Unit 2 Review

Criminal and Juvenile Justice

Strict Liability

• Does not require intent

• Strict liability offenses make the act a crime regardless of the knowledge of the person committing the act.

• Ex: It is illegal to sell alcohol to individuals under the age of 21 regardless if the seller knew the person was underage or not

Motive

• The reason a person commits a crime

Intent

• The actor intentionally meant to commit a crime

• Cannot be by mistake

Crimes of Omission

• A person may be liable for failing to act in certain situations

• Ex: Taxpayer does not pay taxes

Leaving the scene of an accident

Self Defense

• Reasonable force against unlawful attacks• Reasonable force to defend another person

from an attack that is about to occur• Cannot use more force than appears

necessary• If defender continues to attack after the

attacker is stopped, it is no longer self-defense

Infancy Defense

• Traditionally age 7 & under considered legally incapable of committing a crime

• Ages 7-14 usually go to juvenile court

Intoxication Defense

• Voluntary intoxication is usually NOT a defense

• May be used as a defense if mental state is in question

• Ex: Assault w/ intent to kill: If drunk, may argue there was no intent to kill, unless the person got drunk in order to work up his/her nerves to kill

Insanity Defense

• The defendant did not know what they were doing

• The defendant can not distinguish between right and wrong

• Insanity defense only applies is accused was insane at the time of the crime

Entrapment Defense

• Defendant admits to committing a crime but was induced or persuaded to commit the crime by law enforcement

Duress Defense

• Person commits a crime as a result of coercion or threat of immediate danger to life or personal safety.

• Lacks ability to exercise free will

Necessity Defense

• The individual is compelled to react to a situation that is unavoidable in order to protect life.

• Not a homicide defense

2 ways a suspect can be taken into custody

1. Arrest warrant

2. Probably cause

Arrest warrant

• Court order commanding that an individual is taken into custody

Probable Cause

• Reasonable belief that a person has committed a crime

• Vague guidelines, but some evidence must be present

Affidavit

• The sworn statement of facts and circumstances

• Needed to obtain search warrants

Plain View

• If an object connected with a crime is in plain view of where an officer has the right to be, it may be seized without a warrant

Hot Pursuit

• Fleeing suspect(s)

• Police not required to obtain warrant to enter a building where they believe the suspect might be

• Also lawful to seize evidence found during a search conducted while in hot pursuit of a suspected felon

Homicide

• The killing of one human being by another

Manslaughter

• The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Extortion

• Threats to obtain property

Burglary

• Breaking and entering a building with the intent of committing a felony.

Robbery

• Unlawful taking of property from someone’s immediate possession by force or intimidation

Theft

• Unlawful taking and carrying away of the property of another with the intent to steal it.

Battery

• Unlawful physical contact inflicted upon one person by another without consent

Assault

• Attempt or threat to carry out a physical attack upon another person

Accessory Before the Fact

• Orders a crime but doesn’t actually commit the crime (ex: orders someone to be murdered, does not actually commit the crime). Typically charged the same as the principal.

Accessory After the Fact

• Helps the principal or accomplice avoid capture or escape (helps principal or accomplice avoid capture or escape).

• Not charged with original crime but can be charged with harboring a fugitive, aiding an escape, or obstructing justice (sometimes called aiding and abetting)

Status offenses

• Acts that, if committed by adults, would not be considered crimes

• Ex: Running away from home

• Skipping school

• Violating curfew

• Refusing to obey parents

• Underage drinking

Delinquent offenses

• Acts that if committed by adults under federal, state, or local laws would be considered crimes.

Reason why the US implemented a juvenile justice system

• Society needed to take over the job that some parents were not doing

3 alternatives to juvenile detention

1. Home confinement with frequent unannounced visits and phone calls by probation officers or surrogates from nonprofit agencies

2. Day/evening reporting centers that provide more intensive oversight and structured activities

3. Shelters serving runaways, homeless children and other youth who need 24-hour supervision or custodial care