1. Introduction to Criminal Justice
Chapter 4
Introduction to Criminal Justice

2. Criminal Law in the U.S.
Criminal law in the U. S. is codified, or written down, and accessible to all.
Criminal law is contained in several sources:
---U. S. and state constitutions
---Statute (laws) passed by Congress and state legislatures; ordinances
---Regulations created by governmental agencies
---Case law (court decisions)

3. Elements of Crime Corpus delicti - “the elements of crime”
Literally means the body of the crime
The total circumstances that must exist for a criminal act to have occurred

4. Actus reus The guilty act The actual physical act
The voluntary commission of a crime took place
Someone had to do something
Thinking about something wrong is not a physical act
Must be a prohibited act

5. Mens rea
The guilty mind: Elements of purpose, knowledge, negligence, recklessness
Purposefully committed a criminal act
Knows of the illegality of the act
Criminal negligence is the deviation of what a reasonable person would have done
Criminal reckless is “consciously disregarding a substantial and unjustifiable risk

6. Mens Rea Example
For theft, the required mental state is knowing that the property belongs to another and the desire to deprive the owner of it
(The two most used words in most of the state Codes are knowingly and willingly, followed by intentionally.)

7. Criminal Liability
The criminal act (actus reus) and guilty mind (mens rea) must be concurrent (occur at the same time).
The criminal act must have caused the harm suffered.
Proximate cause---”but for” the actions of the defendant, the harm would not have occurred.
Liability differences lead to different penalties

8. Causation
Criminal law requires that the criminal act cause the harm suffered
Historically, the courts have held that a victim’s death must occur within one year and a day before the act to be considered a criminal act
Michigan Supreme Court allowed a murder charge to be filed when the victim died four years later

9. Strict Liability
For certain crimes criminal law holds the defendant to be guilty even if intent to commit the offense is lacking.
Example - Traffic violations - I need not know what the speed limit was; or
---that I was not paying any attention and have no idea how fast I was going; or,
---that my speedometer was off.

10. Accomplice Liability
Under certain circumstances I can be found guilty of a crime even though I did not actually commit the crime.
If I aid and abet in the crime but did not pull the trigger I can still be charged with murder.
“Dual intent” is required---
---To aid person convicted of crime
---Knew such aid likely to lead to crime

11. Attendant Circumstances
Adds to the degree of the crime - If an offender commits sexual abuse and had used a firearm to get my victim to submit
The use of a weapon in an assault
The amount of money stolen
Present tendencies are to impose harsher mentalities if the offense is motivated by race, ethnicity, religion, gender, sexual orientation (hate crimes)

12. Inchoate Offenses
Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.
Solicitation to commit a crime
Attempts
The conspiracy to commit a crime
Sale of drugs
Other crimes

13. Types of Defenses
A defense consists of evidence and arguments offered by the defendant to show why he/she should not be held liable for a criminal charge
Our system generally recognizes four broad categories of defense
Alibi
Justifications
Excuses
Procedural defenses

14. Types of Defenses
Alibi – different from the other defenses as it is based on the premise that the defendant is truly innocent
An alibi is supported by witnesses and documentation – hotel receipts, eyewitness identification

15. Types of Defense
Justification – claim of moral high ground; a choice between the “lesser of two evils”
Example: a firefighter who sets a “control” fire to create a firebreak to save the town; The setting of the fire is arson, but the intent was to save the town.
Self-defense; defense of others; defense of home and property, necessity, consent, and resisting unlawful arrest

16. Justifiable Use of Force Self Defense
You must use only the force necessary to protect yourself, your dwelling, your property, or to prevent a crime.
Deadly force can only be used to protect you from imminent death or bodily harm.
You must not have provoked the attack, and there must be no alternative.
You must have a reasonable belief that death or bodily harm will otherwise occur.

17. Types of Defenses
Excuses – the person who engaged in the unlawful behavior was, at the time, not legally responsible for his/her actions
Recognized excuses include:
Duress - Involuntary Intoxication
Age - Unconsciousness
Mistake - Provocation
Insanity -Diminished capacity
Mental incompetence
Necessity

18. Duress
The wrongful threat of one person induces another person to perform an act that she or he would otherwise not perform.
Girlfriend helps boyfriend commit a robbery as he threatens to kill her kids
The threat must be immediate and inescapable

19. Duress The threat must be of serious bodily harm or death
The defendant must have become involved in the situation through no fault of his or her own

20. Age (infancy) as a Defense
Under a certain statutory definition you do not meet the maturity level to make the decisions necessary to commit a crime.

21. Mistake Ignorance of the law is not a valid excuse
Mistake of fact – getting into a car that looks just like yours and putting the key in the ignition and it works and you drive away is not a crime.

22. Insanity Defenses
Temporary Insanity – Insane only at the time of the criminal act
Diminished Capacity – Used not to be declared not guilty, but a lesser sentence; from Murder 1st degree to Murder 2nd
Mental Incompetence – Incapable of understanding the charges against them, consulting with attorney, or in aiding in their own defense

23. Intoxication
Involuntary intoxication is when a person is physically forced to ingest a substance.
Involuntary can also be a reaction to a legal prescription drug which caused psychotic episodes as a side effect.
Voluntary intoxication is becoming intoxicated on your own. (Claim that there is no mens rea)
12 states have eliminated it as a defense.

24. Procedural Defenses
Procedural Defenses – claim the defendant in some manner was discriminated against in the justice process, or some important aspect of official procedure was not properly followed
entrapment
Double jeopardy
police fraud
selective prosecution
denial of speedy trial
Prosecutorial misconduct

25. Entrapment When police deceives defendant into wrongdoing
Defendant would not otherwise have committed crime
Police cannot “plant the idea” in defendant
Defense used in some undercover drug cases

26. Fourth Amendment Protects from unreasonable searches and seizures
No warrants for a search or arrest can be issued without probable cause
Probable cause is reasonable grounds to believe the existence of facts warranting certain actions, such as a search or arrest.

27. Fifth Amendment
No one may be deprived of “life, liberty or property” without due process of law.
No double jeopardy
No person can be forced to be a witness against himself (“taking the fifth”)

28. Sixth Amendment
Guarantees a speedy trial, trial by jury, a public trial
Right to confront witnesses, right to a lawyer

29. Eighth Amendment Protects against excessive bail and fines
Protects against cruel and unusual punishment (Does not include the death penalty)

30. Due Process of Law — 14th Amendment
Government cannot act arbitrarily or unfairly
Must stay within the boundaries of reason and the law
Procedural due process—law must be carried out fairly and orderly
Substantive due process—laws themselves must be reasonable
Supreme court has big role in interpreting these requirements