Criminal Law

2Criminal Law How are laws made and classified? 9/13/11 Law: a body of rules by which a govt. regulates the conduct of a people in a society how is a law made: introduced by a representative in the house or senate, then must pass with a majority in each house, then be signed by the president. This rule has exceptions Classifications of Law: Criminal: legal action by a state or federal government against a person charged with committing a crime penalty: imprisonment (max for a misdemeanor is a year, min for a felony is a year+), death penalty, a judge's unique sentencing- community service, etc., probation, fines 9/14/11 Case Doc: Mistretta v. united States* Classifications of Law, cont'd: Civil: one party feels wronged or injured by another party of person Penalties: monetary retribution, to do or not do a specific act Common civil disputes: marriages (divorces), contracts, sale of items, wills, bankruptcies Making Laws A. Federal (statutes), state (law), local (ordinance) 1. passed directly (vote) 9/15/11 US Supreme Court Laws do not need to be voted on, always Agencies such as FDA, EPA, SEC, FCC develop laws that help put legislative rulings into effect these agencies are virtually autonomous State The president can create laws by way of executive order Supreme Case decisions become law: Court the first time a decision/case of it's kind is tried and decided, it sets precedent Judicial Review courts decide whether laws passed are constitutional Courts Trial Court Intermediate Court US Circuit Appellate Courts of Appeals Court - change decision of trial court (overturn / reverse) - maintain decision (uphold / affirm) - send back down for retrial (remand) U.S. Supreme Court is a trial court and an appeal court Municipal or Why do we punish people who commit crimes? US District County Court Court 9/16/11 Definition of punishment suffering purposely inflicted by the state when a law has been violated FEDERAL LOCAL utilitarianism: the greatest good the greatest amount of people (appointed by president) the idea that punishment and moral violation can be justified if it acts to prevent mass crime the theory is that people will avoid breaking the law if the perceived pain outweighs the perceived potential pleasure Purposes of punishment Deterrence - sets an example for other potential criminals, and deters them from breaking the law - instills a fear of the law in the criminal at hand, makes it less likely that they will be a recidivist Incapacitation person has rejected social norms and will continue to do so in the future - they must be prevented and separated from potential crime opportunities by being separated from society - person can not commit additional crimes from prison Rehabilitation criminal's future behavior must be corrected through proper reform or treatment Retribution "immoral people should be punished; they deserve it" public vengeance or social retaliation 9/19/11 percentage breakdown of USA Racially: 71% White 12% Black 13% Hispanic (documented) 4% Asian percentage breakdown of inmates: Racially: 40.3% Black (1 in 9 black men age 20-34 are in prison) Gender: 91% male 9% female What elements must be present for a crime to be committed 9/20/11 I. Actus Reus A. "Guilty Act" B. Voluntary act or physical element of a crime C. Criminal law does not punish thoughts or inaction II. Omission and legal duty A. Failure of a person to act when they are under a legal obligation to do so B. Relationship: 1. Ex: parent must provide food, shelter for child C. Statute: 1. State employees must report acts such as child abuse, sexual abuse D. Contract to provide health care 1. Hospitals, nursing homes E. Voluntary assumption of care that isolates an individual F. Creation of peril someone who places a person in a situation of potential danger is responsible to reconcile the situation 9/21/11 Actus Reus (cont'd) G. Duty to control the conduct of another owner of an establishment must provide emergency exits H. Does not impose a moral duty or obligation to be a good samaritan How does Mens Rea make up a necessary element of a crime? 9/21/11 I. Mens Rea A. Guilty Mind B. Criminal Intent C. Along with Actus Reus is one of the crucial elements of a crime II. Specific Kinds of Mens Rea A. Intent 1. Desire to cause social harm 2. The social harm is certain to occur as a result of the persons conduct 3. Action with an evil motive and with knowledge that they are violating the law 4. Transferred Intent a. Results that create the same type of harm that was originally intended ex: trying to shoot someone and shooting someone else B. Levels of Culpability of Intent 1. Purposely a) Act is done with purpose of achieving a result of social harm 2. Knowingly a) don't have to intend a result, just know what it probably will be b) Willful blindness i. purposely not asking the facts to obsolve someone of criminal responsibility ii. equals knowledge 9/22/11 II. Specific Kinds of Mens Rea (cont'd) B. Levels of culpability of intent (cont'd) 3. Recklessly a) must foresee that a harm may occur b) risk taken is substantial and unjustifiable 4. Negligence a) fails to realize a substantial and unjustifiable risk b) only used for homicide, otherwise only civil responsibility How can people be a party to a crime? 9/23/11 I. Principle 1. person who commits the crime - primary party 2. Uses an innocent agent to commit a crime a) innocent agent i. no mens rea to commit the crime ii. fooled or forced to commit crime II. Principle in the second degree - intentionally helps or encourages the principle in the first degree to commit the crime - present during crime or close enough to assist in crime if needed III. Complicity A. What is it? - criminal responsibility for a crime - secondary party B. Help people commit crime - physical aid - mental / emotional aid - incites, solicits, crime - omission person has a legal duty to prevent crime and fails to do so - police officer stands by while a crime is committed in his presence IV. Accomplice v. Accessory A. Accomplice - present at the crime scene - helps or assists in the actual commission of the crime (principle in second degree is necessary for the crime to occur; accomplice is not) B. Accessory before the fact - help principle, orders, encourages, or plans a crime - isnt present at crime - must know or have reason to believe a crime will be committed C. Accessory after the fact - know a crime has been committed, helps principle avoid capture / escape How do we define preliminary or inchoate (unfinished) crimes? 9/26/11 I. Solicitation A. Deliberately encourage or ask someone to commit a crime 1. Crime does not have to be committed B. Punished in accordance with crime solicited C. If crime was carried out the solicitor is complicit cannot be punished for both the crime as an accomplice or accessory and a solicitor to that crime II. Attempt A. Intent to commit a crime B. Intend the result of the crime C. Take a "substantial step" toward committing that crime D. Tests for attempt 1. What steps have already been taken to commit crime? 2. How much remains to be done before crime is committed? E. Punishment can be as serious as a successful crime, but normally less severe F. Cannot be punished for both the crime and the attempt of the same crime III. Conspiracy A. Agreement between two or more persons to commit a crime 1. No criminal act needs to be done in most states a) some states look for a "substantial step" by any conspirator B. Special dangers of group criminality 1. greater potential harm 2. greater the likelihood crime will be committed 9/27/11 C. "Pinkerton Rule" each co-conspirator is responsible for any crime, linked to the conspiracy committed by another co - conspirator D. Wharton's Rule if the target crime requires 2 or more people (drug deal, prostitution), involved parties cannot be convicted of conspiracy unless more than the amount of parties needed to commit offense are involved (more than 2 people in drug deal) 9/28/11 E. Can be convicted and punished for both conspiracy and the target crime itself - can be sentenced consecutively or concurrently How can we define and differentiate different types of homicide? I. Homicide A. Unjustified and unexcused killing of a human being by another B. Beginnings of life legally, begins at birth A viable fetus is not a human being even if the fetus is the target of a purposeful homicidal act Keeler v. Superior Court of California (1970) - in reaction to this case some states created a new crime called "feticide" People of California v. Chavez (1947) - fetus becomes a human being after passing through the birth canal and takes a breath End of life - brain death - termination of brain functions as basis for legal death Non-criminal homicide: - self defense, faultless, accidental Criminal homicide: 1. malice aforethought - mens rea - reckless disregard for the value of human life - the intention to commit a felony during which a death results - not present in manslaughter cases (only in 1st and 2nd degree murder, felony) II. Degrees of homicide A. First degree 1. premeditated thought about killing the victim 2. deliberate brooded over the thought of killing the victim for a significant period of time 3. killed willfully with malice aforethought 4. People v. Anderson (1968) a) three elements necessary to fulfill the requisite premeditation and deliberation - motive - plan - manner of killing that shows preconceived design B. Second degree willfull with malice aforethought not premeditated not subject to a punishment of death C. Felony murder - death resulting from the commission or attempted commission of a felony a) no premeditation b) most states restrict this to dangerous felonies such as rape, arson, robbery, burglary c) the killing must be done during the commission of the felony III. Manslaughter A. Voluntary Manslaughter 1. Mitigating circumstances (lessen) or adequate provocation a) A reasonable person might kill under these circumstances 2. Sudden act, in the heat of passion a) Passion was result of adequate provocation b) suspect can not have a reasonable time to cool off c) ex: fighting, adultery, provocation based on physical characteristics 3. Diminished capacity a) mental or emotional condition B. Involuntary manslaughter 1. No intent to kill or do serious bodily harm 2. No malice aforethought 3. Death due to reckless behavior or negligence 4. Ex: drunk driving 5. Usually punishment is confined to one - 5 years How can we define the crimes of assault and battery? 10/18/11 battery is the use of force against another resulting in harm or offensive contact types aggravated battery - more serious form of battery, a felony - use of a deadly weapon - battery in which serious bodily injury occurs simple battery - no aggravating circumstances - not resulting in serious bodily harm - misdemeanor sexual battery - term used in some states for rape. involuntary touching assault threat of force (to commit battery) - reasonable person would believe they are in danger attempted battery intent to cause physical injury types aggravated assault intent to commit another crime or intent to cause serious bodily injury assault with deadly weapon aggravated assault in which assailant threatens death or serious harm with use of a deadly weapon assault with intent assault with intent to commit additional crimes (ex robbery, rape) sexual assault used in some states for rape How can we define the crime of rape? Aka sexual assault A. Any sexual intrusion into the body without consent, by force, or threat of injury B. Components of modern rape laws: 1. Force use of physical violence that subdues the victim 2. Rape in the first degree a) use of a deadly weapon or serious physical injury 3. Threat of force a) Threatens death or serious bodily injury to victim or a third party "reasonable person" must have fear of would be rapist 4. Other threats a) economic harm, damage to reputation can be used as a basis for rape 5. Resistance by victim a) not necessary to formulate rape 6. Consent a) prosecution must prove that defendant knew the victim did not consent b) must be established by the reasonable person theory that victim did consent as a defense to a charge of rape 7. Fraud 1. Does not constitute rape as long as victim knowingly consents 2. If victim does not know they are engaging in act it can constitute rape 8. Incapability to give consent a) metal or physical incapability - person drugged, unconscious, mental illness b) statutory rape under age of legal consent 9. Consent - prosecution must prove that defendant knew the victim did not consent - must be established by the reasonable person theory that victim did consent as a defense to a charge of rape C. Statutory rape - under the age of legal consent - age defined by varying state laws - only an adult can be convicted, not a person under the age of consent D. Rape shield laws - prohibits evidence about the past sexual conduct of the victim Controversial Crimes A. Sex offenses 1. Bigamy (two) a) marry a person while still legally married to someone else b) polygamy (more than two) 2. Adultery a) never enforced - still a crime in some states b) grounds for divorce 3. Sodomy a) aggravated - by force or involving a minor 4. Prostitution a) sexual acts for money (Nevada) B. Suicide 1. Aiding or attempting a suicide 2. Rarely enforced, counseling or institutionalized 3. Euthanasia a) helping a person with an incurable disease or terminally ill person die b) illegal in most states and can be prosecuted for homicide - second degree or manslaughter C. Drug offenses 1. distribution, sale, possession 2. controlled substance act a) divided in 5 groups based on: - medical use - potential for abuse - likelihood of physical or psychological dependence b) proceedings to add, delete, or change the schedule of a drug may be initiated by any agency or individual How can we define crimes against property? arson - willful and malicious burning of another's property or your own property vandalism - malicious mischief - willful or ignorant destruction of or causing damage to the property of another or the public theft larceny - unlawful taking and carrying away (asportation) of property of another with intent to deprive the person of it permanently grand and petty a) above (felony) or below (misdemeanor) - $500-$1000 embezzlement - unlawful taking of property by someone who it is entrusted to robbery - unlawful taking of property from a persons possession by force or intimidation - involves theft and actual or potential physical harm - physical harm distinguishes it from larceny - aggravated robbery - committed with infliction of bodily harm - armed robbery - robber possesses a dangerous weapon - conjoint robbery - committed by two or more persons extortion - use of threats to obtain property of another - threats of future physical harm or destruction of property or injury of someones reputation burglary - unauthorized entry into any structure with intent to commit a crime forgery - altering a document with intent to defraud or deceive uttering - pass off a fake document as authentic false pretences How can charges of criminal wrongdoing be defended against as justifiable or excusable? I. No crime has been committed A. No criminal intent / no mens rea II. Defendant didn't commit crime A. Alibi 1) Defendant was somewhere else when crime was committed III. Defendant committed criminal act but act was excusable or justified A. Duress 1. Defense whereas coercion or a threat of immediate danger to life to compel someone to commit an unlawful act 2. No free will 3. Exceptions a) threats against property of any value do not constitute a duress defense B. Necessity 1. A defense whereas a person acts in an emergency, that they did not create, commits a harm that is less severe than the harm that would have occurred without the person's actions C. Self defense or defense of others 1. The use of force to protect oneself from a real or threatened imminent attack a) no alternatives but to use force b) no more force than necessary to stop attack/threat D. Defense of property 1. May use force to defend property a) can not use force if other measures are available b) can not use deadly force unless it is for self defense, not defense of property i. can possible use deadly force to defend a dwelling from intrusion by a potential felon E. Use of force 1. Police arrest or preventing crime a) nondeadly force i. can be used even if it turns out no crime has been committed by the suspect b) deadly force i. prevent a felon escaping arrest ii. Warning must be given iii. Belief that felon poses a serious threat of death or injury to others if not apprehended iv. Self defense 2. Private citizen a) arrest or preventing crime i. if no crime occurred the citizen who uses force non-deadly or deadly to arrest is criminally responsible even if belief person committed a crime was reasonabe b) if asked for assistance by police can have same rules of force as policet How can charges of criminal wrongdoing be defended based on individual characteristics? I. Insanity / Temporary Insanity A. Unable to comprehend the legality of their conduct, excuses a person from criminal responsibility B. Medina v. California (1992) 1. Must have ability to consult with lawyer with reasonable degree of understanding 2. Must have rational as well as factual understanding of proceedings 3. Must be evaluated to determine mental status at time of trial 4. Burden of proof on defendant by preponderance of the evidence C. Presenting the defense 1. Mental state at time of offense assessed by mental health experts a) mental history b) recollection, facts and circumstances of the crime c) psychological / medical tests 2. The M'Naghten test a) mental illness, at the time of the crime causes suspects to now know what they were doing or that it was wrong (against the law) b) mental illness is defined as being out of touch with reality and not accurately perceiving the world around them, thus cannot evaluate appropriateness of conduct or cannot control their behavior D. Not guilty by reason of insanity 1. Can be institutionalized indefinitely until no longer mentally ill or dangerous a) even beyond any guilty sentence they could have received according to sentencing guidelines E. Severe retardation / diminished capacity II. Infancy (under 7) A. 7 - 14 usually go to juvenile court 1. May be tried as an adult, especially for the crime of homicide III. Intoxication A. Didn't know what they were doing B. Must be involuntary IV. Entrapment induced or persuaded to commit a crime by a law enforcement officer or someone working, in some capacity, for law enforcement