intro to cj ch 4 ppt
TRANSCRIPT
CJ2015James A. Fagin
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Introduction to Criminal Justice,McKenzie Wood
Fagin, CJ2015
Chapter 4: Criminal Law - Crimes and the Limits of Law
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
4.1
4.2
4.3
4.4
Describe how federal, state, and local criminal laws arecreated and changed.
Describe the limits of law.
List the elements of a crime and their role in criminalprosecution.
List and describe some of the major defenses againstcharges of criminal conduct.
Explain how crimes are classified and defined according to
the Model Penal Code.4.5
CHAPTER OUTCOMES
CJ2015James A. Fagin
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4.1Describe how federal, state, and local criminal laws are created and changed.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
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How Laws are Created4.1
Reasons why laws are created
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The Making of Laws4.1
Mala in SeActs that are crimes because they are inherently evil or harmful to society
Mala Prohibita
Acts that are prohibited because they are defined as
crimes by law
vs.
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Sources of Federal Criminal Laws4.1
Executive Orders
Judicial Decisions Interpreting Code
U.S. Federal Criminal Codes
U.S. Constituti
on
InternationalTreaties
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State and Local Laws4.1• One of the distinctions between federal
criminal laws and state criminal laws is the area of law known as common law, or unwritten law.
• Common law refers to unwritten, simply stated laws based on traditions and common understandings in a time when most people were illiterate.
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Two Types of Local Criminal Laws4.1
Felony Serious criminal
conduct punishable by
incarceration for more than one
year
Misdemeanor
Less serious criminal conduct
punishable by incarceration for less than a year
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4.2 Describe the limits of law.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
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The Limits of the Law4.2
While there are many reasons to argue whether a law is constitutional, seven common benchmarks were established by the U.S. Supreme Court to assess the legality of criminal laws:
1.Principle of Legality - The government cannot punish citizens for specific conduct if no specific laws exist forewarning them that the conduct is prohibited or required
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The Limits of the Law4.2
2.Ex Post Facto Laws - Laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed
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The Limits of the Law4.2
3.Due Process - Substantive due process limits the government's power to criminalize behavior unless there is a compelling reason for the public interest to do so. Procedural due process requires that the government follow standard procedures and treat all defendants equally.
3.Cruel and Unusual Punishment - An Eighth Amendment right based on the premise of classical criminology that punishment should be appropriate to the crime
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The Limits of the Law4.25.Void for Overbreadth - The principle that laws go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal that cannot be upheld
6.Void for Vagueness - The principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld
7.Right to Privacy - The principle that laws that violate personal privacy cannot be upheld
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4.3 List the elements of a crime and their role in criminal prosecution.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
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Elements of a Crime4.3
Actus reus:The actions
of a person
Mens rea: State of mind
or intent
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Elements of Crimes and Their Role4.3
• Strict liability crimes are actions that are considered criminal without the need for criminal intent.
• Crimes that go beyond mere thought but do not result in completed crimes are called incomplete crimes, or inchoate offenses, and are subject to punishment.
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Elements of Crimes and Their Role4.3
• Solicitation is the urging, requesting, or commanding of another to commit a crime.
• Conspiracy is the planning by two or more people to commit a crime.
• Attempt is an incomplete criminal act, the closest act to the completion of a crime.
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4.4List and describe some of the major
defenses against charges of criminal conduct.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
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Perfect vs. Imperfect Defense4.4
Perfect Defense
Person is excused from all criminal
liability and punishment
Imperfect Defense
The person's liability or punishment is
reduced
vs.
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Criminal Defenses4.4
The most common defenses include the following:
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Criminal Defenses4.4• The use of an alibi as a defense requires that the
defendant present witnesses who will give testimony in court or other evidence establishing the fact that the defendant could not have committed the offense.
• Consent or Condoning by the Victim claims that the victim gave permission for the act or condoned the act is not a valid defense for some criminal actions.
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Criminal Defenses4.4
If agents of the government provide both the mens rea and the means to commit the crime, the U.S. Supreme Court has ruled that the defendant may be defended on the grounds of entrapment or outrageous government conduct.
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Immunity – Special Protection Against Prosecution4.4
Diplomatic Immunity
Legislative Immunity
Witness Immunity Privilege
Grants foreign diplomats complete
immunity from any criminalprosecution,
including murder and
traffic violations.
Federal andstate
lawmakers receive some
form of immunity from arrest while the legislature is in
session.
In exchange for cooperating
with a government
investigation or prosecution, he
or she is granted
immunity based on the offered testimony or cooperation.
The defense of privilege is the claim that the
defendantviolated the law but is immune
from punishment
because of his or her official office or duty.
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Involuntary Actions and Duress4.4
• Involuntary action is a claim by a person that the action or behavior was not voluntary (that is, was not committed of his or her own free will).
• Similar to the involuntary defense is the defense of duress, in which the person claims that he or she did not commit the actions of his or her own free will.
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Mistake or Ignorance of Fact or Law4.4• Mistake or ignorance of fact is an affirmative
legal defense in which the defendant made a mistake that does not meet the requirement for mens rea.
• Mistake or ignorance of the law should not be confused with factual impossibility. Factual impossibility is when it is not possible for the person to commit the crime intended.
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More Criminal Defenses4.4
• Necessity is an affirmative legal defense claiming that the defendant committed an act out of need, not mens rea.
• Self-defense is an affirmative legal defense in which a defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home.
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More Criminal Defenses4.4
• Youth – Under the age of 7, a child cannot be charged criminally because they could not form mens rea.
• Insanity - A legal claim by a defendant that he or she was suffering from a disease or mental defect and that the defect caused the defendant not to understand the difference between right and wrong.
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4.5Explain how crimes are classified and defined according to the Model Penal Code.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
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The Model Penal Code4.5
Crimes Against
theState
Crimes Against Persons
Crimes AgainstHabitati
on
CrimesAgainst Property
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Crimes Against the State4.5
TerrorismSeditionEspionageTreason
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Crimes Against the Person4.5
• Murder - All intentional killings and deaths that occur in the course of aggravated felonies.
• Manslaughter is the killing of another without malice—that is, without the specific intent to kill.
• Rape or sexual assault is nonconsensual sexual acts.
• Kidnapping is the taking away of a person by force against his or her will and holding that person in false imprisonment.
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Crimes Against the Person4.5
• Robbery is the taking and carrying away of property from a person by force or threat of immediate use of force.
• Assault and Battery - Assault is defined as the act of inflicting injury on another, whereas battery is the act of unlawfully striking another.
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Crimes Against Habitation4.5
BurglaryThe modern offense of
burglary combinestwo less serious crimes—trespass and intent to commit a crime—into a serious felony crime.
ArsonArson is the willful and malicious burning orattempted burning of
any structure, including one's own.
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Crimes Against Property4.5
Fraud
EmbezzlementLarcenyTheft
ReceivingStolen
PropertyForgery
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Federal criminal laws must be initiated as bills in the Senate or House of Representatives. The process for
state criminal laws is similar, except the governor plays the role of the president. City councils and
county governments create local criminal laws, of which most are misdemeanors or violations, in
diverse ways.
Seven common benchmarks were established by the U.S. Supreme Court to define the legality of criminal laws: (1) principle of legality, (2) ex post facto laws, (3) due process, (4) void for vagueness, (5) right to privacy, (6) void for overbreadth, and (7) cruel and
unusual punishment.
4.1
4.2
CHAPTER SUMMARY
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The most common defenses against criminal charges include (1) alibi, (2) consent or condoning by the victim, (3) entrapment or outrageous government conduct, (4) immunity or privilege, (5) involuntary
actions and duress, (6) mistake or ignorance of fact of law, (7) necessity, (8) self-defense, (9) youth, and
(10) insanity.
4.4
CHAPTER SUMMARY
The elements of a crime that must be present for prosecution are actus reus, in which a person
voluntarily committed a criminal act, and mens rea, in which a person committed a crime with the intent to do so. Strict liability crimes are actions that are considered criminal without the need to prove the mens rea. Inchoate offenses, known as incomplete
crimes, are subject to punishment.
4.3
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The Model Penal Code is a set of guidelines that are considered the best practices for legal codes. The
categories found within the Model Penal Code include (1) Crimes against the State, which includes treason, espionage, and sedition; (2) Crimes against
Persons, which includes murder, rape (or sexual assault), kidnapping, robbery, and assault and battery; (3) Crimes against Habitation, which
includes burglary and arson; and (4) Crimes against Property, which includes theft, larceny,
embezzlement, receiving stolen property, false pretenses, forgery, and uttering.
4.5
CHAPTER SUMMARY