criminal law chapter 6. criminal law and public wrongs different crimes for different times prison...
TRANSCRIPT
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.