Chapter 4-5 Notes
Chapter 4-5 Notes 75073 - CRIM 100 - 003
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75073 - CRIM 100 - 003
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This 17 page Class Notes was uploaded by Cailyn Notetaker on Wednesday September 16, 2015. The Class Notes belongs to 75073 - CRIM 100 - 003 at George Mason University taught by Murray J Farr (P) in Fall 2015. Since its upload, it has received 65 views. For similar materials see Introduct to Criminal Justice in Criminology and Criminal Justice at George Mason University.
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Date Created: 09/16/15
CRIM 100 Week 2 Chapters 45 09132015 Chapter 4 Criminal Law Introduction Law 0 A rule of conduct general found in the form a statute that proscribes or mandates certain forms of behavior The Nature and Purpose of Law A society needs laws to uphold fairness and to prevent the victimization of innocents Purpose of laws 0 Channel and constrain human power 0 Empower individuals while contributing to public order 0 Ensure that philosophical moral and economic perspectives are protected and made credible Maintain values and uphold established patterns of social pdeege 0 Support system for punishment and rehabilitation of others Our laws are found in statutory provisions and constitutional depictions Statutory law 0 Written or codi ed law the quotlaw on the booksquot as enacted by a government body or agency having the power to make laws Penalcode o The written organized and compiled for of the criminal laws of a jurisdiction Case law oThe body ofjudicial precedent historically built on legal reasoning and past interpretations of statutory laws that serves as a guide to decision making especially in the courts 0 Common law 0 Law originating from usage and custom rather than from written statutes An unwritten body ofjudicial opinion based on customs traditions and precedents The Rule of Law Rule of Law oThe maxim that an orderly society must be governed by established principles and known codes that an applied uniformly and family to all of its members No one is above the law and those that enforce the law must also follow it Called the greatest political achievement of our culture quotthe foundation of liberties in the Western Worldquot American Bar Association notes the rule of law has these elements 0 Freedom from private lawlessness provided by legal system 0 High degree of objectivity in the formulation of legal norms and evenhandedness in their application Legal ideas and juristic strategies for the achievement of individual and group objectives within the bounds of ordered Hbe y Procedural limitations on government power in the interest of the individual for the enforcement of which there are appropriate legal institutions and machinery O O oJurisprudence o The philosophy of law Also the science and study of the law Types of Law Category De nition Examples Criminal Law Penal Law body of rules and regulations that de ne and specify the nature of and punishments for offenses of a public nature for wrongs committed against the stat of society Murder rape robbery assault Statutory Law Substantive criminal law and Procedural Law Written codi ed laws Substantive statutory law that describes what constitutes particular crimes and specifies the appropriate punishment for the offense Procedural body of rules that determines the proceedings by which legal rights are enforced Regulate the gathering of evidence and the processing of offenders by the criminal justice system Substantive laws describing punishment for robbery murder rape assault Procedural General rules of evidence search and seizure trial procedures Civil Law The branch of modern law that governs relationships between parties Tort a wrongful act damage or injury not involving a breach of contract Divorce contracts child support custody negligence property transfers Administrative Law Body of regulations that governments create to control the activities of industries businesses and individuals Tax laws health codes restrictions on pollution waste disposal vehicle registration laws building codes Immigration agriculture product safety Case Law the law of precedent Represents the accumulated wisdom of trial and appellate courts Once a court decision is solidi ed it is written down Reasoning of previous courts should be taken into consideration by other courts in setting similar future cases Common Law Body of law originating from usage and custom rather than from written statutes English common law is the basis for much American criminal law although most states have codi ed common law principles in their written statutes General Categories of Crime Felonies O O O 0 Criminal offense punishable by death or by incarceration in a prison facility for at least one year Murder rape aggravated assault robbery burglary arson Under common law can be sentenced to death Loss of privileges voting running for public office owning rearm 0 Misdemeanors O 0 An offense punishable by incarceration usually in a local con nement facility for a period whose upper limit is prescribed by statute in a given jurisdiction usually one year orless Minor crimes petty theft simple assault breaking and entering disturbing the peace Offenses O O CO A violation of the criminal law Minor violations of the law that are less serious than misdemeanors Jaywalking littering traffic violations Infraction Minor violation of state statute or local ordinance punishable by a ne or other penalty or by a speci ed limited term of incarceration o Treason and espionage O Treason US citizen s actions to help a foreign government overthrow make war against or seriously injure the United States Espionage The gathering transmitting or losing of information related to the national defense in such a manner that the information becomes available to enemies of the United States for their advantage lnchoate offenses 0 An offense not yet completed Also an offense that consists of an action or conduct that is a step toward the intended commission of another offense General Features of Crimes 3 Elements 0 The criminal act actus reus O 0 An act in violation of the law A guilty act Person must commit the act voluntarily for it to be considered a crime 0 A culpable mental state mens rea 0 Persons state of mind when they commit the act 0 Purposeful an act that is undertaken to achieve some goal 0 Knowing behavior is undertaken with awareness A person who acts purposefully always acts knowingly but not always vise versa 0 Reckless behavior is activity that increases the risk of harm Person may not have intended harm but should know that his behavior could endanger others 0 Negligent person should have known better and her act or failure to act endangers others 0 A concurrence of the two 0 The act and the mental state occur together in order for a crime to have taken place 0 Motive a persons reason for committing a crime 0 Strict Liability 0 Liability without fault or intention Doesn t require mens rea Other Features of Crime 0 Causation o The fact that the concurrence of a guilty mind and a criminal act may cause harm 0 Legal cause a legally recognizable cause A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm 0 Resulting harm o A harm occurs in any crime although not all harms are crimes 0 Victimless crimes prostitution gambling may not cause physical harm but they create social harm o Rarely necessary to prove harm as a separate element of a crime because it is usually included under the idea of a guilty act 0 Rational to base punishment on mens rea and the action not the actual harm or lack of harm to its degree Principle of legality o A behavior can t be criminal if no law exists that de nes it as such 0 Ex post facto laws are not binding The constitution prohibits the enactment of ex post facto laws which makes acts committed before the laws in question were passed punishable as crimes 0 Principle of punishment 0 No crime can be said to occur where punishment has not been speci ed in the law 0 Necessary attendant circumstances 0 Attendant circumstances The facts surrounding an event Must be present for a conviction to be obtained Sometimes increase the degree of an offense Elements of a Speci c Criminal Offense Element of a crime 0 In a speci c crime one of the essential features of that crime as speci ed by law 0 Speci c legal aspects of a crime that prosecution must prove to obtain conviction 0 The example of murder 0 1st degree elements unlawful killing of a human being intentionally with planning malice aforethought o 2ncl degree elements I unlawful killing of a human being intentionally malice hatred or spite crime of passion 0 3rd degree or manslaughter elements I unlawful killing of a human being not intentional no malice recklessnessnegligence The Corpus Delicti of a Crime 0 Corpus delicti The facts that show that a crime has happened 0 the state has to prove that a criminal law has been violated and that someone violated it o 2 aspects that a certain result has been produced person is criminally responsible for it o the identity of the perpetrator is not an element of corpus delicti TVpes of Defenses to a Criminal Charde defense to a criminal charge 0 evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge 4 categories 0 alibi the defendant could not have committed the offense because he was somewhere else at the time of the crime o justi cations O defendant admits to committing the act in question but claims it was necessary to avoid some greater evil self defense defense of others defense of home and property necessity some illegal action was needed to prevent an even greater harm consent resisting unlawful arrest reasonable force na degree of force that is appropriate in a given situation and is not excessive alter ego rule nrule that holds that a person can defend a third party only under circumstances and only to the degree that the third party could legally act on their own behalf excuses some personal condition or circumstance at the time of the act so that he or she should not be held accountable under criminal law nduress unlawful threat or coercion to induce another to act nage under 7yo cant be charged for any crime juvenile offense for 16 and younger nmistake mistake of law mistake of fact a involuntaryintoxication n unconsciousness n provocation person becomes emotionally enraged by another who intends to elicit just such a reaction a insanity insanity defense a legal defense based on claims of mental illness or mental incapac y o M39Naghten rule a rule for determining insanity which asks whether the defendant knew what he or she was doing or if they knew it was wrong Irresistible Impulse Durham rule a person is not criminally responsible for his or her behavior if the person s illegal actions were the result of some mental disorder 0 The SubstantialCapacity Test 0 The Brawner Rule The Insanity Defense and Social Reaction Guilty but mentally ill GBMI Temporary lnsanity The lnsanity Defense under Federal Law diminished capacity 0 mental condition that may be insuf cient to free the defendant of guilt but that may be relevant to speci c mental elements of certain crimes impaired ability to understand the wrongfulness of the behavior or to control behavior that the defendant knows is wrongful mental incompetence incompetent to stand trial 0 as a result of mental illness defect or disability a defendant isn t able to understand the nature of the charges against them of consulting with an attorney or aiding in their defense El Procedural Defenses Defendant was discriminated against in the justice process or that some aspect of official procedure was not properly followed Entrapment o improper or illegal inducement to crime by agents of law enforcement Double Jeopardy o A common law and constitutional prohibition against a second trial for the same offense Collateral Estoppel 0 Similar to double jeopardy o Applies to facts that have been determined by a valid and nal judgment 0 Facts cant become the object of new trial Selective Prosecution 0 14th amendment equal protection under the law 0 good defense if two or more are suspected for crime but all aren t actively prosecuted Denial of a Speedy Trial 0 6th amendment 0 if limit set of days before trial by law is exceeded defendant must be set free and no trial can occur Prosecutorial Misconduct 0 Actions done by prosecutors that give the govt an unfair advantage or that prejudice the rights of a defendant or witness oPolice Fraud 0 Defense available to defendants victimized by the police through planned evidence fabrication of facts and false arrests Chapter 5 Policing Introduction The nature and techniques of police have changed greatly over the years Historical Development of the Police Police tactics and strategy have changed immensely since historical times and many different types of agencies function within the modern criminal justice system English Roots 0 English police is special signi cance to student of criminal justice in America oAmericans used British model for policing 0 British law enforcement not well organized until 1200 oComes stabuli o A nonuniformed mounted law enforcement officer of medieval England oProtection from trusted friends and family feuds among groups of citizens oGuilt usually assumed trials rare public executions and torture for jus ce oDevelopment of law enforcement in England lead to Bailiffs o Maintained night watch An early form of police patrol in English towns and cities oBritish police practices codi ed by Statute of Winchester 0 Written in 1285 that created a watch and ward system in English cities and towns and that codi ed early police practices 0 Speci ed creation of watch and ward o Mandated draft of eligible males to serve forces o Institutionalized hue and cry making citizens who disregarded a call for help subjective to criminal penalties 0 Required citizens maintain weapons in home for answering call to arms oBow Street Runners oAn early English police unit formed under the leadership of Henry Fielding magistrate of the Bow Street region on London 0 Made to combat large criminal organization led by jonathan Wild in 18th century oThe New Police oThe London Metropolitan Police Service MP5 or Met 0 Police formed in 1829 by Sir Robert Peel 0 First model for modern day police forces in the Western World 0 Members called quotbobbiesquot o 2 principles belief that it was possible to discourage crime practice of preventive patrol The Early American Experience Based on British experience Policing in America originally decentralized geographically dispersed idiosyncratic and highly personalized oThe Frontier 0 Major factor determining development of American law enforcement 0 Citizen posses and vigilante justice only law available to settlers on western frontier o Vigilantism The act of taking the law into ones own hands oPolicing in America s Early Cities 0 Small scale law enforcement came early in larger cities 0 American leaders watched closely as Sir Robert Peel created London s new police 0 New York Police Department 1844 0 Boston police Department 1855 o lnternation Association of Chiefs of Police IACP formed in 1902 Create nationwide clearinghouse for criminal idenU cann o 1915 Fraternal Order of Police initiated operations oTeephones automobiles and radios impacted police system in early 20th century Citizens could report crimes through telephones Officers could call asking for back up Automobiles create affordable rapid transportation 0 Roosevelt organizes Bureau of Investigation FBI Becomes national investigative service 0 Prohibition and Police Corruption 0 Dark period for law enforcement with prohibition against alcoholic beverages 0 Full of criminal activity bootlegged liquor 0 Increased potential for corruption among police officials 0 Law Enforcement Assistance Administration Now nonoperational federal agency established under Title I of the omnibus Crime Control and Safe Streets Act of 1968 to funnel federal funding to state and local law enforcement agencies Recognized that prohibition was unenforceable and was too risky for police corruption The Last Half of the Twentieth Century Huge cultural change in 19605 and 19705 Civil rights movement Supreme Court enumerated constitutionally based personal rights for those facing arrest investigation and criminal prosecution lntense examinations of police operations 0 1967 Presidents Commission on Law Enforcement and Administration ofJustice issued its report found that police were often isolated form community 1969 Law Enforcement Assistance Administration 0 assisted police agencies to adopt latest technology and new enforcement methods 1973 National Advisory Commission on Criminal Justice Standards and Goals 0 made report detailing strategies for combating and preventing crime and improving the quality of law enforcement at all levels EvidenceBased Policing LEAA research left scienti c ndings relevant to police administration and established a tradition of program evaluation Scienti c management 0 Application of scienti c techniques to the study of police administration for the purpose of increasing effectiveness reducing the frequency of citizen complaints and enhancing the ef cient use of available resources 1970 Police Foundation fostering improvement and innovation in American policing 0 Sponsored studies and added to body of scienti c knowledge about policing Today federal support for criminal justice research continues under 0 National Institute ofJustice NIJ National Criminal Justice Reference Service NCJRS assists researchers in locating info applicable to research projects 0 Bureau ofJustice Statistics BJS 0 Both part of the Of ce ofJustice Programs OJP The Kansas Citv Experiment o The rst largescale scienti c study of law enforcement practices Sponsored by Police Foundation focused on practice of preventative patrol o Greatly affected managerial assumptions about the role of preventative patrol and traditional studies for responding to citizen calls for assistance 0 Directed patrol activities Police management strategy designed to increase productivity of patrol officers EvidenceBased Policing Today oEvidencebased policing The use of the best available research on the outcomes of police work to implement guidelines and evaluate agencies units and officers 0 Longterm approach for creating costeffective policing oTodays EBP model quotmost powerful force for changequot in policing today American Policing Today From the Federal to the Local Level Three major legislative and judicial jurisdictions exist in the US Federal state and local There has been little uniformity among jurisdictions Federal Agencies Federal law enforcement A US government agency or office whose primary functional responsibility is to enforce federal criminal laws Individuals authorized to conduct criminal investigation execute search warrants make arrests or carry rearms o The Federal Bureau of Investigation 0 Began as Bureau of Investigation in 1908 o quotThe mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence threats to uphold and enforce the criminal laws of the US and to provide leadership and criminal justice services to federal state municipal and international agencies and partnersquot 0 13500 special agents 20100 civilian employees 0 operates quotlegal attach of ces permit the international coordination of enforcement activities and facilitate the ow of law enforcement o operates the Combined DNA Index System forensic database of DNA pro les of offenders convicted of serious crimes 0 FBI Laboratory Division Operates on of the largest and most comprehensive crime laboratories in world Only full service forensic lab in the US oThe FBI and Counterterrorism After 911 FBI shifts priorities to focus on preventing future terrorist attacks Managed by Counterterrorism Division at FBI headquarters Collects analyzes and shares information and critical intelligence with other federal agencies and departments a CIA NSA and Homeland Security a Joint Terrorism Task Force StateLevel Agencies 0 Usually organized after one of two models 0 Centralized model major criminal investigations combined with patrol of state highways Assist local law enforcement departments in criminal investigations Operate centralized identi cation bureaus Maintain centralized criminal record repository Patrol the state s highways Provide training for municipal and county officers 0 Decentralized model characterizes operations in the southern US Midwest and some western states Draws clear distinction between traffic enforcement on state highways and other state level law enforcement functions by creating at least two separate agencies Usually have a number of other adjunct statelevel agencies Local Agencies 0 Municipal departments rural sheriff s departments specialized groups like campus police and transit police NYPD nations largest law enforcement agency 0 45000 full time employees 0 34500 fulltime sworn of cers law enforcement of cer who is trained and empowered to perform full police duties such as making arrests conducting investigations and carrying rearms 12500 municipal police departments 0 A city or town based law enforcement agency Sheriff 0 Elected chief officer of a county law enforcement agency Usually responsible for law enforcement in unincorporated areas and for the operation of the county jail 0 Departments responsible for serving court papers and maintaining security within state courtrooms Private Protective Services 0 Private protective services 0 Independent or proprietary commercial organization that provides protective services to employers on a contractual basis ASIS International dedicated to increasing the effectiveness and productivity of security professionals by developing educational and certi cation programs and training materials that address the needs of the security profession o 3 certi cation programs Certi ed Protection Professional Physical Security Professional Professional Certi ed Investigator Growth of the American proprietary security sector due to 0 Increase of crimes in workplace 0 Increase in fear of crime and terrorism 0 Fiscal cries of the states have limited public protection 0 Increased public and business awareness of more cost effective private security products and services Integrating Public and Private Security Each form of policing can help the other Resources of proprietary and contract security should be brought to bear in cooperative communitybased crimeprevention and securityawareness programs Building private securitypublic policing partnerships to prevent terrorism and to respond to threats of terrorism Signi cant demands of crime prevention and response need the increase of partnerships between public policing and private secur y