Criminal LawSutton High SchoolHistory & Social Sciences Department

The Law• Two Main Divisions• Civil Law: the law related to interactions between people.

Includes: Contracts, Real Estate, Family & Probate etc. Grievances between parties

• Criminal Law: Law related to the relationship between society and the acceptable norms and behaviors of the society and those who violate those “formalized” norms. Crimes against society.

The Criminal Law• Criminal law can be broken into two general types. • Substantive Law: The actual violations of societal norms. What is

a violation of the law? What are the elements of a crime? • Procedural Law: Provides the manner in which society

prosecutes, rights that are protected and the manner of adjudication and punishment.

Criminal Law The Rules of Society

MORES: Serious Infractions of the Rules of a societyFOLKWAYS: Less serious infractions of a society

Informal Rules

EtiquetteSocial Behavior• Don’t Pick Your Nose• Personal Space• Non-verbal Cues• Rule for certain situations

Formal Rules

Codified (written down) as lawsViolation is a CRIME• Felony• Misdemeanor• Violation or Infraction

Sources of Criminal Law• English Common Law: A system of traditional legal

precedents passed down from thousands of year of court decisions.

• Statutory Law: Those laws passed by legislatures. • Regulatory Law: Those rules and regulations that have force of

law established by bureaucracies. • Case Law: More recent court cases that change and evolve

existing law.

Substantive Criminal Law• Most of the substantive criminal law come through statutory

and regulatory sources. • This law establishes the socially sanctioned law of behavior in

a society. • Each statute or regulation establishes a set of “elements” for

the crime.

Elements of a Crime• Section 1. Murder committed

with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree. Murder which does not appear to be in the first degree is murder in the second degree. Petit treason shall be prosecuted and punished as murder. The degree of murder shall be found by the jury. (MGL c. 265 s. 1)

• Elements of Murder• Commission of unlawful killing• Of another person. • With malice aforethought; and• with deliberate premeditation,

or• Extreme atrocity or cruelty, or• Commission or attempted

commission of a crime punishable by life imprisonment.

• Unlawful killing • Of another• Without malice aforethought.

Model Penal Code• The model penal code is codification of all the statutory crimes

from across the country to try to unify the concepts of criminal law. It is not the actual code of any state.

• Three states have adopted the MPC almost in its entirety. ( New York, New Jersey and Oregon.)

• Criminal Codes vary by state. The complexity and organization are different from state to state.

• Massachusetts does not subscribe to the Model Penal Code. • Massachusetts has the fifth worst organized criminal code, in

large part that it is cluttered with laws that have never been repealed or removed from the law. (Blue laws)

Massachusetts General Laws• Criminal Code= Part IV (https://malegislature.gov/Laws/GeneralLaws/PartIV) • Organization of Massachusetts Criminal Code

• CHAPTERSectionsubsections

• CHAPTER 264 CRIMES AGAINST GOVERNMENT• CHAPTER 265 CRIMES AGAINST PERSONS• CHAPTER 266 CRIMES AGAINST PROPERTY• CHAPTER 267 FORGERY AND CRIMES AGAINST CURRENCY• CHAPTER 268 CRIMES AGAINST PUBLIC JUSTICE• CHAPTER 269 CRIMES AGAINGST PUBLIC PEACE• CHAPTER 270 CRIMES AGAINST PUBLIC HEALTH• CHAPTER 271 CRIMES AGAINST PUBLIC POLICY• CHAPTER 272 CRIMES AGAINST CHASTITY, MORALITY, DECENCY & GOOD ORDER

• CHAPTER 90 MOTOR VEHICLE LAWS• CHAPTER 90B RECREATIONAL VEHICLES (ATV’S AND BOATING)• CHAPTER 140 LICENSES /FIREARMS LAWS

Activity: GTK MGL

Criminal LawSeven Principles of Criminal Law

7 Principles of Criminal Law

In the law, a person in order to commit a crime must meet the elements of that crime. Any crime also adhere to these seven principles as well. Absence of one or more of these may be a defense against conviction of that crime. • Legality• Conduct (Actus Reus)• Harm• Causation• Criminal Intent (Mens Rea)• Concurrence• Punishment

1. LEGALITY• This principle requires that in order for a crime to be charged a

crime must first exist. Meaning a law must have been duly passed.

• Legislature typically pass laws. Often called statutes. (i.e MGL)• Bureaucracies can make regulations with force of law, when

authorized by legislatures through statutes. (i.e. CFR CMR)• Local cities and towns can pass ordinances or by-laws .

• The law, regulation, ordinance or by-law must specifically address the act or omission that is prohibited.

LEGALITY• Laws are broken down by their severity• FELONIES are serious infractions of the law, generally punishable

by lengthy prison terms in long-term facilities. Rarely, intermediate sentences of probation may be permitted but with more strict conditions

• MISDEMEANORS are less serious infractions that are more likely to receive intermediate punishment, such as probation and community service, but carry shorter incarceration terms and often in county facilities such as the House of Correction.

• VIOLATIONS are minor and often not considered crimes in the true sense. The do not carry prison time, instead there is generally a fine and possibly some probation supervision.

LEGALITY• EX POST FACTO LAWS: Laws which when passed then are

applied to behavior that took place before the law was passed.

• Ex Post Facto laws are prohibited by the U.S. Constitution in Article 1 section 9.

Jurisdiction : Having the authority of the court to adjudicate a matter within its competence and territory.

LEGALITY• Jurisdiction is the ability to handle a matter. • Jurisdiction of the Court• Territorial Jurisdiction- Courts have an geographic area for which

they are responsible. Superior Courts are by county, District courts cover areas based on population.

• Subject Matter Jurisdiction: Most Felonies and serious crimes are handled by the Superior Court. Misdemeanors, violations and some minor felonies are handled by the District courts.

• Personal Jurisdiction- Are the people over who the court may have jurisdiction. Superior and District Courts handle adults, while juvenile court handles those under 18.

LEGALITY

• Jurisdiction of the Police• State Police have statewide jurisdiction. 24 hours per day ( On

Duty or Off Duty)• Municipal Police generally have jurisdiction within the border of

the municipality. Compacts have expanded those powers. • Campus Police, MSPCA Police have special state police powers• Mass Transit Police have powers within communities that have

MBTA property and rail lines and those communities abutting those communities.

LEGALITY• Courts • Mass Transit Police

LEGALITY

What do you think?

Susan Spud , a detective with the Middleburg, NH, Police Department in in NYC to work with detectives’ bureau. While in New York , Susan sees a woman who is wanted for murder in New Hampshire. Susan asks her to lunch. Susan mentions that she is from New Hampshire but not that she is a police officer. The suspected murderer says she would like to see her family but has no way to get to New Hampshire. Susan tells the woman she is going there and that she will be glad to take her. They leave NYC and upon crossing into New Hampshire Susan stops the car, identifies herself as a police officer, and places her under arrest for the murder charge.

2. CONDUCT (Actus Reus)• Crime must be actual human action or a legally required

omission.

• Action vs. Thought• Overt Action• Planning

• Omission • Legally required to act • Failure to act

CONDUCT • OFFENDER ROLES• PRINCIPAL- The principal is the person who commits the crime• ACCOMPLICE- This is a person who assists in committing the

crime but who does not actually participate in the commission. • ACCESSORY- A person who has knowledge of a crime and helps,

aid or abets in a tangential way the commission of a crime.• Before the Fact (same as principal) • After the Fact

CONDUCT• Public Duty• Who has a public duty?

• Police• Fire• Medical• Lifeguard

• Do private citizens have a public duty?• What happens if a person with a public duty, fail to exercise that

duty? • Nonfeasance• Misfeasance• Malfeasnce

• What is a Good Samaritan?

CONDUCT • Good Samaritan Law

Section 13. No person who, in good faith, provides or obtains, or attempts to provide or obtain, assistance for a victim of a crime as defined in section one, shall be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining, or attempting to provide or obtain, such assistance unless such acts or omissions constitute willful, wanton or reckless conduct.~ 286C

3. HARM• Every criminal statute places a value on some aspect of live• Life • Safety• Property• Civil Rights

• An actual HARM must take place. Unless the actual HARM takes place then the specific crime cannot occur.

• If I tried to Kill someone, but they did not die, then I cannot be charged with murder.

• What is the time frame?

HARM• If no harm comes from the CONDUCT (action) then that crime

has not occurred.• That does not mean that the defendant did not commit a

“inchoate” offense. • Attempt to Commit a Crime• Conspiracy to Commit a Crime• Soliciting another to Commit a Crime• Accessoryship

HARM

SCENARIO

Juanita and her boyfriend John have been living together for 3 months. Juanita has a 2 year old toddler boy named Kenny. Kenny has an earache and will not stop crying. John is babysitting Kenny while Juanita is working.

Because the crying is driving John nuts he picks up Kenny and shakes the boy for several minutes in a violent manner. The boy stops crying but is now is unresponsive. He calls an ambulance and the boy is taken to the hospital where he placed on life support.

Faced with possible loss of her child and her boyfriend, and being all alone; John convinces her to leave Kenny on life support. Four months later, Kenny’s grandparents win a court case to remove the life support on Kenny and Kenny dies. Can John be charged with Kenny’s death? When?

4. CAUSATION• Causation means that the CONDUCT committed by the

defended must be the proximate cause of the resulting HARM.

IN OTHER WORDS… The defendant’s action must be the direct or primary

cause of the HARM being charged in the offense.

CAUSATION

The Case of Gary Wall

The Minneapolis newspaper the Sun Tribune has a curious headline: “Who Killed Garry Wall? Jury Clears Man Who Stabbed Him, Blames Doctor.” It appears that Daniel Guevara had stuck a kitchen knife into the stomach of his drunken roommate Gary Wall . Although Daniel was indicted on a second-degree murder charge, a Kaniyohi, Minnesota jury found him guilty only of the lesser chard of first degree assault. His defense attorney had argued that the doctor who treated Gary was to blame for his death. He had stitched up what appeared to be a superficial stab wound. Had he made a thorough examination, he would have found that the knife had penetrated Gary Wall’s liver. Gary died three days later from internal bleeding. So it was not Daniel who had caused Gary’s death, but the surgeon . And if Daniel had not caused Gary’s death, he could not be guilty of murder.

5.CRIMINAL INTENT (Mens Rea)• The principle of criminal intent may be the most important of

the seven principles.

• The latin term means literally “evil mind” • One must intend to commit the act or omission (CONDUCT)

that they are be charged with or by virtue of some Wanton, Reckless or grossly negligent

• INTENT does not always mean voluntary• JOHN intends to shoot JOE but hits FRED… though he did not

intend to shoot FRED he did shoot with intention to commit a harm.

CRIMINAL INENTION• MOTIVE: What motivates a person to commit the act that

he/she is committing. THIS IS NOT INTENTION

• Motive is a desire that compels or drives a person to intend to do something. Motive involves judgment.• Good motive can nonetheless result in the commission of a

crime.

Mr. Smith is dying from an terminal illness. Doctors are still doing everything possible to make him comfortable and sustain life. Mr. Smith begs his son to do something to put him out of his misery. The son obtains some sleeping

pills and overdoes his father to met his wishes. Mr. Smith dies from the overdose.

What was his son’s motive? Did his son intentionally kill his father?

Is the son liable for murder?

CRIMINAL INTENT• Types of Intent• General Intent- the offender knows his act is wrong.• Specific Intent- the offender know that a specific outcome will

occur. • Reckless Behavior• Committing an act that is prohibited with a reckless state of mind.

• Complete disregard for safety and rights of others.

• Negligent Behavior• Four Standards

• Standard of Care- Responsibility to act in a safe and righteous way• Breach of Standard- Reasonable man standard• Proximate Cause- Did the breach cause the harm• Harm Produced- Actual injury

CRIMINAL INTENT

A defendant ran through a stop sign while driving an automobile and convincingly showed he had done so unintentionally. Should he be acquitted

of going through the stop sign.

Sam was an Olympic medalist in swimming. He secured a job as a lifeguard at Euclid Beach Park. Things were not too exciting, so Sam decided to have a few drinks while he was on duty. Sam was feeling no pain when he heard a cry for help. He saw a person in great difficulty about 100 yards offshore. Sam stumbled and finally reached the water. He was unable to get to the

victim before she drowned. Under what theory, if any, would Sam be liable for the death of the drowning victim

CONCURRENCE• Concurrence requires that the criminal intent and the act must

agree. In other words.

• If the defendant does something with a specific intent and another unforeseeable result occurs then the lack of adequate intent may be a defense.

• Similarly, if you are unable to form a legal and mentally active intent then you may have a defense.

PUNISHMENT