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CRM 105-800

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by: Sydney Kaydo

CRM 105-800 CRM 105 Online

Sydney Kaydo
GPA 3.67
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About this Document

These notes cover chapter 3 in the Criminal Justice in America, 7th edition text book.
Introduction to Criminology
Dr. Randy LaGrange
Class Notes




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"I'm pretty sure these materials are like the Rosetta Stone of note taking. Thanks Sydney!!!"
Vergie Turner DDS

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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.

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I'm pretty sure these materials are like the Rosetta Stone of note taking. Thanks Sydney!!!

-Vergie Turner DDS


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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/involuntarymanslaughter  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


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