Criminal justice 101 ch 3
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Criminal justice 101 ch 3

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    Criminal justice 101 ch 3 Criminal justice 101 ch 3 Presentation Transcript

    • Chapter 3Criminal Law
    • Criminal LawRule of Law:-behavior set-rules/procedures-define/prohibit-certain behaviors as illegal-prescribe punishments-equally applied
    • Criminal Law3 Categories:1. Civil2. Criminal3. Administrative
    • Criminal LawHow are laws made?Balance of Power:-legislative-executive-judicial
    • Criminal LawWhy pass laws?-forbid conduct harm to society-control criminals-protect non-criminal behavior-fair warning-serious v. minor crimes
    • Criminal LawMala in se: harmful to societyMala phohibita: law/not harmful/inherently evil
    • Criminal LawSources of laws: State/Federal levelsConstitution:-beginning-amendments-criminal codes
    • Criminal LawCriminal Codes:-legislators pass-executive signCommon law: (state level)-passed down from England-written laws simple-judicial interpretation
    • Criminal LawTwo types?FelonyMisdemeanors
    • Criminal LawState Laws:-autonomous-preserve rights of US Constitution-can add rights
    • Limits of Criminal Law1. Principle of legality-no law/no crime2. Ex post facto-after the fact3. Due process-substantive-limits power of govt-procedural-established procedures/equally4. Void for vagueness-clear
    • Limits to Criminal Law5. Right to privacy-personal privacy6. Void for over breadth-go too far7. Cruel/Unusual-punishment fit crime
    • Elements of a crime DO NOT WRITE DOWN!!!! (1) A person is guilty of murder in the first degree when: (a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or (c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant: (i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and (ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and (iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and (iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury. (2) Murder in the first degree is a class A felony.
    • WA RCWClass A Felony: no less than 20Class b Felony: No less than 10Class C Felony: No less than 5Gross Misdemeanor: No more than 364 days (jail)Misdemeanor: No more than 90 days (jail)
    • Criminal LawActus Reas:-criminal actMens Rea:-criminal thoughtMust have both to be criminal violation
    • Criminal LawIntent:-Purposely/intentionally-Knowingly-Recklessly-Negligently
    • Criminal LawIncomplete crimes: (inchoate)-beyond thought-crime not completedAttempted crimes:-closest to completion-increased punishment
    • Criminal DefensesAlibi-somewhere elseConsent of victim-limitedEntrapment-police actions caused
    • Criminal DefensesImmunity-DiplomaticDuress-no free willIgnorance of law-rarely works
    • Criminal DefensesNecessity-lesser of two evilsSelf Defense-affirmative defenseYouth-< 7
    • Criminal DefensesInsanity-not responsible at time of crime
    • Crimes against PersonsMurder-1st degree: premeditated/deliberate-2nd degree: no premeditation/but intentManslaughter: no intent-voluntary-involuntary-vehicular
    • Crimes against Persons Rape/Sexual assault:-consent Kidnapping-moving by force Robbery-force/threat Larceny-no force Battery/assault-physical contact
    • Crimes against PropertyBurglary-property of another-commit a crimeArson-burning/attempt