Chapter four Notes
Chapter four Notes CCJ 2020
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This 4 page Class Notes was uploaded by Danielle Pagano on Friday February 27, 2015. The Class Notes belongs to CCJ 2020 at Florida International University taught by Juan Saiz in Spring2015. Since its upload, it has received 187 views. For similar materials see Criminal Justice System in Art at Florida International University.
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Date Created: 02/27/15
Chapter Four Notes Professor Juan Saiz Chapter Four Criminal Law Substance and Procedure Criminal Law Rules that define crimes set out their punishments and mandate practice for carrying out the criminal justice process Substantive criminal law A broad category of criminal law declares what conduct is criminal and provide punishment that is to be imposed for such conduct Procedural criminal law Another broad category of criminal law which states that there are methods for the gathering of warrants investigating offenses effecting lawful arrests conducting trials introducing evidence sentencing convicted offenders and reviewing case by appellate courts Civil Law All law that is not criminalTortslaw of personal injury Public Law Branch of law that deals with state or government agencies and controls their administrative relationships with individuals corporations or other branches of government The Common Law After Norman Conquest of England 1066 Judges began to travel throughout the land holding court in each county several times a year Stare decisis stand by decided cases Legal principle by which the decision of holding in an earlier case becomes the standard by which subsequent similar cases are judged Mala in se offenses are by their own nature evil such offenses are murder theft and arson These crimes are seen as mala prohibition crimes Constitutional Limits All criminal law must conform to the rules and dictates of the US constitution Any criminal law that seems to conflict with the various provisions and articles of the Constitution must reflect a compelling need to product public safety or morals Ex Post Facto Law Makes act criminal after it was committed Even retroactively increases the penalty for a crime such laws are forbidden by the US Constitution a law that makes an action done before the passing of the law and which was innocent when done criminal and punishes such action a law that makes a crime more serious after the fact than it was when first committed a law that inflicts a greater punishment than was available when the crime was committed a law that makes convicting the offender easier than it was at the time the offender committed the crime Felonies and Misdemeanors based on seriousness of the crime each jurisdiction in the US determines by statue what types of conduct constitute felonies or misdemeanors The Legal Definition of a Crime Contain mental and physical elements To commit a crime one must do the following things willfully enter a dwelling be armed or arm themselves after entering a house to commit a crime or am assault on someone in the house knowingly and intentionally committing a crime The prosecutor must prove that the person accused of armed burglary did illegally enter a house knowing they were not invited that they were armed when they arrived at the burglary site that their intentions were to take another belongings and that they did so Legal definition of crime accused engaged in the guilty act also known as actus reus accused had intent to commit crime also known as mens rea both the actus reus and mens rea were concurrently present defendants actions were the proximate cause of the resulting injury Harm was caused Thoughts alone do not constitute a crime Actus Reus aggressive act Mens Rea criminal intent clear knowledge of punishment after actions are performed When Mohammed Atta and his terrorist band crashed airplanes into the World Trade Center did not intend to kill one person in particular Yet the law holds that no one would survive a blast like so Meaning that the terrorists had the criminal intent to commit the crime of first degree murder Strict Liability offenses that exist when mens rea is not essential Public safety or strict liability crime someone who can be held responsible for a crime but without the offense of intent no state of mind is generally required where a strict liability statue is violated Criminal Defenses Excuse Defenses when one states that their mental state was impaired that they had lacked the capacity to form sufficient intent to be held criminally responsible Ignorance or Mistake ignorance of law is no excuse Insanity when the state of mind negates criminal responsibility people who have depression mood disorders and have a psychopathic personality can be found legally sane not every person with an mental illness is found insane insanity means that the defendants state of mind at the time of the crime was committed made it impossible for the person to have the necessary mens rea to satisfy the legal definition of a crime person can undergo treatment for disorder but still be jugged legally sane if it can be proved that at the time the person had the capacity to understand the wrongdoing of their actions Intoxication not considered a defense yet and defendant who becomes involuntary intoxicated under duress or by mistake can be dismissed of crimes committed the effect of intoxication on criminal liability depends on whether the defendant uses alcohol and drugs on the norm Example a defendant enters bar and orders a few drinks and then strikes someone while intoxicated and is convicted of assault ad battery However if the defendant ordered a nonalcoholic drink and it was spiked by someone else the defendant may have a legitimate legal defense Age law holds that a child is not criminally responsible for actions committed at an age that precludes a full realization of the gravity of certain types of behavior incapacity for children under age of 7 reliable presumption for a child between 7 and 14 no presumption for child over age of 14 maximum age of criminal responsibility for children ranges between 14 through 18 Consent victims consent to a crime does not automatically excuse the defendant who commits an action Type of crime involved generally determines the validity of consent as an appropriate legal defense rape does not occur if the victim consents to sexual relations larceny cannot occur if the owner voluntarily consents to taking property consent is an essential element to crime it is a valid defense where it can be proved children are not capable of providing consent Self Defense when one acts in self defense and pleas not guilty defendant must prove they acted with a reasonable belief that they were in imminent danger of death or harm and had no reasonable means of escape Stand Your Ground self defense statutes require a duty to retreat before reacting to a threat with physical violence At the time of when he crime is being committed one meets force with force Duress when the defendant claims he was forced to commit a crime as the only means of preventing death or serious harm to other or themselves duress is no excuse for intentional killing Necessity crime was committed under extreme circumstances and could not be avoided people act out of necessity according to their own judgement to prove this the defendant must show that they acted in order to prevent imminent harm and that there were no legal alternatives defendant must prove that their actions were the lesser of the two evils The Law of Criminal Procedure consists of rules and procedures that govern that processing of criminal suspects and the conduct of criminal trial the right to remain silent the right to an attorney the right to a speedy and fair trial Exclusionarv Rule principle that illegally obtained evidence cannot be used in the court of law
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