving- buying / receiving- know to have been stolen- know to have been stolen

(a) Must be certain property is stolen(a) Must be certain property is stolen- time / place of delivery- time / place of delivery

LawLaw(4) (4) ForgeryForgery

- making a false writing- making a false writing- materially alter a genuine writing- materially alter a genuine writing

(a) Must have:(a) Must have:- legal significance- legal significance- relied upon in business transactions- relied upon in business transactions

(b) Writing includes:(b) Writing includes:- handwriting / printing / typewriting - handwriting / printing / typewriting / engraving/ engraving

LawLaw(c) To be guilty of forgery:(c) To be guilty of forgery:

- must intend to defraud someone- must intend to defraud someone

- victim need not lose to be a crime- victim need not lose to be a crime

(d) Examples:(d) Examples:

- check / promissory note / stock- check / promissory note / stock

certificate / bond / deed / mortgage / certificate / bond / deed / mortgage / will / contract / invoices / letter of will / contract / invoices / letter of

recommendationrecommendation

(e) Forger’s act consists of: (e) Forger’s act consists of:

LawLaw- signing name (real / fictitious)- signing name (real / fictitious)

- filling in a blank- filling in a blank

- altering what is already written- altering what is already written

(4) (4) Uttering a forged documentUttering a forged document

- offering a forged document- offering a forged document

- as true and genuine- as true and genuine

- knowing it to be a forgery- knowing it to be a forgery

- with intent to defraud- with intent to defraud

LawLawc. c. Crimes against sexual moralityCrimes against sexual morality

(1) (1) FornicationFornication- unmarried- unmarried- sexual intercourse- sexual intercourse- who cohabitate- who cohabitate

(2) (2) AdulteryAdultery- married person- married person- cohabits with another- cohabits with another- has sexual intercourse- has sexual intercourse

LawLaw- not his / her spouse- not his / her spouse- rarely enforced where laws still exist- rarely enforced where laws still exist

(3) (3) SodomySodomy- variety of sexual acts- variety of sexual acts- human partners (same / opposite sex)- human partners (same / opposite sex)- human and animal (bestiality)- human and animal (bestiality)- sexual contact with a corpse - sexual contact with a corpse

(necrophilia) (necrophilia)

(4) (4) IncestIncest- cohabitation / sexual intercourse - cohabitation / sexual intercourse

LawLaw- closely related persons- closely related persons- parent and child / siblings- parent and child / siblings- related by birth rather than marriage- related by birth rather than marriage

(5) (5) BigamyBigamy- marriage before prior marriage - marriage before prior marriage

terminatedterminated- divorce / annulment / death of spouse- divorce / annulment / death of spouse

(6) (6) ProstitutionProstitution- provide sex to another for a reward- provide sex to another for a reward- male / female- male / female

LawLaw10.10. Crimes against the governmentCrimes against the government

- authority to protect itself- authority to protect itself- against injury / destruction - against injury / destruction - protect from corruption- protect from corruption

a. a. TreasonTreason - attempting by overt acts- attempting by overt acts - to overthrow / levy war- to overthrow / levy war - against the government- against the government

(1) (1) Devote oneself to the enemies of Devote oneself to the enemies of governmentgovernment

LawLaw(2) (2) Give aid and comfort to the enemyGive aid and comfort to the enemy

- with intent to betray the government- with intent to betray the government

b. b. PerjuryPerjury- willfully giving a false statement- willfully giving a false statement- while under oath- while under oath- concerning a material matter- concerning a material matter- in a judicial proceeding / congressional - in a judicial proceeding / congressional

hearinghearing / before a notary public/ before a notary public

(1) (1) Subordination of perjurySubordination of perjury

LawLaw- causing or encouraging- causing or encouraging- another to commit perjury- another to commit perjury

c. c. BriberyBribery- giving or promising to give- giving or promising to give- a public official- a public official- something of value- something of value

(1) (1) With the corrupt intent of influencingWith the corrupt intent of influencing

(2) (2) In the discharge of official dutiesIn the discharge of official duties

LawLaw(3) (3) IncludesIncludes::

- legislative / executive / judicial - legislative / executive / judicial branchesbranches

- federal / state / local levels of - federal / state / local levels of governmentgovernment

(4) (4) Also includes similar conductAlso includes similar conduct::- to non-government people- to non-government people- such as athletes to “- such as athletes to “throwthrow” a game” a game

11.11. Executive privilegeExecutive privilege- formal act of mercy- formal act of mercy- initiated by president / governor- initiated by president / governor

LawLawa. a. ReprieveReprieve

- delay in the execution of judgment- delay in the execution of judgment- death penalty cases- death penalty cases

b. b. CommutationCommutation- reduction in punishment- reduction in punishment- 10 years to 5 years- 10 years to 5 years

c. c. PardonPardon- release from punishment- release from punishment- restoration of all rights / privileges- restoration of all rights / privileges