Basic Principles ofCriminal Law

1Good morning, I am LTC (retired) Cindy Gleisberg, Command Judge Advocate, former U.S. Army Combat Readiness/Safety Center. Today I will be teaching lessons on our Legal System. I will discuss seven different legal topic including Introduction to the Legal System, Mission and Function of the Staff Judge Advocate Office, Torts Law, Claims Against the United States, Basic Principles of Government Contract Law, Basic Principles of Criminal Law, and Environmental Law. I will be provide an overview of each. Hopefully, at the end of my instruction you will be able to identify legal issues when they arise and report to your local Judge Advocate office for assistance.

GeneralCorpus DelictiLesser included offensesThe concept of mens rea vs. actus reaIntent vs. motiveCausationPunishmentDefinition of a Crime

2Essential Elements of a CrimeCriminal intentSpecific intent General intentCriminal laws state the required intentStrict or absolute liabilityNo finding of mens rea requiredOften imposed by regulatory statutes, such as environmental laws

3There are two types of criminal intent specific and General. The criminal statute tells you which type of intent is required. Specific intent means the accused purposefully, intentionally, or with knowledge commits a wrong. General intent means the accused behaved recklessly or negligently. There is also strict liability. No mens rea is required in strict liability cases. One is absolutely liable if he/she violate the statute.

Criminal intentspecific intent the accused purposefully, intentionally, or with knowledge commits a prohibited actGeneral intent where there is a showing of recklessness or a lesser degree of mental culpabilityCriminal laws state the required intentStrict or absolute liabilityNo finding of mens rea requiredOften imposed by regulatory statutes, such as environmental laws

Essential Elements of a CrimeCriminal actactus reus (guilty act)Criminal intentmens rea (evil intent)

4Criminal actactus reus (guilty act)The defendant must have actually performed the prohibited actCriminal intentmens rea (evil intent)To be found guilty, the defendant must be found to have possessed the requisite state of mind (i.e., specific or general intent) when the act was performed

Felony vs. misdemeanor Preliminary crimesSolicitationConspiracyThe overt act requirement for a conspiracyLiability for conspiracyAttemptsAider and abettorAccessory after the fact

Classification of Crimes

5Crimes against the personCrimes against propertyCrimes against public order / moralsClassification According to Victim

6GeneralStatute of limitationsFormer jeopardyEx post facto prohibitionLimitations on Prosecution

7Constitutional Safeguards4th AmendmentUnreasonable search and seizure5th AmendmentProtection against self incriminationImmunity from prosecutionGovernment agrees not to use any evidence given by a person granted immunity against that personOnce immunity given, cant invoke the 5th Amendment privilege

8Constitutional safeguards are protections or rights afforded a person accused of committing a crime. These rights must be given to an individual accused of a crime. If not, the evidence cannot be used or the accused sentence may be overturned.

The 4th amendment protects against unreasonable searches and seizure. It says you must have a warrant before searching someones person or property. There are exceptions to a warrant is the consent search and plain view.

Exclusionary rule excludes evidence obtained in violation of the 4th amendment. Fruit of the Poisonous Tree- if you would not have discovered without the illegal search, it is withheld. Unless you can show that the evidence would have eventually been discovered.

Under the 5th amendment afford an accused/suspect the right to remain silent and not answer questions.

If there is more than one defendant, the Government may offer one a grant of immunity in exchange for his testimony against a co-accused. Once immunity is grant. The accused may not invoke his 5th amendment rights. The government may still prosecute the individual, but cannot use his testimony against him.

Constitutional Safeguards5th AmendmentPrivileged communications protectedAttorney-clientPsychiatrist/psychologist-patientPriest-penitentSpouse-spouseParent-childDouble jeopardyProtects persons from being tried twice for the same crimeApplies to same sovereign

9Other rights afforded under the 5th amendment are privileged communications and Double jeopardy. Privileged communications protect any communications between the above groups of individuals. Double jeopardy protects a person from being tried twice for the same crime. This does not prohibit the federal government and state government from trying an individual for the same crime because they are different sovereign (Michael Vick).

Constitutional Safeguards6th AmendmentRight to a jury trialRight to confront (cross examine) witnessesRight to counselRight to have a speedy trialCivilian - The Speedy Trial Act requires that a criminal defendant be brought to trial within 70 days after indictmentMilitary 120 after the earlier of preferral of charges or imposition or restraint

10The 6th amendment affords an individual the right to a jury trial, right to counsel, right to confront witness and right to a speedy trial. An individual suspected of committing an offense must be advice of his right to counsel and 5th amendment right to remain silent before the individual is question. If the suspect is not informed of his rights, any statement derived from the questioning may not be used in court.

Constitutional Safeguards8th AmendmentProtection against cruel and unusual punishmentProhibits tortureProhibits abusive punishmentDoes not prohibit capital punishment

11The 8th amendment protect us against cruel and unusual punishment such as torture. It does not protect against capital punishment. While it does not protect against capital punishment, the U.S. supreme Court and some state court have decided that certain forms of capital punishment are cruel and unusual. For example, electric chair and hanging. Killing an individual who was mentally retarded at the time of offense.

IntoxicationInsanityAccidentImpossibility / InabilityCoercion / DuressDefenses to Criminal Liability

12AlibiSelf-defenseEntrapmentMistake of factDefenses to Criminal Liability - Continued

13Impact of OSHA Criminal Provisions of OSHACriminal laws dealing with negligence /safety violationsWillful disobedience of ordersDereliction of dutyDrunken or reckless drivingMilitary property of the United StatesNegligent homicideInvoluntary manslaughterWanton murder

Safety Implications of Criminal Law

14General OSHA provisionsPenalties for OSHA violationsTypes of violationsWillfulRepeatedSeriousImpact of OSHA violation on state criminal prosecutionImpact of OSHA Violations on Criminal Prosecution

15Provisions of Environmental Protection LawsClean Air Act of 1970Federal Water Pollution Control Act / Clean Water ActComprehensive Environmental response, Compensation and Liability ActResource Conservation and Recovery Act National Environmental Policy ActToxic Substances Control ActSafety Implications of Criminal Law

16Mens rea requirements of environmental criminal provisionsNegligent violationsKnowing violationsKnowing endangerment violationsExtent of criminal liability under environmental statutesLevels of involvementDirect involvementIndirect involvementThe Responsible Corporate Officer Doctrine

Environmental Protection Laws

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Questions

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