Exam Two Notes
Exam Two Notes CJS 208
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This 12 page Class Notes was uploaded by Michelle Bonnen on Wednesday October 7, 2015. The Class Notes belongs to CJS 208 at Illinois State University taught by Donald Bernardi in Fall 2015. Since its upload, it has received 37 views. For similar materials see Criminal Law in Criminal Justice at Illinois State University.
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Date Created: 10/07/15
Exam 2 Notes 09302015 Ch 7 Other Criminal Defenses to prove guilt of a person charged with a crime the state must present evidence 1 that the crime was committed Corpus Delicti o suicide is not a crime because the party cannot be punished 2 that the defendant committed or was a party to the crime charged Defenses defenses provide either an excuse for the conduct like insanity or justi cation for the conduct like selfdefense there is a category called quotAffirmative Defensesquot this defense assumes the defendant performed the acts in the indictment and says quotI did it but I had a good reason to do itquot o This defense assumes that Sources of af rmative defenses 1 some are the product of state or federal law like immunity or alibi immunity is an exemption from criminal prosecution based on the constitution statutes or international agreements o Diplomatic immunity Foreign diplomats are immune from arrest and prosecution Diplomatic officers and their families enjoy the privilege They cannot be convicted unless their government waives immunity and they can t be sued in the civil court either What about a double homicide does he go free a Could ve but immunity was waved in Belgium Immunity l two types 0 A legislative immunity is protection from arrest ONLY while the legislature is in session It is from the constitution which says senators and congressmen shall be privileged from arrest when attending their sessions 0 B witness immunity Found in the uniform extradition act which protects a witness from being arrested while attending court in a foreign state Why a lncriminating Look up in book Same reason for diplomatic immunity What if the witness is given immunity and still refuses to testify n Contempt of court Witness immunity Two Types In 1 Transactional preferred he may not be prosecuted for the offense he testi ed about complete protection and n 2 Use only the testimony that was compelled may not be used against him 0 He still may be prosecuted if they can prove it with something else other than his compelled testimony 2 Mistake or ignorance of fact defense if you take the wrong textbook or coat is it theft the state has to show intent to permanently deprive for theft what element is removed by this defense 0 The correct mental state Morissette vs US while hunting on govt land he gathers bomb casing and sells them for scrap he is charged with quotknowingly stealing and converting property of USquot can mistake of fact be used in a strict liability crime Like speeding No punishing the act only doesn t need a mental state same rule for statutory rape doesn t require mens rea assaulting a federal of cer no scienter in the statute employing a minor in a strip club general rule ignorance of the law is never a defense Rare exceptions see Cheek vs US tax case163 3 Intoxication or drugged condition 0 A the general rule is the voluntary intoxication is no excuse from criminal conduct The only exception in many states would be speci c intent crimes theft intent to kill all attempts 0 Remember all crimes of attempt are speci c intent In these cases the defendant must admit he committed the crime but claimed he was too intoxicated or drugged to form the speci c intent necessary However the defense does not apply to general intent crimes Does it apply to murder knowing Intoxication o A person is criminally responsible for conduct unless condition is involuntary produced and deprives him of substantial capacity the appreciate the criminality of his act B generally two factors 0 1 The defendant was tricked or forced o 2 He could not form the speci c intent necessary for the crime charged but was physically capable 0 even if the defense negates the speci c intent crime the defendant can still be charges of a lesser general intent crime 4 Duress or Coercion it is known as compulsion in Illinois 0 here the defendant admits he committed the offense but claims that he was forced to do so to avoid death or serious bodily injury 0 Generally this requires 0 1 Showing the defendant reasonably believed his life was in dangerand o 2 It must be present and immediate threat not a future threat 0 what if your robbery partner orders you to kill the clerk or he will kill you might have a defense compulsion l quotcheck statutesquot 0 murder is exempt 2 some are from the common law like selfdefense or duress 3 some are from the constitution like double jeopardy or speedy trial 5 Necessity Think of it as a force beyond the defendant s control In a prison escape case the California test for these cases requires 1 Speci c threat of death or sexual attack in the immediate future 0 Factors that would trigger giving the jury a necessity plea 02 No time to complain or a history of futile complaints 03 No time to resort to the court 04 No force or violence toward prison guards during the escape 05 Immediately reports it to the proper authorities police turn yourself in Ex Prison Cases in Illinois this is NECESSITY 5713 Necessity and Duress Look at 5 What would you expect if the escape were only to free yourself of immediate danger Where would you go when you escape from the prison 0 The is precisely what the US Supreme Court held in 1980 in US v Bailey surrender or return to custody when coercive force is gone EXAMPLES A DESTROYS A DAM l guy makes girl light dynamite he threatens her life she can claim duress compulsion defense other scenario town is ooded and you light the dynamite to x the problem necessity o4 MEN AND A BOY ADRIFT AFTER A SHIPWRECK l necessity YOU AGREE TO ROB HARDEES l compulsion no defense if you actually kill the person 6 Alibi ALB Simply stated the defendant asserts he could not have committed the crime because at the time it was committed he was at another place Aims to raise a reasonable doubt about the defendant s presence at the scene in the minds of the jurors 0 Most states including lllinois require the defendant to give notice to the state of alibi and names of witnesses to the defense in discovery see rule 413 d iii WHY can t spring it on the other side could be a mistrial if there s a discovery issue 7 Crimes committed at the direction of another General rule committing a crime on advice or order of another is no defense Ex Military Acting under ordersMy Lai massacre o wiped out an entire village Not recognized today Ex CAT killer Heyworth case meela quotcat namequot See 720 5 48 4 he acts in reliance of an official interpretation from a public official an officer legally authorized to interpret the statute Note However in 1908 the US Supreme Court approved of the idea that if an attorney told you the acts were lawful that person could not be convicted Why 8 Double Jeopardy quotNo person shall for the same offense be twice put in jeopardy of life or limbquot 5th Amendment The legal question is the meaning of the word jeopardy lfjudge or jury has acquitted a defendant he may not be tried again o What if the judge was convicted of taking a bribe in that case to acquit not double jeopardy if you were paid off lnsanity verdict l can t try again once they quotget betterquot leooardv attaches In a jury trial when the jury is sworn in and in a bench trial when the rst witness is sworn in Hence an acquittal after these events bars a retrial o What about a mistrial In a mistrial the judge stops the trial due to an error committed by one of the parties there is no verdict in a mistrial Can both the state and federal governments prosecute for the same crime YES 0 This rule is from the 1959 case of Bartkus v lllinois the defendant was acquitted of Federal bank charges and then convicted in State court No constitutional bar to two trials 0 This is called the Dual Sovereignty doctrine when different governments may each le separate criminal actions for the same crime Review Double jeopardy doesn39t apply 0 1 When one action is civil the other criminal Oj Simpson 0 2 Hung jury not unanimous or error resulting in a mistrial 3 There was fraud in the lst trial See lllinois case People v Aleman where trial judge was bribed 4 If the action is a forfeiture of property cash car or home the defendant may still be tried and punished with jail or nes 5 When one is charged both in Federal and State court 9 Entrapment ln law enforcement everyone recognizes that police may use traps decoys and deception to obtain evidence but it is improper to use excessive encouragement likely to cause people to commit crimes they would not ordinarily be disposed to commit 5712 cops can deceive you and you can be charged RULE The simple offer to purchase drugs is not entrapment But when the criminal design originates not with the defendant but with the police and the defendant is induced into the criminal act public policy prohibits prosecution overhead D What evidence is now permitted by the state if the defendant asserts entrapment in a drug case any evidence of previous drug dealing Note Some states permit the defendant to assert innocence and maintain entrapment Illinois does not The defendant admits he committed the crime and offers his explanation Can the intent to deliver drugs be planted by the state in the mind of the defendant Frame Up Frameup v entrapment In frameup the defendant claims that the police planted the contraband on his person or in his clothing Is frame up an affirmative defense 0 In a frameup defense the defendant claims innocence and claims that evidence was planted by the police He does not admit the crime 0Could you obtain illegal drugs from a government informant then sell them to another undercover officer and still be convicted l yes mental state Ask yourself what was his intent l mental state Was he predisposed to commit the crime 10 Outrageous government conduct This defense is rare and suggests that the government s conduct quotshocks the consciencequot the basis for the defense is a violation of due process p186 1 US v Marshank used def atty to prosecute 2 Police lie about ID at a lineup l shocks the conscience 3 supplied grain for alcohol 2 yrs then bought it Green v us violation of due process 14th amendment Permitted conduct Internet chat rooms posing as children Paying a girlfriend expenses while she gathers evidence about her boyfriend or reverse stings where the agents se drugs to defendants 11 Speedy Trial and Statute of Limitations 0 Speedy trial time from charge to trial This comes from the 6th Amendment right to a speedy and public trial A four factor test established by the US Supreme Court in 1972 Barker v Wingo 1 Length of delay 02 Reason for delay 03 Defendant39s assertion of his right did he demand a speedy trial 04 Prejudice resulting from the delay Length is a matter of state law I is 120 days if you are in jail and 160 days if you are on bond Statute of Limitations Statute of Limitations time from commission of crime to charge Sets the maximum time the government has to prosecute a violation of a criminal law This was unknown in England but began in the colonies as early as 1652 Now only 2 states have no statute of limitations These statutes protect against precharge delay Simply put they encourage speedy prosecution of cases Statute of limitations is not constitutional it is legislative Consent Consent This is an essential element in sex assault and theft cases that is that the victim did not consent However ln statutory rape it39s not an issue Why only have to prove the act quotthought the 12 yr old was 19 l doesn t matter Can children consent in sex offense cases is this a valid defense l yes but we don t care We don t recognize that they have the ability to do so We go by the law Ch 8 Criminal Punishment 1Early English punishments Lets look at punishment in a general way rst What do we know about society s beliefs about punishment based upon the penalties for crime In England 200 crimes wdeath penalty English Practices that avoided severe penalties 1 Bene t of clergy 2 Law of Sanctuary l if you commit a crime and go to a church the cops won t be able to enter and come get you 3 Transportation sentence people and then send them to Australia on a boat 2 Colonial punishments Capital punishment was not as common only 12 crimes with death because of a lack of labor Examples idolatry witchcraft adultery murder perjury in a capital trialWhy perjury l lying in courton the witness stand someone else could die due to your lie 3 The Constitutional limits on punishment The 8th Amendment quotexcessive bail shall not be imposednor cruel and unusual punishmentquot Who decides these issues today the courtjudge has to gure out what is excessive under the 8th amendment 04 Corporal punishment l 18 states still have this s in icting nondeadly physical injury as punishment Mutilations and branding were discontinued many years ago but the use of corporal punishment continued 0 In 1968 the last 2 states permitting whipping ended the practice with the 8th Circuit Court of Appeals decision nding it an 8th Amendment violation Does the same rule follow in schools Remember this is not a criminal punishment imposed by the court The 8th doesn t apply Our Supreme Ct said there is no rule prohibiting corporal punishment in schools Thus teachers may use force reasonably necessary for training control and education remember quotin loco parentisquot l teacher counselor babysitter etc n prisons it is banned and it is OK in schools Unlike schools which are quotopen institutionsquot prisoners have none of the community and legal restraints on the guards to provide safeguards since it s a closed environment no one can see the abuse There are however protections given under the 14th Amendment in regards to corporal punishment 1 A school could violate Procedural Due ProcessA claim under the 14Th that the school permitted corporal punishment without a prior determination of some school rule violation 2Substantive due process A claim under the 14Th that state conduct in punishing the student is so brutal demeaning and harmful as to shock the conscience l use of a belt 18 states continue to permit corporal punishment in schools still can go through due process 5 Capital punishment n Furman vs Georgia the Supreme Court said that the death penalty was being applied in an quotarbitrary and capriciousquot way by the states and this was unconstitutional States could pass statutes if they include these 1The state must choose the crimes who decides the issue of death the method to be used and the appeal process 2The judge orjury must make aggravating and mitigating ndings before imposing the penalty 1Aggravating circumstances are ndings that justify the penalty 2Mitigating circumstances are ndings that would weigh against the imposition of the death penalty 3See statutes for ch 8 Constitutional Interpretation There are two schools of thought 1 Strict Constructionist It is based on the intent of the framers that is those who debated and drafted the Constitution over 200 years ago 0 People who think the words of the 8th ought to be what the framers intended them to be 2 The interpretation ought to be based on modern thought morals and practices more personal to the justice the living constitution theory Which of the two should you follow if you are conducting a Beethoven symphony Ex 1 says play it like the conductor amp 2 says play it the way you want to the quotliving Constitution theoryquot Note the quotnational consensus argument p214quot Limits on Punishment Proportionality Test Supreme Court sometimes looks at the gravity of the crime and the severity of punishment to decide 8th quotcruel and unusualquot violation Like these US V Bajakajian fore t 357000 excessive ne l went to the supreme court 0 1908Weems vs US 15 years in prison for falsifying govtdocuments was excessive Roberts vs Louisiana automatic death for murder of police without a sentence hearing with mitigation evidence was excessive Coker vs Georgia defendant serving time for murder and rape escapes prison and rapes death penalty excessive Graham v Floridalife for armed robbery by juvenile excessive NO VIOLATION Harmelin vs Michiganlife for 672 gms of cocaine Sentencing and Jury Trials important Petitioner Apprendi red several shots into the home of an African American family and made a statementwhich he later retractedthat he did not want the family in his neighborhood because of their race Penalty up to 10 yr After Apprendi plead guilty the prosecutor led a motion to enhance the sentence The court found by a preponderance of the evidence that the shooting was racially motivated and sentenced Apprendi to a 12year term HELD due process requires that any fact that increases the sentence beyond the maximum be submitted to a jury for consideration except prior convictions that enhance penaltv This rule holds that when you plead guilty or are tried the sentence is xed at that point It may not be increased after you plead or after trial this case changed the laws in every single state