1. PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Criminal Law Today By Frank Schmalleger, PH.D CHAPTER 3 Expanding the Concept of Crime Criminal Law Today By Frank Schmalleger, PH.D

2. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Corpus Delicti The “body of crime” The “body of crime” Facts which show that a crime has occurred Facts which show that a crime has occurred Do not confuse with statutory elements Do not confuse with statutory elements It is not the body in a homicide case It is not the body in a homicide case

3. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Understanding Corpus Delicti A person can not be tried for a crime unless it can be shown that an offense has occurred A person can not be tried for a crime unless it can be shown that an offense has occurred The state has to show that: The state has to show that: A criminal law has been violated A criminal law has been violated A specific person committed the act A specific person committed the act

4. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Two Explanations of Corpus Delicti 1. A certain result has been produced 2. A person is criminally responsible 1. The occurrence of the specific kind of injury 2. Someone’s criminal act as the cause of the injury

5. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Examples of Corpus Delicti Theft: Taking property of another with intent to permanently deprive the owner of possession Arson: A burned building or other property Some criminal agency which caused the burning (a willful act)

6. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Corpus Delicti Rule A principle of law that says that an out-of- court confession, unsupported by other facts, is insufficient to support a criminal conviction.

7. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Additional Elements of Crime Causation Causation Resulting Harm Resulting Harm Principle of Legality Principle of Legality Necessary Attendant Circumstances Necessary Attendant Circumstances

8. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Causation Refers to the fact that the concurrence of a guilty mind and a criminal act must produce or cause harm Refers to the fact that the concurrence of a guilty mind and a criminal act must produce or cause harm Requires that the offender CAUSE a particular result Requires that the offender CAUSE a particular result Two categories of causation: Two categories of causation: Causation in fact Causation in fact Proximate cause Proximate cause

9. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Causation in Fact An actual link between an actor’s conduct and a result An actual link between an actor’s conduct and a result Determined by the sine qua non test Determined by the sine qua non test without this, that would not be without this, that would not be aka “had no” test aka “had no” test Means that some injury would not have happened “BUT FOR” the conduct of the accused Means that some injury would not have happened “BUT FOR” the conduct of the accused

10. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Proximate cause Generally a more useful legal concept than factual cause Generally a more useful legal concept than factual cause Proximate cause holds that offenders may be criminally liable for causing harm when it can logically be shown that the harm caused was reasonably foreseeable from their conduct Proximate cause holds that offenders may be criminally liable for causing harm when it can logically be shown that the harm caused was reasonably foreseeable from their conduct The FIRST cause in a string of events The FIRST cause in a string of events

11. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Resulting Harm The actual or potential consequence of culpable activity The actual or potential consequence of culpable activity Loss to the victim Loss to the victim Disadvantage to the victim Disadvantage to the victim Injury to the victim Injury to the victim

12. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Resulting Harm Questions If there is no harm, is there a crime? If there is no harm, is there a crime? Social order offenses Social order offenses Victimless crimes Victimless crimes Prostitution Prostitution Gambling Gambling Drug use Drug use Sexual deviance Sexual deviance Perhaps there is social harm? Perhaps there is social harm?

13. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Principle of Legality An axiom that holds that behavior cannot be criminal if no law exists that defines it as such An axiom that holds that behavior cannot be criminal if no law exists that defines it as such Must also prescribe a punishment Must also prescribe a punishment Two legal dicta Two legal dicta Nullen crimen, nulla poena, sine lege Nullen crimen, nulla poena, sine lege There is no crime, there is no punishment There is no crime, there is no punishment Nullem crimen sine poena Nullem crimen sine poena No crime without punishment No crime without punishment

14. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Principle of Legality Creates Other Requirements Ex post facto Ex post facto Means “after the deed” Means “after the deed” Laws or rules were changed after the commission of the crime Laws or rules were changed after the commission of the crime Void for vagueness Void for vagueness Crime is unclear Crime is unclear Reasonable person cannot determine what the law purports to command or prohibit Reasonable person cannot determine what the law purports to command or prohibit

15. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Ex Post Facto Makes an action done before the passing of the law criminal Makes an action done before the passing of the law criminal Aggravates a crime, or makes it greater than it was when committed Aggravates a crime, or makes it greater than it was when committed Inflicts a greater punishment than existing law did at the time the crime was committed Inflicts a greater punishment than existing law did at the time the crime was committed Alters the legal rules of evidence and requires less or different testimony than the law required at the time of the commission of the offense Alters the legal rules of evidence and requires less or different testimony than the law required at the time of the commission of the offense

16. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Void For Vagueness Statutes are void when vague because their enforcement would require after-the- fact judicial interpretations of what the law means Statutes are void when vague because their enforcement would require after-the- fact judicial interpretations of what the law means Could be abused by police Could be abused by police Citizens may not understand what is legal and what is not Citizens may not understand what is legal and what is not

17. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Necessary Attendant Circumstances The facts surrounding an event The facts surrounding an event Includes such things as time and place Includes such things as time and place When specified by law as necessary elements of an offense, they indicate the fact that the existence of such circumstances is required in order for all of the elements of the crime to be met When specified by law as necessary elements of an offense, they indicate the fact that the existence of such circumstances is required in order for all of the elements of the crime to be met

18. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Necessary Attendant Circumstances Explained Examples: Examples: “Knowingly commit any lewd or lascivious act in the presence of any child under the age of sixteen years…” “Knowingly commit any lewd or lascivious act in the presence of any child under the age of sixteen years…” Curfew violations in that a juvenile be in a public place between 11 p.m. and 6 a.m. Curfew violations in that a juvenile be in a public place between 11 p.m. and 6 a.m. Necessary attendant circumstances may increase the degree, or level of seriousness, of an offense Necessary attendant circumstances may increase the degree, or level of seriousness, of an offense

19. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Necessary Attendant Circumstances Penalty Enhancers Necessary attendant circumstances may increase the degree, or level of seriousness, of an offense. For example… Necessary attendant circumstances may increase the degree, or level of seriousness, of an offense. For example… Burglary 1 st or 2 nd Degree Burglary 1 st or 2 nd Degree Thus, the time of the burglary determines the degree of the offense. Thus, the time of the burglary determines the degree of the offense.

20. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Discussion Question Joe, intending to kill his wife Joan, buys a hunting knife. He takes out a Life Insurance policy on her. Later he feels ashamed and puts the hunting knife on the top shelf in the closet. Later, Joan looking for a missing shoe reaches on the top shelf and cuts her hand on the knife. She is taken to the hospital by ambulance. Along the way, the ambulance is hit by a drunk driver. Joan dies. Upon being notified of Joan’s death, Joe goes to the local bar and celebrates. Should Joe be held accountable for Joan’s death? Joe, intending to kill his wife Joan, buys a hunting knife. He takes out a Life Insurance policy on her. Later he feels ashamed and puts the hunting knife on the top shelf in the closet. Later, Joan looking for a missing shoe reaches on the top shelf and cuts her hand on the knife. She is taken to the hospital by ambulance. Along the way, the ambulance is hit by a drunk driver. Joan dies. Upon being notified of Joan’s death, Joe goes to the local bar and celebrates. Should Joe be held accountable for Joan’s death?

21. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Do you have any questions?

22. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 Chapter Quiz (True or False) 1) The term Corpus Delicti literally means the “location of the body.” 1) The term Corpus Delicti literally means the “location of the body.” 2) In most jurisdictions, an extrajudicial (out-of-court) confession, uncorroborated by other facts, is insufficient to support a criminal conviction. 2) In most jurisdictions, an extrajudicial (out-of-court) confession, uncorroborated by other facts, is insufficient to support a criminal conviction. 3) Proof of factual cause is necessary for a criminal conviction. 3) Proof of factual cause is necessary for a criminal conviction.

23. Criminal Law Today By Frank Schmalleger, PH.D PRENTICE HALL ©2006 Pearson Education, Inc. Upper Saddle River, NJ 07458 4) The need for some identifiable harm is often cited as a general requirement for most crimes. 4) The need for some identifiable harm is often cited as a general requirement for most crimes. 5) There are only two components of the corpus delicti of a crime. 5) There are only two components of the corpus delicti of a crime.