Con't Chapter 1
Con't Chapter 1 CJC 351
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This 3 page Class Notes was uploaded by Jessica Notetaker on Thursday September 3, 2015. The Class Notes belongs to CJC 351 at Ball State University taught by Ron Henderson in Summer 2015. Since its upload, it has received 34 views. For similar materials see Criminal Law in Criminal Justice at Ball State University.
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Date Created: 09/03/15
Criminal Law Chapter 1 con39t 1 The shooting of Sheriff Deputy at a gas station in Texas and the movement of the quotBlack Lives Matter Movementquot 2 Hate Crime is a violent prejudice motivated crime that occurs when a perpetrator targets a victim because of his or her perceived membership in a certain social group 3 Crime of Pasion startling event mitigating defense 4 Legal analysis a statement by a court judicial of cer or legal expert as to the legality or illegality of an action condition or intent It can be a written document in which an attorney provides his or her understanding of the law as applied to assumed facts 5 Motive you do not need to prove motive in a criminal offense 6 Speci c Element of crime a Actus Reus i Act actually have to happen b Mens Rea i Guilty thoughts c Concurrence A amp B needs to at the same time i Professor wanted to kill his wife B says he going to burn down his house with her in it just to kill her however his wife is coming home from work yet she gets tboned in the process Will the Professor be charged No because he did not act on his thoughts 7 Corpus Delicti a Latin for quotbody of the crimequot it refers to the body of the victim in homicides and to the elements of the crime in other offenses 8 Case Law a Applet Courts i Reversible Error ii Harmless Error deviation of the Law 1 Ex A piece of evidence that shouldn39t have come into the case but it has really no impact on the case 9 Common Law a Common Law Marriage if a man and woman have been living together for over 7yrs then they will be considered to be married in the eye of the government b To Defend yourself for unlawful intervention i Ex Wife called the cops because she and her husband have been arguing Once the of cers arrived on scene the Wife changed her mind The Of cers wasn t satis ed so they pushed their way inside the house Her husband freaked out and attacked the of cer aka pushed the of cer because they came inside without permission 10Criminal Law a Statues i You have this behavior then you39re going to be punished ii Of limitation 1 There is no Statues of Limitation for murder 11Amendment 4 568 a Fourth Amendment Right of search and seizure regulated The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or af rmation and particularly describing the place to be searched and the persons or things to be seized b Fifth Amendment Provisions concerning prosecution unless on a presentment or indictment of a Grand Jury except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law c Sixth Amendment Right to a speedy trial witnesses etc In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense d Eighth Amendment Excessive bail cruel punishment Excessive bail shall not be required nor excessive nes imposed nor cruel and unusual punishments in icted 1 Indiana Criminal Code a Culpability page 143 i A person engages in conduct quotintentionallyquot if when he engages in the conduct it is his conscious objective to do so ii A person engages in conduct quotknowinglyquot if when he engages in the conduct he is aware of a high probability that he is doing so iii A person engages in conduct quotrecklesslyquot if he engages in the conduct in plain conscious and unjusti able disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct iv Unless the statute de ning the offense provides otherwise if a kind of culpability is required for the commission of an offense it is required with respect to every material element of the prohibited conduct b Felony Murder page 151 354511 i Knowingly or intentionally kills another human being ii Kills another human being while committing or attempting to commit arson burglary child molesting consumer product tampering criminal deviate conduct kidnapping rape robbery human traf cking promotion of human traf cking sexual traf cking of a minor or carjacking iii Kills another human being while committing or attempting to commit c Involuntary Manslaughter page 152 354214 d Reckless Homicide page 152 354215 i A person who recklessly kills another human being commits reckless homicide a Level 5 felony e Level of felony for Murder i 1 through 6 1 being the worse and the 6th being the lease severity 2 Defenses a Factual Defenses attacks the act i Alibi ii They didn39t do it b Procedural Defenses attacks the intent i Wrongfully collected evidence ii Double Jeopardy c Legal i Self defense 1 Retreat doctrine retreat 2 Castle doctrine gives the possibly to use deadly force if there isn39t
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