Pols 2020: Principles of criminal law
Pols 2020: Principles of criminal law POLS 2020
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This 2 page Class Notes was uploaded by Janelle Darby on Sunday September 18, 2016. The Class Notes belongs to POLS 2020 at Robert Morris University taught by G.W. Jones in Fall 2016. Since its upload, it has received 6 views. For similar materials see Criminal Law And Evidence in Political Science at Robert Morris University.
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Date Created: 09/18/16
W3 Principles of criminal law Criminal responsibility Crime: any act or omission that is forbidden by law as a violation of the public interest Individual V. society Social harm, not just individual harm Often tied to morality Punishment Utilitarian o Must be effective at deterring future crime maintaining social order Moral/ retributive Types of crimes Mala in se o Bad in itself Ex: murder, rape, robbery Malum Prohibitum o Bad b/c society says it is Ex: prohibition Classifications of crimes Felony o Serious o 1year+ of imprisonment death o Prison o Ex: homicide, rape, robbery Misdemeanor o Less serious o Less than 1yr incarceration o County jail o Ex: disorderly conduct, shoplifting Charging felony V. Misdemeanor o What does the statue say? o Prior offenses? o Seriousness? o Number of victims? Summary offences o Minor misconduct o Fines, community service o Ex: traffic violations Elements of crime capability Technically and Ideally a crime has not been committed unless the following elements are present Harm legality culpability: o Actus Reus o Mens rea Vocab Harm: physical or verbal o The external consequence required to make an action a crime W3 Legality: the harm must be legally forbidden o There must be a law that prohibits that conduct Culpability: o Requires: Actus Reus & Mens Rea Actus Reus o Voluntary criminal act o Must be voluntary: Robinson V. CA Cannot make it a crime to be addicted to narcotics People V. decina Seizure while driving o Omission- failure to act May be liable for failure to act in certain circumstances Must have a legal duty to act Child neglect, filing tax returns o Omission as actus Reus Requires a legal duty to act Mens rea o Mental state of guilty mind o Case usually refers to intentional action or inaction o Intent Specific: intent to commit an act for the purpose of doing some additional failure act Ex: common law burglary General: the intent to commit the action Ex: trespass o Levels Intentional: conscious objective to cause result Knowing: aware that your conduct can harm or that harm exist Reckless: aware and consciously Negligent Transferred intent Person is criminally liable even when the consequence of his or her action was not intended Causation In order for a crime to be a legal crime, must be a causal relationship b/w the legally forbidden harm and the Actus Reus o Cause in fact/ but- for causation o Proximate cause : legal causation, foresee ability o Intervening cause Felony Murder o Liable for murder if you cause the death of a person during a felony o Another type of transferred intent o Inherently dangerous felonies
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