CRM 105-800 CRM 105 Online
Popular in Introduction to Criminology
Popular in Department
verified elite notetaker
This 7 page Class Notes was uploaded by Sydney Kaydo on Saturday January 23, 2016. The Class Notes belongs to CRM 105 Online at University of North Carolina - Wilmington taught by Dr. Randy LaGrange in Winter 2016. Since its upload, it has received 148 views.
Reviews for CRM 105-800
I'm pretty sure these materials are like the Rosetta Stone of note taking. Thanks Sydney!!!
-Vergie Turner DDS
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 01/23/16
Important info/example Key Term Chapter 3: Criminal Justice and the Rule of Law Foundations of Criminal Law Laws tell citizens what they can and cannot do o Also tell gov. officials when they can punish for violations o Even the president can be at risk for judges to tell them to take different actions (e.g. Hamdi v. Rumsfeld) Laws = major tools for preventing anyone from getting too much power Civil law: law regulating the relationships b/w or among individuals, usually involving property, contracts, or business disputes o E.g. if your damage someone’s property and they sue you to pay for the damage o Key feature of the Criminal Justice System: power to punish people for damage they’ve done to society Two categories of criminal law: o Substantive criminal law: law that defines acts that are subject to punishment and specifies the punishments for such offenses. Often called the “penal code” Elected officials in Congress, state legislatures, and city counsels write these laws Decide what actions deserve to be punished and if that action deserves imprisonment, or something else o Procedural criminal law: defines rules that govern how the laws will be enforced (law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections). Protects constitutional rights of defendants and provides rules officials must follow Defined by legislatures but U.S. Supreme Court and state supreme courts play a key role Substantive Criminal Law No act can be defined as illegal until it has been defined as punishable under the criminal law o Definitions and Classifications of Criminal Law Felonies: serious crimes usually carrying a penalty of death or of incarceration for more than one year in prison Misdemeanors: offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail, probation, or intermediate sanctions Civil infractions: minor offense that are typically punishable by small fines and that produce no criminal record for the offender E.g. “jaywalking” Legislatures are significantly influenced by the Model Penal Code Federal and state penal codes often define criminal acts differently Classifying becomes complicated when statues divide related acts (e.g. murder) into different offenses Homicide degrees of murder voluntary/involuntarymanslaughter Look at table 3.1 in CJ in America 7 edition, page 78 o Elements of a Crime Three factors: The act The attendant circumstances State of mind/intent Inchoate/Incomplete offenses: conduct that is criminal even though the harm that the law seeks to prevent has not been done but merely planned or attempted (e.g. planning a murder hiring a “hitman”) o Seven Principles of Criminal Law Jerome Hall (1947) summaries for the seven principles: 1. Legality: there must be a law to define something as a crime a. Ex post facto laws: laws written and applied after the fact (is forbidden) 2. Actus reus: there must be an act of either commission/omission by the accused (e.g. Robinson v. California) 3. Causation: there must be a causal relationship between an act and the harm suffered 4. Harm: an act must cause harm to some legally protected value – can be to a person, property, or some other object 5. Concurrence: the intent and the act must be present at the same time 6. Mens rea: The commission of an act is not a crime unless it is accompanied by a guilty state of mind. a. Related to intent b. Used to distinguish b/w harm-causing accidents and harm-causing crimes 7. Punishment: Must be a provision in the law calling for punishment of those found guilty of violating the law o Defenses Against Criminal Charges Divided into justifications and excuses Justifications: focus on the act and whether the act is socially acceptable (actions based on self defense) Excuses: focus on the actor and whether the actor fulfilled the elements required for being held responsible under a criminal statue (e.g. insanity) o Justification Defenses Self-defense: A person in immediate danger may ward off the attack E.g. T.J. Duckett case Level of force used in self-defense cannot exceed the person’s reasonable perception of the threat o E.g. a man cant shoot a robber who is unarmed and has already fled the house and is running across the lawn Necessity: When people break the law in order to save themselves or prevent some greater harm. o E.g. Frantic mother speeds through a red light trying to get her injured child to the hospital o Excuse Defenses Duress (Coercion): Someone commits a crime b/c they were coerced by another person. o E.g. bank robber makes civilian drive getaway at gunpoint Entrapment: Entrapment: the defense that the individual was induced by the police to commit the criminal act. o used to show lack of intent’ o e.g. United States v. Jacobson Infancy: Law excuses criminal acts by children under age seven lack of responsibility for their actions o Also called immaturity o 7-14 years old = not liable for their criminal acts In the 90s, prosecutors started charging kids as adults o E.g. look at “close up” on page 83 Mistake of Fact: If an accused person has made a mistake on some crucial fact, that may serve as a defense Intoxication: Law does NOT relieve an individual of responsibility for acts committed while VOLUNTARILY intoxicated o But… if a person has been tricked into consuming something this can be used as a defense Insanity: Defense available in all but four states (Idaho, Montana, Nevada, and Utah) Rare defense only used in serious cases and there is no other valid defense Five tests: 1. M’Naghten Rule 2. Irresistible Impulse Test 3. the Durham Rule 4. the Model Penal Code’s 5. test defined in the federal Comprehensive Crime Control Act of 1984 *Look at table 3.2 on page 87 M’Naghten Rule: Developed in England 1843 when Daniel M’Naghten was acquitted of killing another man because he claimed he was delusional “right-from-wrong test” Irresistible Impulse Test: Was designed to bring the M’Naghten Rule in line w/ modern psychiatry Excuses defendants when a mental illness was controlling their behavior even though they knew it was wrong Durham Rule: Developed in New Hampshire The accused is not criminally responsible “if an unlawful act is the product of mental disease or mental defect.” Model Penal Code’s Substantial Capacity Test: Courts overturned the Durham Rule modified version States that a person is not responsible for criminal conduct “if at the same time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.” Comprehensive Crime Control Act: Changed the rules on the insanity defense by limiting it to those who are unable to understand the nature or wrongfulness of their acts. o Impulse test cannot be used Procedural Criminal Law How the state must process cases Rights are not only intended to prevent the innocent form being wrongly convicted but… o They also seek to prevent unfair police and prosecution practices against the guilty (e.g. improper searches) Important because there has been many examples of police officers harassing and victimizing those who lack political power (e.g. poor, minority, etc.) o The Bill of Rights and the Fourteenth Amendment Bill of Rights: first ten amendments Procedural criminal law is shaped by four specific amendments: th 1. 4 Amendment: bars unreasonable searches and seizures 2. 5 thAmendment: outlines basic due process rights in criminal cases. a. Protection against: i. Self Incrimination: person cannot be forced to respond to questions that answers may reveal that they have committed a crime (e.g. “I plead the fifth.”) ii. Double Jeopardy: Can’t be prosecuted for a single offense with in the same jurisdiction more than once th 3. 6 Amendment: right to a speedy, fair, and public trial by an impartial jury—right to counsel as well 4. 8 thAmendment: bars excessive bail, excessive fines, and cruel and unusual punishment. Barron v. Baltimore: the protections of the Bill of Rights apply only to actions of the federal government o The Fourteenth Amendment and Due Process Barring states from violating people’s right to due process of law Powell v. Alabama (1932): An attorney must be provided to a poor defendant facing the death penalty Fundamental fairness: legal doctrine supporting the idea that so long as a state’s conduct maintains basic standards of fairness, the constitution has not been violated. o The Due Process Revolution Earl Warren chief of justice change the meaning and scope of constitutional rights Incorporatthn: extensions of the due process clause of the 14 amendment to make binding on state governments the rights guaranteed in the first ten amendments to the U.S. Constitution o The 5 th Amendment: Protection against Self- Incrimination and Double Jeopardy Grand jury: body of citizens drawn from the community to hear evidence from the prosecutor in order to determine whether there is a sufficient basis tthmove forward with a criminal prosecution o The 6 Amendment: The right to Counsel and a Fair Trial The Right to Counsel: Gideon v. Wainwright (1963): indigent defendants have a right to counsel when charged with serious crimes for which they could face six or more months of incarceration. Defendants’ conversations and communications with attorneys are secret