H OT D EBATE PAGE 64 Stages in the Growth of Law What Stage of Law does the trial represent? At what...

Chapter 4

Criminal Law & Procedures

HOT DEBATE PAGE 64

Stages in the Growth of Law

What Stage of Law does the trial represent?

At what Stage of Law is Mark’s behavior?

Slide 3

Chapter 1

STAGES IN THE GROWTH OF LAW

Individuals free to take revenge Wild West, little kids, Gangs

Sovereign (Leader) acquires power……convinces the wronged to accept goods/money

Sovereign gives this power to a system of courts

Leader (central authority) acts to prevent/punish wrongs

From Chapter 1

Chapter 1

CIVIL LAW

Wrongs against individuals

Police do not take action

Seek remedy for wrongs done

Wrongs against society

Gov’t investigates/ prosecutes

Conviction results in fines/ imprisonment/ execution

Slide 4

CRIMINAL LAW

TORTS

From Chapter 1

ELEMENTS OF CRIMINAL ACTS

Duty

•To do or not do a certain action

Breach

•Failure to do duty is the criminal act

Intent

•Usually, but not always required to be proven

ELEMENTS OF CRIMINAL ACTS

Criminal Intent (cont.)Some minor crimes don’t require intentTraffic tickets

Intent may not mean intended consequences

Mens Rea – Guilty Mind

WHAT IS THE DIFFERENCE BETWEEN

The state of a person's mind that directs his or her actions toward a specific object

Reason behind the behavior

The goal or object of a person's actions

Money Revenge

Obsession

INTENT MOTIVE

CRIMINAL INTENT (CONT.)

Know the difference between right and wrongAges 0 to 7

Incapable of forming criminal intent Lack moral sense/understanding of action Laws vary state to state after that

Ages 7-14 Presumed incapable of committing crime

Can be disproved by showing child understood nature of act Illinois – can be tried as adult as early as 10

Insane: did not know right from wrong

RESPONSIBILITY FOR THE CONDUCT OF OTHERS

Can a Corporation have INTENT? If employees have criminal intent…….does the

corporation also have criminal intent?

McDonald’s Coffee Enron Wal-Mart Big Tobacco

If employee committed crime, can officers (corporation) be held accountable?

BP Alaska Oil Spill Costa Concordia

Classification of Crimes

Felony•Serious crime•Death, imprisonment (1 year +)•Murder, Rape, Kidnapping

Misdemeanor

•crime•Fine, confinement (up to 1 year)•Shoplifting, trespass, disorderly conduct

Infraction

•Minor crime•Fines or short time in jail•Littering, parking tix, violation of building codes

Dollar value of crime moves it from misdemeanor to felony

CRIMES AGAINST TYPES OF CRIME

A person Assault & BatteryKidnappingRapeMurder

Property TheftRobberyEmbezzlement

Gov’t & Administration of Justice

Tax EvasionPerjury

Public Peace & Order RiotingDisorderly Conduct

Realty BurglaryArsonCriminal Trespass

Consumers Fraudulent Sale of SecuritiesViolation of pure food and drug laws

Decency BigamyObscenityProstitution

Classification of Crimes

Classification of CrimesWhite Collar Crime

No force or violenceNo physical harm to person or

propertyTax evasionCollusionFalsifying insurance claimsPolitical corruption

Punishments are usually fines / imprisonment

Do we treat them differently?

BUSINESS RELATED CRIMESLarceny (theft)

Wrongful taking of money or personal property belonging to someone else

RobberyLarceny involving the use of force

BurglaryBreaking an entering with the intent to

commit a crime Usually stealing property

BUSINESS RELATED CRIMES

Receiving Stolen Property Knowingly receiving or buying What recourse does rightful owner have?

False Pretenses Type of fraud, victim parts voluntarily Bouncing a check

Forgery Altering writing in an attempt to defraud Common with checks / signatures

BUSINESS RELATED CRIMES

Bribery Unlawfully offering or giving

anything of value to influence performance of an official

Computer Crime Solicitation

Request to do something criminal Hiring a hit man

Extortion (blackmail) Obtaining money or property

through use of force or fear / intimidation

BUSINESS RELATED CRIMES

Conspiracy Agreement between two or more people to

commit a crime Arson

Willful and illegal burning or exploding of a building

RIGHTS OF THE ACCUSED

Founding Fathers believed it to be better for society to give individuals too much liberty than to allow the government too much power.

4th Amendment Unreasonable search &

seizures 5th Amendment

Bear witness against self

6th Amendment Right to representation Confront accusers

14th Amendment Due Process of Law

RIGHTS OF THE ACCUSED

P. 71 “What’s your Verdict?

Terms to KnowProbable Cause – reasonable grounds

for belief

DEFENSELegal position taken by an accused to defeat the charges against him/her

TYPES OF DEFENSES

Procedural How

rights/responsibilities can be legally exercised/enforced through the legal system

Were procedures followed correctly?

Substantive Defines rights &

duties

How do you disprove, justify or excuse the alleged crime?

PROCEDURAL DEFENSES

Obtaining EvidenceArrest – Miranda Warning?Questioning – Coerced

Confession?Trial – Sets up for appealPunishment – Directions from the

Judge

SUBSTANTIVE DEFENSES

Lack of Mental Capacity Insane – sufficiently mentally disturbed

M’Naghten Test NOT responsible IF at the time of the act did not

understand the nature and quality of the act

Involuntary Intoxication Voluntary is NOT a defense

Duress Wrongful threat that causes a person to perform

an act that they would not otherwise do

SUBSTANTIVE DEFENSES

Mistake – Ignorance is NOT a defense

Lack of Care –Breached a duty

Consent – NOT a defense Mercy killing

Drug Sales

SUBSTANTIVE DEFENSES

Self Defense Reasonable belief of immediate death/serious

harm

Attacker using unlawful force (as opposed to lawful police force)

Victim did not begin/cause attack

Florida “Stand Your Ground”

SUBSTANTIVE DEFENSES Entrapment

when police officers coerce or induce someone into committing a crime

Why isn’t “Bait Car” entrapment?

Government agents do not entrap defendants simply by offering them an opportunity to commit a crime. Judges expect people to resist any ordinary temptation to violate the law. An entrapment defense arises when government agents resort to repugnant behavior such as the use of threats, harassment, fraud, or even flattery to induce defendants to commit crimes.

SUBSTANTIVE DEFENSES Immunity

Freedom from prosecution even when one has committed the crime charged

Diplomatic – allow foreign representatives to work in host country without fully understanding all customs

Prosecutorial – removes the privilege against self-incrimination

Refusal to testify with Immunity? Contempt of Court – action that hinders action of the

court

Statute of Limitations – time period a state can prosecute a crime Limit time living under threat Difficulty uncovering the truth (evidence, witnesses)