Chapter 6. The Nature of Crimes Crimes are public wrongs, and are classified as being: Felonies ...
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Transcript of Chapter 6. The Nature of Crimes Crimes are public wrongs, and are classified as being: Felonies ...
The Nature of Crimes
Crimes are public wrongs, and are classified as being: Felonies Misdemeanors Summary or petty offenses.
The Nature of Crimes
The Essentials of Crime Prior Statutory Prohibition
Ex post facto laws Proof Beyond a Reasonable
Doubt
ACTUS REAS V. MENS REA
State of Mind can be General intent Specific intent Transferred intent Criminal negligence
Homicide
MURDER 1st°
Willful & premeditated Felony murder
Death during the commission of a violent crime
2nd ° Intentional, but not
premeditated or planned
MANSLAUGHTER Voluntary
No prior intent “heat of passion”
Involuntary Unintentional Reckless or criminally
negligent Homicide by vehicle
Infancy At common law
<7 could not commit a crime 7-14 presumption against the ability to
commit a crime Over 14, tried as adult
In Georgia today Usually a juvenile proceeding if <17, or <21 but committed before 17, or <18 if status offender But if crime is serious, can be tried like
any adult.
Insanity
M’Naughten Rule (1843) Defendant did not know the nature
and quality of his/her actions, or Did not know what he/she was
doing was wrong
Insanity- other tests
Irresistible Impulse Absolves a defendant who can distinguish right
and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong. (This test is also known as the "policeman at the elbow" test: Would the defendant have committed the crime even if there were a policeman standing at his elbow?).
The Durham/New Hampshire Test Defendant is entitled to acquittal if the crime
was the product of his mental illness (i.e., crime would not have been committed but for the disease). The test, also called the Product Test, is broader than either the M'Naghten test or the irresistible impulse test.
Guilty, but mentally ill
In Georgia, defendant is turned over to corrections who can send him/her for mental treatment.
The Nature of Crimes
Criminal Procedure Protection Presumption of Innocence Exclusionary Rule Probably Cause Requirement Prohibition against Double Jeopardy Miranda Warning Trial by Jury Right of Confrontation No Cruel and Unusual Punishment
Constitutional protections in a criminal case 4th amendment:
No unreasonable searches & seizures 5th Amendment : self-incrimination
No double jeopardy Due process
6th Amendment Speedy and public trial by jury Informed of crime Confront witnesses Compel witnesses to testify Representation by counsel
8th amendment No cruel and unusual punishment
14th amendment applies these to the states
Arrest Probable cause Neutral & detached magistrate Flight alone is not enough
Report of crime, description of perpetrators Arrest without a warrant?
Committed in police presence No time Must still have probable cause
Search follows arrest If arrest wasn’t legal, search isn’t legal
Stop and frisk Armed and dangerous Genuinely concerned for safety of self and
others
Search & seizure Must have probable cause to believe an item is
in the place being searched Must get a warrant from neutral & detached
magistrate whenever possible Make application which includes
Identity of items Description of premises Name of owner Crime Facts that indicate how police know probable cause
exists Anonymous tip isn’t enough. Must indicate that
informant is reliable How does he/she know the items are there? Used informant before
Search & seizure
Search without a warrant Consent Incident to lawful arrest
Search person and area within immediate control
Looking for weapon No time-hot pursuit
Search & Seizure
Plain view What is the effect on case if
arrest/search are not legal? Any evidence illegally obtained must be
SUPPRESSED This is the EXCLUSIONARY RULE
Fruit of the poisonous tree doctrine
If the tree (arrest/search) is illegal, the fruit from it is also illegal
Miranda Warnings
When arrested, must be given Before any custodial interrogation If the suspect decides to waive
his/her rights, waiver must be KNOWING, INTELLIGENT AND VOLUNTARY
The Nature of Crimes
Crimes and People in Business White-collar Crime
Today, corporate officials and agents may be held liable for crimes that they personally commit, for crimes they aid or abet, and for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control
The Sarbanes-Oxley Act of 2002 RICO The Foreign Corrupt Practices Act