© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Chapter 3
Policing:
Cri...
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
3.1 Explain the nature ...
3.1
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes:
Summarize the ...
Laws regulate relationships, channel and constrain human
behavior, contribute to public order, maintain values, sustain
po...
Definitions
5
Law - A rule of conduct, generally found enacted in the form of a
statute, that proscribes or mandates certa...
US Constitution – Art. VI
Supremacy Clause
State constitutions – can
give more rights, not less,
than US Constitution
Stat...
7
Common Law3.1
• Originally unwritten – Based on customs and traditions handed down
from generation to generation, rather...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.2
Define the rule...
The Rule of Law
9
Rule of law
– The maxim that an orderly society must be governed by
established principles and known cod...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.3
Summarize the v...
11
Types of Law: Criminal vs. Civil Law3.3
Criminal law addresses wrongs committed
against society, compromising public or...
12
Types of Law: Administrative3.3
Administrative Law
– The body of regulations that governments create to
control the act...
13
Types of Law: Criminal Law3.3
• Criminal Law – The body of rules and regulations (statutes,
interpreted by courts) that...
Types of Law: Civil Law – Torts
14
• Torts (Civil Wrongs)
– Not a crime, so no state prosecution – plaintiff sues
defendan...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.4 Describe the fi...
16
Types of Law: Felony, Misdemeanor,
Offense3.4
Felony
• Felony – A crime punishable by death or at least one year of
imp...
17
Types of Law: Treason and Espionage3.4
• Treason – A US citizen’s acts to help
a foreign government overthrow,
make war...
18
Types of Law: Inchoate Offenses3.4
• Inchoate (incomplete/partial) offense – An offense not yet
completed. An offense t...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.5
Describe the ei...
Eight General Features of Crime3.5
CausationConcurrenceMens ReaActus Reus
Necessary
Attendant
Circumstances
PunishmentLega...
21
3.5
• The criminal act (Actus Reus)
1. A guilty act or omission
• Crime of commission – murder, assault, rape, etc.
• C...
Mens Rea (Guilty Mind)3.5
22
Guilty mind (Mens Rea) – The state of mind that accompanies a criminal
act. Required element ...
Examples of Mens Rea3.5
Concurrence3.5
Crime
Actus Reus
Mens ReaConcurrence
1. Actus reus –
an act in
violation of
the law; and
2. Mens rea – a
cu...
25
3.5
• Causation
For guilt to exist, the concurrence of a guilty mind and a
criminal act must cause harm
– Legal cause
•...
26
3.5
• Legality
– Laws and their punishments must be in writing before
an offense occurs to make it illegal
– Highlights...
27
3.5
• Necessary attendant circumstances
– The facts surrounding an event
– Includes such things as time and place
– May...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.6
Explain what is...
Statutory Elements of an Offense3.5
29
To satisfy the conceptual
elements and features just
discussed, courts will instruc...
Actus Reus + Mens Rea = Corpus Delicti3.6
30
The corpus delicti of a crime literally means “the body of the
crime.” These ...
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.7
Compare and con...
4 Defenses to a Criminal Charge3.7
32
– D denies committing crime, claims s/he could not have
committed the crime, as s/he...
Mental defenses
Defense claims inability to meet mens rea3.7
33
1. M’Naghten Rule – Dan M’Naghten, suffering vague delusio...
Procedural Defenses
3.7
34
1. Entrapment – where agents initiate the idea or improperly
induce one to commit a crime
2. Do...
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
3.1
3.2
3.3
3.4
Types o...
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ADMJ2 - Intro to ADMJ - Chapter 3

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  • Actus reus is an act in violation of the law, called a “guilty act”, and includes both an action taken, or a failure to act.
    Crimes of commission involve an act the law prohibits.
    Such as murder, rape, and shoplifting.
    Crimes of omission involve failure to act when the law requires an individual to take action.
    Such as child neglect or failure to file taxes.
    One can “think” about committing a crime, but without engaging in the illegal act, thinking alone is not enough to make it a crime.
    Ex: Someone caught w/drugs can be arrested, while one who admits being a drug user (e.g., on a TV talk show) can’t, on that basis alone.

    TT:
    The key to begin this discussion is to provide a “real life example” and walk them through the process
    This can also hit the issue of discretion in terms of what goes to trial and what doesn’t
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  • ADMJ2 - Intro to ADMJ - Chapter 3

    1. 1. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Chapter 3 Policing: Criminal Law Scott Moller, JD Introduction to Administration of Justice
    2. 2. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 3.1 Explain the nature and purpose of law. Discuss the nature of the rule of law, and describe its importance in Western democratic societies. Describe the five categories of crime. CHAPTEROBJECTIVES Identify the various categories or types of law, and explain the purpose of each. 3.2 3.3 3.4 Describe the eight general features of crime. Discuss the four broad categories of criminal defenses that our legal system recognizes. Explain what is meant by the elements of a specific criminal offense. 3.5 3.6 3.7
    3. 3. 3.1 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes: Summarize the purpose, primary sources, and development of law.
    4. 4. Laws regulate relationships, channel and constrain human behavior, contribute to public order, maintain values, sustain power, and punish and rehabilitate offenders. What do laws do?3.1 1. Maintain order in society 2. Regulate human interaction 3. Enforce moral beliefs 4. Define the economic environment 5. Support the powerful 6. Promote orderly social change 7. Sustain individual rights 8. Redress wrongs 9. Identify wrongdoers 10. Mandate punishment & retribution
    5. 5. Definitions 5 Law - A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior Statutory law - The written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws Penal code - The written, organized, and compiled form of the criminal laws of a jurisdiction Case law - The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts Common law - The body of law originating from usage and custom rather than from written statutes. The term refers to an unwritten body of judicial opinion, originally developed by English courts. 3.1
    6. 6. US Constitution – Art. VI Supremacy Clause State constitutions – can give more rights, not less, than US Constitution Statutes – federal and state codes Agency Regulations – administrative codes, e.g., DOT, IRS Case law – courts interpret codes and past decisions Common law – unwritten, judge-made law; underlies many US legal doctrines Where do our laws come from?3.1
    7. 7. 7 Common Law3.1 • Originally unwritten – Based on customs and traditions handed down from generation to generation, rather than from written statutes • Judge-made – English judges created, refined and changed the law through actual decisions, ruling on cases before them • Eventually written, including the rationale for the decision, for other courts to handle future similar cases in the same way, as legal precedent. • Precedent – A legal principle that previous judicial decisions are authoritatively considered and incorporated into future cases. Lower courts must follow precedent. Higher courts can overrule or modify lower courts’ decisions. • Stare decisis - “standing by decided matter,” is a legal principle binding courts, in subsequent cases on similar issues of law and fact, to follow their earlier decisions, and those of higher courts having jurisdiction over them, as precedent.
    8. 8. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.2 Define the rule of law, including its importance in Western democratic societies.
    9. 9. The Rule of Law 9 Rule of law – The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members – Sometimes referred to as the supremacy of law – The greatest political achievement of our culture – The foundation of liberties in the Western world ABA notes that the rule of law includes these elements: – Freedom from private lawlessness/anarchy – Highly objective formulation of legal norms – Even-handed application – Legal devices for the attainment of individual and group objectives – Substantive and procedural limitations on governmental power 3.2 Jurisprudence – The philosophy of law or the science and study of the law, including the rule of law
    10. 10. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.3 Summarize the various categories of law, including the purpose of each.
    11. 11. 11 Types of Law: Criminal vs. Civil Law3.3 Criminal law addresses wrongs committed against society, compromising public order. Civil law governs relations between parties (between and among people and/or entities). 1. Civil Rights 2. Contracts 3. Employment Law 4. Environmental Law 5. Family Law – divorce, child support, etc. 6. Real Property 7. Wills & Estates 8. Torts
    12. 12. 12 Types of Law: Administrative3.3 Administrative Law – The body of regulations that governments create to control the activities of industries, businesses, and individuals – Tax laws, health codes, vehicle registration laws, etc.
    13. 13. 13 Types of Law: Criminal Law3.3 • Criminal Law – The body of rules and regulations (statutes, interpreted by courts) that define the nature of, and punishments for, wrongs committed against the state or society. Also called penal law. • Substantive Criminal Law –defines crimes and specifies punishments, e.g., murder, rape, robbery, assault; deals with the conduct of the offender • Procedural Criminal Law – The part of the law that specifies methods for enforcing substantive law; deals with the conduct of the state, to ensure compliance with the US Constitution, e.g., search and seizure, arrest, etc., particularly found in the 4th, 5th, 6th and 8th Amendments. For more info, see: FRCP, FRE
    14. 14. Types of Law: Civil Law – Torts 14 • Torts (Civil Wrongs) – Not a crime, so no state prosecution – plaintiff sues defendant – A private or civil wrong or injury – A wrongful act, damage, or injury not involving a breach of contract 3.3
    15. 15. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.4 Describe the five categories of crimes and their characteristics. 1. Felony 2. Misdemeanor 3. Offense 4. Inchoate Offense 5. Treason & Espionage
    16. 16. 16 Types of Law: Felony, Misdemeanor, Offense3.4 Felony • Felony – A crime punishable by death or at least one year of imprisonment. Convicted felons typically lose the right to vote, hold public office, enter certain professions, possess a firearm, serve on a federal jury, or enlist in the armed forces. • Misdemeanor – A crime punishable by one year or less of imprisonment. Sometimes divided into gross (6-12 mos) and petty (<6 mos) misdemeanors. A misdemeanor must generally take place in front of an officer or a civilian witness who signs a complaint for the arrest to occur • Offenses/Violations/Infractions – Minor offenses usually ticketable and punishable by a fine only. CA law allows felons to vote after release from probation or parole. (CA Const., art 11, sec 4.) CA Penal Code sec. 17(b)(3) allows some felons (alternate felony/misdemeanor and granted probation) to later petition the court to have the conviction declared a misdemeanor for all purposes.
    17. 17. 17 Types of Law: Treason and Espionage3.4 • Treason – A US citizen’s acts to help a foreign government overthrow, make war against, or seriously injure the US. The attempt to overthrow the government of the society of which one is a member. • Espionage – Gathering, transmitting, or losing information related to the national defense, in such a manner that the information becomes available to enemies of the US. Treason is the only crime specifically mentioned in the US Constitution.
    18. 18. 18 Types of Law: Inchoate Offenses3.4 • Inchoate (incomplete/partial) offense – An offense not yet completed. An offense that consists of conduct that is a step toward the intended commission of a crime. • Conspiracy – When one conspires to commit a crime; an act undertaken in furtherance of the conspiracy is basis for arrest and prosecution. • Attempt – Example: a person wearing a ski mask and carrying a crow bar, flashlight and gun, while peering into the back door of a stranger’s house may be arrested for attempted burglary.
    19. 19. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.5 Describe the eight general features of crime.
    20. 20. Eight General Features of Crime3.5 CausationConcurrenceMens ReaActus Reus Necessary Attendant Circumstances PunishmentLegality Resulting Harm
    21. 21. 21 3.5 • The criminal act (Actus Reus) 1. A guilty act or omission • Crime of commission – murder, assault, rape, etc. • Crimes of omission – child neglect, failure to comply with tax filings, etc. 2. that causes or creates imminent threat of 3. a social harm condemned by statute – Note: To be something is not a crime; to do something may be. Thus, being addicted to methamphetamine is not a crime; actively possessing or using it is. – Threatening to act can be a criminal offense – Conspiracies are another criminal act Actus Reus
    22. 22. Mens Rea (Guilty Mind)3.5 22 Guilty mind (Mens Rea) – The state of mind that accompanies a criminal act. Required element in all but strict liability crimes. Typically must be inferred from defendant’s words & acts. May be: 1. Purposeful – intentional • Transferred intent – bad aim = bad act 2. Knowing – aware to near certainty, e.g., pilot allows stewardess to smuggle cocaine on plane. HIV-infected person knowingly has unprotected sex w/another 3. Reckless – activity increases probability of harm. Driver speeding through school zone hits a child. 4. Criminal negligence – one fails to reasonably perceive substantial, unjustifiable risks of dangerous consequences • Strict liability crimes (e.g., traffic, statutory rape) require no mens rea. Note: Motive is different from Mens Rea. Motive is the REASON someone committed a crime.
    23. 23. Examples of Mens Rea3.5
    24. 24. Concurrence3.5 Crime Actus Reus Mens ReaConcurrence 1. Actus reus – an act in violation of the law; and 2. Mens rea – a culpable mental state • Concurrence – The coexistence (at the same time) of:
    25. 25. 25 3.5 • Causation For guilt to exist, the concurrence of a guilty mind and a criminal act must cause harm – Legal cause •Must be demonstrated in court in order to hold an individual criminally liable for causing harm • Harm – Not all harms are crimes – What about attempts? • Consider potential for harm – What about so-called “victimless” crimes? •Consider social harm caused by the behavior Causation and Harm
    26. 26. 26 3.5 • Legality – Laws and their punishments must be in writing before an offense occurs to make it illegal – Highlights the fact that a behavior cannot be criminal if no law exists that defines it as such – Includes the notion of ex post facto laws •Latin for “after the fact” •Laws are binding only from the date of their creation • Punishment – No crime can be said to occur where punishment has not been specified in the law – nullem crimen sine lege, nulla poena sine lege (“no crime without law, no punishment without law”) Legality and Punishment
    27. 27. 27 3.5 • Necessary attendant circumstances – The facts surrounding an event – Includes such things as time and place – May be classified as aggravating or mitigating circumstances – Aggravating and mitigating circumstances are not elements of an offense – Some crimes exist or may be aggravated, due to circumstances – Examples: – lewd & lascivious behavior in the presence of a child – selling drugs within 1,000 feet of a school Necessary Attendant Circumstances
    28. 28. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.6 Explain what is meant by the elements of a specific criminal offense.
    29. 29. Statutory Elements of an Offense3.5 29 To satisfy the conceptual elements and features just discussed, courts will instruct juries as to the specific elements required to prove a particular crime. Jury instructions are an excellent resource to understand what is necessary for conviction, and to understand the law. These practical elements of the crime are critically important for the state, the defense, and the police. CA Criminal Jury Instructions
    30. 30. Actus Reus + Mens Rea = Corpus Delicti3.6 30 The corpus delicti of a crime literally means “the body of the crime.” These are the facts that show that a crime has occurred. Two aspects to the corpus delicti of a crime: 1. A certain result has been produced 2. A person is criminally responsible for its production
    31. 31. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.7 Compare and contrast the four general categories of accepted criminal defense. 1.Alibi 2.Justifications 3.Excuses 4.Procedural Defenses
    32. 32. 4 Defenses to a Criminal Charge3.7 32 – D denies committing crime, claims s/he could not have committed the crime, as s/he was elsewhere – D admits committing the crime, to avoid a greater evil 1. Self-defense, home/property – when cornered, reasonable force 2. Defense of others – alter ego rule – person cannot exceed legal rights of person s/he was defending 3. Necessity – The Crown v. Dudley & Stephens 4. Consent – incidental contact battery, sex assault 5. Resisting unlawful arrest – in some jurisdictions – D admits crime, but claims that a condition or circumstance then existing means s/he should not be held accountable 1. Duress/coercion – e.g., steals payroll to pay ransom 2. Age – most jurisdictions hold <7 cannot form criminal intent 3. Mistake of law/fact – statutory rape 4. Involuntary intoxication 5. Unconsciousness – sleepwalking, hypnosis 6. Provocation – generally may only justify minor offenses 7. Insanity/Diminished Capacity/Incompetence
    33. 33. Mental defenses Defense claims inability to meet mens rea3.7 33 1. M’Naghten Rule – Dan M’Naghten, suffering vague delusions of Tory Party persecution tried to assassinate British Prime Minister Peel, killed Peel’s secretary. Rule: A defendant (D) who does not know what s/he is doing or that it is wrong lacks mens rea, thus is not guilty (NG) 2. Irresistible Impulse – D knows right from wrong but can’t stop. NG 3. Durham Rule – D’s crime is the product/result of mental defect. NG 4. Substantial Capacity Test – D lacked substantial capacity to know right from wrong or to stop. NG of charged offense – perhaps lesser 5. Brawner Rule – Jury relies on its own sense of fairness to decide whether to hold D responsible. US v Brawner (1972) 6. Guilty But Mentally Ill Verdict – If state proves case, D is mentally ill but not legally insane at time of crime, G. Ford v Wainwright (1976) 7. Temporary Insanity – D only insane at time of crime. Legislatures have limited this defense. 8. Diminished Capacity/Responsibility – defect not enough to exonerate, but might reduce penalty, e.g., 1st deg to 2nd deg murder Mental Incompetence – Defendant is unable to assist in his/her own defense.
    34. 34. Procedural Defenses 3.7 34 1. Entrapment – where agents initiate the idea or improperly induce one to commit a crime 2. Double Jeopardy – the 5th Amendment and common law prohibit trying a person twice for the same crime 3. Collateral Estoppel – akin to double jeopardy, collateral estoppel holds that once facts have been judicially determined, they cannot be relitigated with the same parties 4. Selective Prosecution – prosecution of one class and not another with a discriminatory effect and discriminatory purpose violates the 14th Am. Equal Protection clause 5. Denial of Speedy Trial – the 6th Am. guarantees speedy trial; typically within 90-120 days of demand 6. Prosecutorial/Police Misconduct – D claims deceit, etc.
    35. 35. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 3.1 3.2 3.3 3.4 Types of laws include criminal, civil, administrative, case, and procedural. The rule of law provides that an orderly society must be governed by established principles applied fairly. Laws are rules of conduct that regulate relationships between parties. Violations of criminal law vary in type and severity. CHAPTERSUMMARY 3.5 3.6 3.7 Our legal system recognizes 4 categories of defenses: alibi, justifications, excuses, and procedural defenses. Written laws specify what constitutes an offense. From the perspective of Western jurisprudence, all crime can be said to contain certain characteristics.

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