Criminal Justice

Criminal JusticeUnit 1Crime

What is criminal justice?

Criminal justice is the application or study of laws regarding criminal behavior. Those who study criminal justice include the police, those working in a judiciary capacity, and lawyers who either defend or prosecute those accused of a crime. Others work to advocate for changes in the current system of criminal justice, such as those who render decisions regarding current laws, like members of Supreme Courts.

Jurisprudence Jurisprudence is the study and theory of

law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions.

Criminal Law◦ Focuses on defining crime◦ Is contained in a wide array of statutes and ordinances

enacted by federal, state, and city government.◦ The process of defining and applying criminal law never

stops. Legislatures repeal out-of-date laws, modify existing laws, and enact new laws.

Criminal Procedure◦ Focuses on the steps taken and decisions made in the

investigation, accusation, trial, verdict, and sentencing of a criminal defendant.

◦ Are designed to protect a defendant from being falsely accused or wrongly convicted of a crime.

Two areas of Jurisprudence

Chapter 1CRIMES

Criminal vs. Civil Cases◦ Civil Cases

Individuals sue one another seeking compensation for injuries done to them.

◦ Criminal Case The state prosecutes individuals for injuring society Instead of compensation the state seeks to punish

the individual

The Basics of Crime

Our criminal law spring from two major sources, laws passed by legislatures and what is called common law.

What is Common Law?

What are its problems?

The primary source of criminal law today is legislative enactment.

The Sources of Criminal Law

Where Laws come from:

Constitutions◦ Federal or State

U.S. Statutes State Statutes Local Ordinances Common Law

◦ Judge Made

History of Michigan’s Constitutions Michigan has adopted four Constitutions. The Constitution of 1835 was adopted two years before Michigan became a state. The Constitutional Convention of 1835 met at the Territorial Capitol in Detroit on May 11, 1835, and adjourned on June 24, 1835. The Constitution of 1835 was adopted at an election held on October 5 and 6, 1835, by a vote of 6,752 to 1,374. On June 3, 1850, a Constitutional Convention met at Lansing and completed its revision on August 15. The Constitution of 1850 was presented at the election of November 5, 1850, and adopted by a vote of 36,169 to 9,433. Over fifty years passed before a new Constitution was adopted. On October 22, 1907, a Constitutional Convention convened at Lansing and completed its revision on March 3, 1908. The Constitution of 1908 was adopted on November 3, 1908, by a vote of 244,705 to 130,783. Four attempts were made to call a Constitutional Convention for the purpose of revising the Constitution of 1908 before the question was approved by the voters on April 3, 1961. A primary election for the purpose of electing delegates was held on July 25, 1961, and on September 12, 1961, one hundred forty-four delegates were elected. The delegates met at Convention Hall in the Civic Center, Lansing, on October 3, 1961, and adopted the proposed Constitution on August 1, 1962. The Constitution was submitted at the election of April 1, 1963, and adopted. A recount established the vote as 810,860 to 803,436. The effective date of the Constitution of 1963 is January 1, 1964. The constitutional provisions in this publication are reprinted from the text of the Michigan Compiled Laws, supplemented through January 1, 2009. Materials in boldface type, particularly catchlines and annotations, are not part of the Constitution.

Felonies and Misdemeanors◦ Most states make a crime punishable by death or

imprisonment in a state prison a felony◦ Time in a local jail is a misdemeanor

◦ Other states determine by length of imprisonment More than one year is a felony Less that one year is a misdemeanor

Classifications of Offenses

What is the difference between a misdemeanor and a felony? Michigan state law includes separate statutes for a large

number of different criminal offenses, but there is one major distinction between two categories of crime: misdemeanors and felonies. The difference between a misdemeanor and a felony is one of severity, since felony criminal offenses are considered to be more serious than misdemeanors, and therefore they carry harsher penalties for a conviction. Generally speaking, a felony is punishable by a term of imprisonment lasting anywhere from a year to life, while the maximum sentence for a misdemeanor is one year in jail. For certain, misdemeanor offenses which are charged as violations of local ordinances, such as a first-offense OWI, larceny, embezzlement or shoplifting, the maximum sentence may be limited to 93 days in jail.

Misdemeanor vs. Felony Theft If the property value ranges between $200

and $1,000, theft is classified as a misdemeanor and merits time in custody of up to one year and a fine of no more than $2,000. If the property value is less than $200, the offender can receive a maximum of 93 days in jail and a fine of less than $500. These terms are valid as of November 2010.

Go To page 9 in the Text Book. Answer the 3 discussion questions. (Use

complete sentences)

Then do Class Activity Part 1 A&B

Bell Ringer 09/09/2013 What Characteristics distinguish criminal

from civil cases?

What are the two sources of criminal law? How do the differ?

The criminal justice system carefully defines exactly what a crime is. The system also takes care in defining what must be proved to convict a person of a crime.

Elements of a Crime

1. A prohibited Act- The act is almost always defined by a statute- The law does not punish people for having a criminal

thought. THERE MUST BE AN ACT!- Failing to act may also be a crime- Actus rea – a wrongful deed which renders the actor

criminally liable if combined with….

2. Criminal intent- Mens rea- Usually falls into four categories- The most difficult element to prove

The four elements of a crime:

3. Concurrence of the act and the intent- The person has to intend the act when he or she commits it.- Sluggo and Nancy example

4. Causation- The act has to cause the harmful result.- Homer and Marge example

The four elements of a crime:continued

Criminal laws generally punish only those who have criminal intent. But what constitutes a guilty mind depends on the crime

The criminal intent required for most crimes usually falls into one of FOUR categories.

CRIMINAL INTENT

1. Specific intent

2. General intent

3. Criminal Negligence

4. Strict Liability

Criminal Intent

The easiest to define.

It means:◦ The person intended just the result that happened

Certain crimes, such as theft, require specific intent.

Example: Theft of a car

1. Specific Intent

It means:◦ The person either knew that the result would

happen or consciously disregard the extreme likelihood that it would happen.

Example: New Years Eve gunshot

2. General Intent

Means:◦ A person does some act unintentionally but with

an extreme lack of care.

Example: Drag Racing

3. Criminal Negligence

Means:◦ No mental state is required at all.◦ Anyone doing the act is guilty regardless of intent.

Almost all common-law crimes required some mental state.

Examples: Bigamy and running a red light

4. Strict Liability

Murder

Murder

Like all crimes, murder is made up of particular elements. These must be proved before a person can be convicted.

Murder at common law and under many statutes is the unlawful killing of a human being with malice aforethought.

Malice aforethought

Is the intent, or mens rea, element of this crime.

Malice aforethought is sometimes defined as an actual or implied intention to kill with no provocation by the victim.

Intent

Actual intent is found when the defendant consciously meant to cause another’s death. Implied intention exists when the defendant either:◦ Intended to cause great bodily harm

or

◦ Should have known that the act would result in death or great bodily harm.

Bell Ringer 09/10/2013

What are the four categories of Criminal Intent? Provide a brief Description of each.

Degrees of Homicide

First-degree murder Second-degree murder Felony murder Voluntary manslaughter Involuntary Manslaughter Vehicular homicide

First-degree murder A deliberate and premeditated killing done

with malice aforethought.◦ “deliberate” – means it is done with a cool mind, capable of

reflection

◦ “premeditated” – means the person actually reflected on the murder before committing it.

◦ “malice aforethought” – means that the killer had the intent to kill

◦ It takes all three elements to establish the specific intent for first-degree murder

Second-degree murder

A killing done with malice aforethought, but without deliberation and premeditation.

This covers all murders that are not first degree

Felony murder

A killing done while a person is committing a felony.

If the killing is done while committing certain felonies such as robbery, rape, arson, or burglary, it is classified as first degree.

Other felonies are considered second-degree

Voluntary manslaughter

An intentional killing committed without malice aforethought.◦ The killer must:

Be seriously provoked by the victim Act in the heat of anger, and Not have had an opportunity to cool off

The provoking act does not excuse the killing, but makes the crime a lesser degree than second-degree murder

Involuntary manslaughter

Is an unintended killing that takes place during a crime that is a misdemeanor.

It can also be a killing caused by criminal negligence.

Vehicular homicide

A crime recognized by many states.

It covers killings from automobile accidents when the driver is criminally negligent.

Bell Ringer09/11/2013 Identify all six types of homicides talked

about in class.

Briefly explain three of them

No Honor Among Thieves

Larceny

What is Larceny?

Is the usual legal word for THEFT.

It means taking without permission someone else’s property and intending not to give it back.

Two Categories of Larceny

Grand Theft◦ Means stealing property over a certain amount.

The amount varies from state to state. It is usually around $500.

◦ Grand Theft is a Felony Petty Theft

◦ Means stealing property worth less than that of Grand Theft.

◦ Petty Theft is a Misdemaenor

The Three main forms of Larceny Burglary

◦ Unlawful entry into any building with the intent to commit a crime

◦ Some states include breaking into cars. Robbery

◦ Is a crime against a person◦ It is the forcible stealing – the taking of a person’s

property by violence or by threatening violence. Armed Robbery

◦ Means using a dangerous weapon to take something from a person.

◦ Pretending to have a weapon is Armed Robbery◦ Is a more serious offense than robbery

Other forms of Stealing Embezzlement

◦ When people take property they have been entrusted with.

◦ Differs from larceny in that the person takes possession of the property legally

Fraud◦ Is knowingly misrepresenting a fact to get

property from another person.◦ Fraud is sometimes a crime in itself and more

often an element of other crimes, such as larceny by trick, false pretenses, forgery, and writing bad checks.

Other forms of Stealing (continued)

Extortion◦ Is making a threat with the intent of getting

property (money) from another person.◦ An extortionist can threaten violence. BUT if the

threat is immediate harm it is Robbery.

Receiving Stolen Property◦ Is against the law in every state.◦ The crime requires that the person knows or

should have known that the property is stolen.

Assignment #2 Turn to page 15 on your own due the class

activity on your own. DO parts A,B,C,D

This is due by the end of the hour.

Bell Ringer 09/12/2013

What is the difference between Robbery and extortion?

What is the difference between larceny and embezzlement?

Why do states make it illegal for a person to receive stolen goods?

Inchoate Crimes (Common Law) Is an incomplete crime

Principle in the first degree- Person who actually commits the Crime

Principle in the second degree- Person who was at or near the crime scene and helped commit the crime.

Accessory before the fact- person does not take part in the crime but help prepare for the crime

Now a days we label these people as an Accomplice Someone who aids another in committing a

crime.

An accomplice is just as guilty as the person committing the crime.

Accessory after the fact Someone that helps a felon after the crime

has been committed.

Three things need to occur for this to be a crime◦ The person must help the criminal avoid getting

caught or convicted◦ The felony must have already been committed.◦ The defendant must know about the crime and

intentionally help the criminal.

Attempt This is an Inchoate crime consisting of

three elements.1. A person must intend to commit a crime2. The person must take steps towards committing

a crime.3. The person must not actually commit the crime.

Conspiracy An agreement between two or more people

to commit a crime.

Un like attempt conspiracy does not require a substantial step towards committing the crime.

Solicitation Is an Inchoate crime that consists of asking,

ordering, or encouraging another to commit a crime.

The person making the solicitation must intend for the other person to commit the crime.

Answer questions on page 18 &19 #1,2,3,6,7

Bell Ringer09/18/2013 1. What are inchoate crimes? How do they

differ from most crimes? Explain

Crimes Against the Justice SystemThe criminal Justice System trust police

officers, attorneys, judges, jurors, witnesses, and other officials to act honestly and without improper interference from others.

That does not always happen.

Contempt of Court Contempt is when a person or people show

disrespect, disrupt, the court room, or fail to follow court order.

Two types of contempt Civil- usually involves not following court

orders, a fine is usually the penalty. Criminal-is a crime, and its purpose is to

punish those who disrupt or attack the integrity of the courts.

Criminal contempt The U.S. Code declares that federal courts have the

“power to punish by fine or imprisonment, or both” the following:

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

Perjury Perjury occurs when a person takes an oath

in cases that “a law of the United States authorizes an oath to be administered” and will fully makes statements that he believes or knows to be untrue.

A related crime is the subornation of perjury and it is when one person persuades another person to perjure themselves.

Witness Tampering U.S. Code outlaws, among other things,

using physical force or the threat of physical force to get a witness not to testify.

Jury Tampering The U.S. Code forbids anyone who

“corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petite” jurors from carrying out their duties.

It also outlaws any acts that are intended to “influence, obstruct, or impede, the due administration of justice,” such as influencing the outcome of a jury trial by deliberately disseminating information within the earshot of the jurors,

Obstruction of Justice Interference with the orderly administration

of law and justice.” This means that obstruction of justice can

encompasses many of the crimes we have already discussed.

To Prove Obstruction of Justice the government must…..◦1) a judicial proceeding is pending

◦(2) the defendant knows about the judicial proceeding

◦ (3) the defendant acted in such away intending to corruptly influence or impede the proceeding.

Notice that the person does not have to succeed in influencing the case.

Bribery Bribery occurs when a person gives

something of value, such as gifts or money, to public officials with the intention of influencing such officials.

To establish a bribery case, the government must prove that the person offering the bribe intended to influence an official action. The government does not have to prove that the official accepted the bribe.

Answer The questions on page 25 1,2,3,5

Bell Ringer 09/19/2013 Explain Perjury and give an example of it.

Bell Ringer 09/20/2013 What are hate crimes?

What is a cyber crime?

Hate Crimes any crime committed against a person or a

person’s property motivated because of the person’s race, religion, nationality, or ethnicity.

Cyber crime encompasses any criminal act dealing with

computers and networks. Additionally, cyber crime also includes traditional crimes conducted through the internet.

Hacking is electronically breaking into or disrupting computer systems.