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- 2. Crime and CriminalLaw Criminal law (substantive law) Law of crimes Defined by statute Prescriptions Proscriptions Code of conduct all are expected to follow Enforced by state Primary purpose is protecting public from harm by punishing harmful acts that have occurred and forbidding conduct that may lead to it
- 3. What is Crime? Tappan (1947) “An intentional act in violation of the criminal law committed without defense or excuse, and penalized by the state” 1. An act in violation of 2. A criminal law for which 3. A punishment is prescribed 4. The person committing this action must have intended to do so 5. And to have done so without any legally acceptable defenses or justifications
- 4. Crime as aSubset of Harmful Acts Core offenses All crimes All social harm All harms
- 5. Sources of CriminalLaw State and federal constitutions State and federal statutes New crimes added as circumstances warrant Common law Codified in most states by mid-1800s Federal law is growing source of criminal law Statutes define elements (various parts) of a crime more specifically than common law
- 6. Limitations on CriminalLaw State cannot criminalize any conduct it chooses Substantive due process There are limits to what conduct the law may seek to prohibit Forbids passage of laws that infringe on rights of individuals Free speech Assembly Is underlying theory for privacy rights
- 7. Limitations on CriminalLaw Overbreadth doctrine Laws unconstitutional when they fail to narrowly define specific behavior to be restricted Void for vagueness Laws unconstitutional when they fail to clearly define prohibited act and punishment in advance Fair notice Letting people know what is and is not permitted
- 8. Limitations on CriminalLaw Must not restrict due process Must be enforced fairly and non-arbitrarily Must not restrict equal protection Laws cannot restrict rights of members of suspect classifications Cruel and unusual punishment Punishments must be proportional to the crime Jurisdictions not required to punish in same manner
- 9. Limitations on CriminalLaw Ex post facto laws Cannot be penalized for behavior that was not illegal at time they acted Penalties cannot be increased after crime has been committed Do apply retroactively if they are beneficial Bills of attainder Cannot have laws that impose punishment without trial
- 10. Elements of Criminal Offenses Elements that must be present for criminal liability to attach: Actus reus Mens rea Concurrence Causation Harm All make up corpus delecti
- 11. Actus Reus (CriminalAct) The guilty act Three forms Voluntarily bodily movements An omission in the face of a duty to act Failure to perform legal duty Failure to prevent harm when special relationship exists Possession If person has some knowledge that his or her possession is illegal
- 12. Mens Rea (CriminalIntent) Guilty mind Inferred from circumstances surrounding criminal act Motive and intent not same thing Intent Mental purpose or desire to commit certain act Motive Refers to cause or reason why act was committed
- 13. Mens Rea (CriminalIntent) Model penal code sets forth four levels: Purposeful Knowing Reckless Negligent Doctrine of transferred intent
- 14. Concurrence Union ofcriminal act and criminal intent Intent must set act in motion Those not generated by intent do not constitute criminal conduct
- 15. Causation Criminal actis the act that is the cause of the harm Two types: Factual cause “But for” actor’s conduct, harm would not have occurred Legal cause Also known as proximate cause Consequences of act not reasonably foreseeable to actor (intervening causes) relieve actor of some degree of criminal liability
- 16. Harm The resultof the act Injury to another or to society There can be no liability without harm Occurs in all crimes Can be focused on harm only to actor May be physical or mental
- 17. Liability Without Fault Strict liability Imposes accountability without proof of criminal intent in situation where society deems it fair to do so Statutory rape Vicarious liability Imputation of accountability from one person to another Based on relationship of individual to person committing illegal act Only in civil law
- 18. Inchoate Crimes Crimesthat occur in preparation for an offense Basically incomplete crimes Inchoate “To begin” or “to partially put into operation” Three types Attempt Solicitation Conspiracy
- 19. Parties to Crime Doctrine of complicity More than one person may be held liable for criminal activity Requires all criminal elements be present Common law recognizes four parties: Principles in the first degree Principles in the second degree Accessories before the fact Accessories after the fact
- 20. Defenses to Criminal Liability Defense Response made by defendant that allows them to avoid criminal liability Alibi Form of defense where defendant asserts they are not the person who committed the act charged Affirmative defenses Defendant admits they committed the act but denies criminal liability When defense is used burden of production shifts to defense (preponderance of evidence)
- 21. Justification Defenses Onesin which defendant admits they are responsible for act but claims that under the circumstances, the act was not criminal Three types: Self-defense Consent Execution of public duties
- 22. Justification Defenses: Self-Defense Useof force to repel imminent, unprovoked attack in which person reasonably believed he or she was about to be seriously injured May only use as much force as is necessary Retreat doctrine 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 defense of others and property
- 23. Justification Defenses: Consent andExecution of Public Duties Consent Persons may consent to suffer what otherwise would be an objectionable injury Must be voluntary, knowing, and intelligent Execution of public duties Agents of state permitted to use reasonable force in the lawful execution of their duties Tennessee v. Garner (1984)
- 24. Excuse Defenses Onesin which defendant admits what he or she did was wrong but claims that under circumstances he or she is not responsible for improper conduct Four types: Duress Intoxication Age Insanity
- 25. Excuse Defenses: Duress Situations involving threat of serious, imminent harm to oneself, where act is less serious than threatened harm Those forced to commit crime in such circumstances do not act voluntarily Eliminates actus reus Eliminates mens rea
- 26. Excuse Defenses: Intoxication andAge Intoxication Voluntary Never leads to acquittal May only mitigate Involuntary May work as defense as person is not responsible for their actions Age Persons below certain age lack capability to form mens rea Various jurisdictions define age parameters
- 27. Excuse Defenses: Insanity Legal term to describe mental illness Mental illness and legal insanity are not same thing Impairs mens rea Probably most controversial of all defenses Rex v. Hadfield (1800) First successful case using defense Rex v. M’Naghten (1843) Cemented modern insanity defense
- 28. Excuse Defenses: Testsfor Insanity M’Naghten rule-right-wrong test Durham rule-product test Irresistible impulse test Substantial capacity test GBMI
- 29. Procedural Defenses: Entrapment Oneof number of procedural defenses Increasingly being raised by those caught in drug stings and Internet sexual enticement stings Sherman v. U.S. (1958) Court laid out two scenarios in which it occurs: Crime is result of creative activity of law enforcement Prosecutor cannot prove beyond reasonable doubt that defendant was “independently predisposed” to commit the crime
- 30. Categories of Crime Crimes against the person Crimes against property Crimes against public order and morality
- 31. Categories of Crime:Crimes Against the Person Include: Murder Forcible rape Aggravated assault Robbery
- 32. Murder FBI definition Murder is willful (non-negligent) killing of one human being by another Common law definition The killing of another with malice aforethought Model Penal Code Distinguishes between lawful and unlawful killings Unlawful killings are criminal homicides Three forms
- 33. Murder Today, murderdefined by Model Penal Code as a killing that occurs: Purposefully Knowingly, or Recklessly Murder graded into First degree Second degree States and courts differ on how to consider first degree murders
- 34. Manslaughter Voluntary Anintentional killing that occurs: Under mistaken belief self-defense is needed, or In response to adequate provocation while in sudden heat of passion Existence of adequate provocation does not eliminate criminal liability, only reduces charge and associate punishment Involuntary Unintentional killing that occurs as result of reckless act
- 35. Negligent Homicide Unintentionalkilling in which defendant should have known they were creating substantial risk of death by their conduct Such conduct deviated from ordinary level of care owed to others
- 36. Felony Murder Rule Ranked as first-degree murder in some states Second degree in others Individual is held liable for unintended killing that occurs during the commission of a dangerous felony No requirement of intent to either kill or inflict serious harm
- 37. Forcible Rape FBIdefinition “Carnal knowledge of a female forcibly and against her will” Common law definition “Carnal knowledge by a man of a woman who is not his wife, forcibly and without consent” Definitions created several loopholes Modern day statutes have among other things: Removed gender specific language Adopted marital rape exceptions Child sexual assault
- 38. Aggravated Assault FBIdefinition “Unlawful attack by one person upon another for purpose of inflicting severe or aggravated bodily injury” Involves use of weapons Common law definition Assault: attempt or threat to inflict immediate harm Battery: unjustified, offensive physical contact Modern statutes have merged assault with battery to fall under same name
- 39. Robbery FBI definition Taking or attempted taking of anything of value from care, custody, and control of person or persons by force or threat of force or violence and/or putting victim in fear Often classified as violent crime Extortion Taking of property accomplished by threat of future harm to person, property, or reputation
- 40. Categories of Crime:Crimes against Property Include: Arson Burglary Larceny/Theft
- 41. Arson FBI definition 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. First degree Burning of an occupied structure Second degree Burning of an unoccupied structure Third degree Burning of personal property There must exist an intent to burn
- 42. Burglary FBI definition Unlawful entry of structure to commit felony or theft Seventeenth century Breaking and entering of dwelling of another at night with intention of committing felony inside dwelling Today burglary can occur during the day Not entry alone Must be unlawful entry accompanied by intent to commit another crime inside
- 43. Larceny/Theft FBI definition Unlawful taking, leading, or riding away from the possession or constructive possession of another Graded depending on method of taking and the value of property taken Grand theft versus petty theft (felony and misdemeanor) Crimes against property (theft) more common than crimes against person
- 44. Categories of Crime:Crimes against Public Order Those in which injury is to the peace and order of society Disorderly conduct Unlawful assembly Vagrancy
- 45. Categories of Crime:Crimes against Morality Those in which the moral health of society is injured Adultery Prostitution Obscenity