Chapter 4 Criminal Law & Procedures
Dec 16, 2015
Chapter 4
Criminal Law & Procedures
HOT DEBATE PAGE 64
Stages in the Growth of Law
What Stage of Law does the trial represent?
At what Stage of Law is Mark’s behavior?
Slide 3
Chapter 1
STAGES IN THE GROWTH OF LAW
Individuals free to take revenge Wild West, little kids, Gangs
Sovereign (Leader) acquires power……convinces the wronged to accept goods/money
Sovereign gives this power to a system of courts
Leader (central authority) acts to prevent/punish wrongs
From Chapter 1
Chapter 1
CIVIL LAW
Wrongs against individuals
Police do not take action
Seek remedy for wrongs done
Wrongs against society
Gov’t investigates/ prosecutes
Conviction results in fines/ imprisonment/ execution
Slide 4
CRIMINAL LAW
TORTS
From Chapter 1
ELEMENTS OF CRIMINAL ACTS
Duty
•To do or not do a certain action
Breach
•Failure to do duty is the criminal act
Intent
•Usually, but not always required to be proven
ELEMENTS OF CRIMINAL ACTS
Criminal Intent (cont.)Some minor crimes don’t require intentTraffic tickets
Intent may not mean intended consequences
Mens Rea – Guilty Mind
WHAT IS THE DIFFERENCE BETWEEN
The state of a person's mind that directs his or her actions toward a specific object
Reason behind the behavior
The goal or object of a person's actions
Money Revenge
Obsession
INTENT MOTIVE
CRIMINAL INTENT (CONT.)
Know the difference between right and wrongAges 0 to 7
Incapable of forming criminal intent Lack moral sense/understanding of action Laws vary state to state after that
Ages 7-14 Presumed incapable of committing crime
Can be disproved by showing child understood nature of act Illinois – can be tried as adult as early as 10
Insane: did not know right from wrong
RESPONSIBILITY FOR THE CONDUCT OF OTHERS
Can a Corporation have INTENT? If employees have criminal intent…….does the
corporation also have criminal intent?
McDonald’s Coffee Enron Wal-Mart Big Tobacco
If employee committed crime, can officers (corporation) be held accountable?
BP Alaska Oil Spill Costa Concordia
Classification of Crimes
Felony•Serious crime•Death, imprisonment (1 year +)•Murder, Rape, Kidnapping
Misdemeanor
•crime•Fine, confinement (up to 1 year)•Shoplifting, trespass, disorderly conduct
Infraction
•Minor crime•Fines or short time in jail•Littering, parking tix, violation of building codes
Dollar value of crime moves it from misdemeanor to felony
CRIMES AGAINST TYPES OF CRIME
A person Assault & BatteryKidnappingRapeMurder
Property TheftRobberyEmbezzlement
Gov’t & Administration of Justice
Tax EvasionPerjury
Public Peace & Order RiotingDisorderly Conduct
Realty BurglaryArsonCriminal Trespass
Consumers Fraudulent Sale of SecuritiesViolation of pure food and drug laws
Decency BigamyObscenityProstitution
Classification of Crimes
Classification of CrimesWhite Collar Crime
No force or violenceNo physical harm to person or
propertyTax evasionCollusionFalsifying insurance claimsPolitical corruption
Punishments are usually fines / imprisonment
Do we treat them differently?
BUSINESS RELATED CRIMESLarceny (theft)
Wrongful taking of money or personal property belonging to someone else
RobberyLarceny involving the use of force
BurglaryBreaking an entering with the intent to
commit a crime Usually stealing property
BUSINESS RELATED CRIMES
Receiving Stolen Property Knowingly receiving or buying What recourse does rightful owner have?
False Pretenses Type of fraud, victim parts voluntarily Bouncing a check
Forgery Altering writing in an attempt to defraud Common with checks / signatures
BUSINESS RELATED CRIMES
Bribery Unlawfully offering or giving
anything of value to influence performance of an official
Computer Crime Solicitation
Request to do something criminal Hiring a hit man
Extortion (blackmail) Obtaining money or property
through use of force or fear / intimidation
BUSINESS RELATED CRIMES
Conspiracy Agreement between two or more people to
commit a crime Arson
Willful and illegal burning or exploding of a building
RIGHTS OF THE ACCUSED
Founding Fathers believed it to be better for society to give individuals too much liberty than to allow the government too much power.
4th Amendment Unreasonable search &
seizures 5th Amendment
Bear witness against self
6th Amendment Right to representation Confront accusers
14th Amendment Due Process of Law
RIGHTS OF THE ACCUSED
P. 71 “What’s your Verdict?
Terms to KnowProbable Cause – reasonable grounds
for belief
DEFENSELegal position taken by an accused to defeat the charges against him/her
TYPES OF DEFENSES
Procedural How
rights/responsibilities can be legally exercised/enforced through the legal system
Were procedures followed correctly?
Substantive Defines rights &
duties
How do you disprove, justify or excuse the alleged crime?
PROCEDURAL DEFENSES
Obtaining EvidenceArrest – Miranda Warning?Questioning – Coerced
Confession?Trial – Sets up for appealPunishment – Directions from the
Judge
SUBSTANTIVE DEFENSES
Lack of Mental Capacity Insane – sufficiently mentally disturbed
M’Naghten Test NOT responsible IF at the time of the act did not
understand the nature and quality of the act
Involuntary Intoxication Voluntary is NOT a defense
Duress Wrongful threat that causes a person to perform
an act that they would not otherwise do
SUBSTANTIVE DEFENSES
Mistake – Ignorance is NOT a defense
Lack of Care –Breached a duty
Consent – NOT a defense Mercy killing
Drug Sales
SUBSTANTIVE DEFENSES
Self Defense Reasonable belief of immediate death/serious
harm
Attacker using unlawful force (as opposed to lawful police force)
Victim did not begin/cause attack
Florida “Stand Your Ground”
SUBSTANTIVE DEFENSES Entrapment
when police officers coerce or induce someone into committing a crime
Why isn’t “Bait Car” entrapment?
Government agents do not entrap defendants simply by offering them an opportunity to commit a crime. Judges expect people to resist any ordinary temptation to violate the law. An entrapment defense arises when government agents resort to repugnant behavior such as the use of threats, harassment, fraud, or even flattery to induce defendants to commit crimes.
SUBSTANTIVE DEFENSES Immunity
Freedom from prosecution even when one has committed the crime charged
Diplomatic – allow foreign representatives to work in host country without fully understanding all customs
Prosecutorial – removes the privilege against self-incrimination
Refusal to testify with Immunity? Contempt of Court – action that hinders action of the
court
Statute of Limitations – time period a state can prosecute a crime Limit time living under threat Difficulty uncovering the truth (evidence, witnesses)