Presentation on theme: "Criminal Law Chapter 6. Criminal Law and Public Wrongs Different crimes for different times Prison System –Punishment/crime school –Juveniles in prison."— Presentation 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 –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.