Chapter 3Criminal Law

Criminal LawRule of Law:

-behavior set

-rules/procedures-define/prohibit-certain behaviors as illegal -prescribe punishments-equally applied

Criminal Law3 Categories:

1.Civil

2.Criminal

3.Administrative

Criminal LawHow are laws made?

Balance of Power:

-legislative

-executive

-judicial

Criminal LawWhy pass laws?-forbid conduct harm to society

-control criminals

-protect non-criminal behavior

-fair warning

-serious v. minor crimes

Criminal LawMala in se: harmful to society

Mala phohibita: law/not harmful/inherently evil

Criminal LawSources of laws: State/Federal levels

Constitution:-beginning-amendments-criminal codes

Criminal LawCriminal Codes:-legislators pass-executive sign

Common law: (state level)-passed down from England-written laws simple-judicial interpretation

Criminal LawTwo types?

Felony

Misdemeanors

Criminal LawState Laws:

-autonomous

-preserve rights of US Constitution

-can add rights

Limits of Criminal Law1. Principle of legality-no law/no crime2. Ex post facto-after the fact3. Due process-substantive-limits power of govt-procedural-established procedures/equally4. Void for vagueness-clear

Limits to Criminal Law5. Right to privacy-personal privacy

6. Void for over breadth-go too far

7. Cruel/Unusual-punishment fit crime

Elements of a crimeDO NOT WRITE DOWN!!!!

(1) A person is guilty of murder in the first degree when:

     (a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

     (b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

     (c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

     (i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

     (ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

     (iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

     (iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

     (2) Murder in the first degree is a class A felony.

WA RCWClass A Felony: no less than 20

Class b Felony: No less than 10

Class C Felony: No less than 5

Gross Misdemeanor: No more than 364 days (jail)

Misdemeanor: No more than 90 days (jail)

Criminal LawActus Reas:-criminal act

Mens Rea:-criminal thought

Must have both to be criminal violation

Criminal LawIntent:-Purposely/intentionally

-Knowingly

-Recklessly

-Negligently

Criminal LawIncomplete crimes: (inchoate)

-beyond thought-crime not completed

Attempted crimes:-closest to completion

-increased punishment

Criminal DefensesAlibi-somewhere else

Consent of victim-limited

Entrapment-police actions caused

Criminal DefensesImmunity-Diplomatic

Duress-no free will

Ignorance of law-rarely works

Criminal DefensesNecessity-lesser of two evils

Self Defense-affirmative defense

Youth-< 7

Criminal DefensesInsanity-not responsible at time of crime

Crimes against PersonsMurder-1st degree: premeditated/deliberate-2nd degree: no premeditation/but intent

Manslaughter: no intent-voluntary

-involuntary-vehicular

Crimes against PersonsRape/Sexual assault:-consent

Kidnapping-moving by force

Robbery-force/threat

Larceny-no force

Battery/assault-physical contact

Crimes against PropertyBurglary-property of another

-commit a crime

Arson-burning/attempt