Law, Justice, and Society Chapters 8, 9, 10 Crime and Criminal Law.

Law, Justice, and Society

Chapters 8, 9, 10

Crime and Criminal Law


Criminal law, a.k.a. substantive law, is the law of crimesDefined by statute prescriptions proscriptions

Enforced by the statePrimary purpose is to protect the public from harm by punishing harmful acts that have occurred and seeking to avoid harm by forbidding conduct that may lead to it


“[A]n intentional act in violation of the criminal law committed without defense or excuse, and penalized by the state” (Tappan 1947, 100)

1.An act in violation2.Of a criminal law for which 3.A punishment is prescribed; 4.The person committing this action must have

intended to do so5.And to have done so without any legally

acceptable defenses or justifications

What Is Crime?

Crime and Criminal LawCrime as a Subset of Harmful Acts

Core offensesMala in se

All crimesMala in se and mala prohibita

All social harmNot regulated by criminal law

All harms


Mala in se: Crimes that are considered bad in of themselves

Mala Prohibita: Crimes that are considered crimes because we have placed restrictions on them


State and federal constitutionsState and federal statutesCommon law codified in most states mid-1800s

Federal law is growing source of criminal lawStatutes define elements (various parts) of a crime more specifically than common law

Sources of Criminal Law


Substantive due process: There are limits to what conduct the law may seek to prohibitForbids passage of laws that infringe on the rights of individuals free speech assembly

Overbreadth doctrine: Laws are unconstitutional when they fail to narrowly define the specific behavior to be restricted

Limitations on the Criminal Law


Void for vagueness: laws are unconstitutional if they fail to clearly define the prohibited act and the punishment in advanceFair notice: letting people know what is and is not permittedMust not restrict due process: laws must be enforced fairly and non-arbitrarily Must not restrict equal protection: laws cannot restrict the rights of members of suspect classifications

Limitations on the Criminal Law (cont.)


Cruel and unusual punishment: punishments must be proportional to the crimeEx post facto laws: people cannot be penalized for behavior which was not illegal at the time they acted; penalties cannot be increased after the crime has been committed ex post facto laws do apply retroactively if they are

beneficial

Bills of attainder: laws that impose punishment without trial

Limitations on the Criminal Law (cont.)


Elements must be present for criminal liability to attachActus reusMens reaConcurrenceCausationHarmMake up the corpus delicti

Elements of Criminal Offenses


The guilty act; three forms:Voluntary bodily movementsAn omission in the face of a duty to act failure to perform a legal duty failure to prevent serious harm when a

special relationship exists

Possession if the person has some knowledge that their

possession is illegal

Actus Reus (Criminal Act)


Guilty mind; inferred from circumstances surrounding the criminal actFour levels:1. Purposeful2. Knowing3. Reckless4. NegligentDoctrine of transferred intent

Mens Rea (Criminal Intent)


The union of the criminal act and the criminal intent (actus reus and mens rea)

Concurrence


The criminal act is the act that is the cause of the harm2 types:1. Factual cause: “but for” the actor’s conduct the harm would not have occurred2. Legal cause: consequences of an act which are not reasonably foreseeable to the actor (intervening causes) relieve the actor of some degree of criminal liability

Causation


The result of the act, the injury to another or to society

Harm


Strict liability: imposes accountability without proof of criminal intent in situations where society deems it fair to do soStatutory rapeVicarious liability (only civil law) : the imputation of accountability from one person to another

Liability Without Fault


Crimes that occur in preparation for an offenseThree types: attempt solicitation conspiracy

Inchoate Crimes


Doctrine of complicity—where more than one person may be held liable for criminal activity Requires that all criminal elements be present Common law recognizes four parties to a crime:

1.Principles in the first degree

2.Principles in the second degree

3.Accessories before the fact

4.Accessories after the fact

Parties to Crime


Defense is a response by the defendant which allows them to avoid criminal liabilityAlibi: defendant asserts that they did not commit the crimeAffirmative defenses: defendant admits that they committed the act, but deny criminal liability Shifts both the burden of production and persuasion to the defense (preponderance of the evidence)

Defenses to Criminal Liability


A defense in which the defendant admits they are responsible for the act, but claims that under the circumstances the act was not criminalSelf-defenseConsentExecution of public duties

Justification Defenses


Use of force to repel an imminent, unprovoked attack, in which they reasonably believed that they were about to be seriously injured

May only use as much force as is necessary

Retreat doctrine: a person must retreat rather than use deadly force if doing so is possible

Castle doctrine: persons attacked in their home need not retreat

Can also apply to the defense of others and property

Self-Defense


Persons may content to suffer what otherwise would be an objectionable injuryConsent must be voluntary, knowing, and intelligent

Consent


Agents of the state are permitted to use reasonable force in the lawful execution of their duties

Execution of Public Duties


One in which the defendant admits that what they did was wrong but that under the circumstances they are not responsible for their improper conduct duress intoxication age insanity

Excuse Defenses


Situations involving the threat of serious, imminent harm to oneself, where the act is less serious than the threatened harmThose forced to commit a crime in such circumstances do not act voluntarily eliminates actus reus eliminates mens rea

Duress


Voluntary and Involuntary Voluntary never leads to acquittal; may only mitigate Involuntary may work as a defense as the person is not responsible for their actions

Intoxication


Persons below a certain age lack the capability to form mens rea

Age


Impairs mens reaMental illness and legal insanity are not the same M’Naghten rule—right wrong ruleDurham test—product testIrresistible mpulse testSubstantial capacity testGBMI- from Insanity Defense Reform Act of 1984

Insanity


It is claimed that the defendant’s due process rights were violatedDouble jeopardy, denial of speedy trial, use of illegally seized evidenceEntrapment in one of two scenarios (Sherman v. U.S. 1958)1. The crime is the result of the “creative activity” of law enforcement2. The prosecutor cannot prove beyond a reasonable doubt that the defendant was “independently predisposed” to commit the crime

Procedural Defenses


Crimes against the personCrimes against propertyCrimes against societyCrimes against morality

Categories of Crime


Homicide means the killing of another human being what is a human being? When is someone alive or dead? What types of homicide deserve punishment?

3 forms of criminal homicide: murder manslaughter negligent homicide

Homicide and Manslaughter


Common law: the killing of another person with malice aforethoughtModel Penal Code: murder is a killing which occurs 1) purposefully, 2) knowingly, or 3) recklessly First-degree murder: deliberate and premeditatedSecond-degree murder: any killings that are intentional but not premeditated or planned

Murder


Voluntary an intentional killing which occurs

under a mistaken belief that self-defense is needed

or in response to adequate persuasion while in the sudden heat of passion

Involuntary an unintentional killing occurs as a result of a

reckless act

Manslaughter


An unintentional killing in which the defendant should have known that they were creating a substantial risk of death by their conductSuch conduct deviated from the ordinary level of care owed to others

Negligent Homicide


An individual is held liable for an unintended killing which occurs during the commission of a dangerous felonyNo requirement of intent to either kill or inflict serious harm

Felony Murder


Direct harm to a person inflicted by the actor include: assault and battery robbery sexual offenses child sexual abuse

Assaultive Offenses


Common law: assault: an attempt or a threat to inflict immediate

harm battery: an unjustified, offensive physical contact

Modern assault and battery: assault and battery have been merged as “assault”

Aggravated assault: serious injury or assault with an itemAccount for 62.5 percent of all UCR Part I violent crimes

Assault and Battery


Rape common law: carnal knowledge by a man of a woman

who is not his wife, forcibly and without her consent modern day: eliminated marital rape exception,

neutralized gender specificity, relaxed resistance requirements, and created rape shield laws during criminal court

Child sexual abuseDeath penalty cannot be used in rape cases, except in some states where capital punishment for raping children is allowed

Sexual Offenses


“Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.” (FBI 2005, 61).First degree: burning of an occupied structureSecond degree: burning of an unoccupied structureThird degree: burning of personal property

Arson


BurglaryTrespassTheft

Crimes Against Property


“[T]he unlawful entry of a structure to commit a felony or theft” (FBI 2005, 45)Seventeenth century: the breaking and entering of the dwelling of another at night with the intention of committing a felony inside the dwellingToday: burglary can occur during the dayNot entry alone -- must be unlawful entry accompanied by intent to commit another crime inside

Burglary


Crimes against property (theft) are more common than crimes against the person88.3 percent of crimes reported to the police were property crimes (2005 UCR)

Theft Offenses


“The unlawful taking, leading, or riding away of the possession or constructive possession of another” (FBI 2005, 49).Larceny is graded depending on method of taking and the value of the property takenGrand theft vs. petty theft (felony and misdemeanor)

Larceny/Theft


“The taking or attempted taking of anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or putting the victim in fear” (FBI 2005, 31).Often classified as a violent crimeExtortion: a taking of property accomplished by the threat of future harm to person, property, or reputation

Robbery


Crimes against public order are those in which the injury is to the peace and order of society

disorderly conduct unlawful assembly vagrancy

Crimes against morality are those in which the moral health of society is injured adultery prostitution obscenity

Crimes Against Public Order and Morality

Law, Justice, and Society Chapters 8, 9, 10 Crime and Criminal Law.

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Transcript of Law, Justice, and Society Chapters 8, 9, 10 Crime and Criminal Law.