CRIMINAL LAW CRJS 260
Virginia Commonwealth University
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Popular in Criminal Justice
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Date Created: 10/28/15
50 question test What a protection is under the protection law you would think it would be protection against race age gender etc Strict scrutiny is a protection under the protection law you should know it is a test not a protection law Individuals who help prepare for a crime what are they called Accessory before the fact or accomplice If I want to punish you to deter others from breaking the law it would be general deterrence Specific intent in what I m doing as I commit my act Rule that says you re not legally responsible or require you to aid a bystander American bystander rule Purposely knowingly recklessly and negligently Sentencing before an act did not accept rehabilitations act lfl help you after the crime you are an accessory after the fact lfl am the perpetrator of the crime I am the criminal in 1St degree Misdemeanor is a crime punishable under 1 year Felony punishable 1 yearto death EX post facto law Under common law principle in the 2nd degree do they have to be present Yes What amendment states congress should make no law oppressing freedom of speech 1St amendment What amendment states that you should not receive cruel or unusual punishment 8th amendment Accessories Whatever the law declares to be a criminal intent is called a crime Constructive possession possession outside the individuals immediate reach of control Natural and probable causes Encourage or facilitate a crime you will be liable as an accomplice Pinkerton rule conspiracy is a crime in itself separate and distinctive crime Under common law individuals possessed an obligation to aid or assist their child spouse or employee is WHAT Criminal procedure detection investigation and crime Constructive intent grossly and wantonly reckless Criminal act is called Actus Reas What felonies are subject to the death penalty or life in prison Capital felonies Repertory offence When given the choice Principle or accessory and you are present and carry out the crime you are principle Page 29 the 5th amendment and the 14th amendment both prohibit depriving an individual of life liberty and pursuit of happiness without due process of law Concurrent and consecutive terms Do I need concurrence between actus reas and mens reas yes has to be a connection between act and intent CHAPTER 11 HOMICIDE Intro 0 the only crime subject to the death penalty 0 at common law murder was de ned as the unlawful killing of another human being with malice aforethought Types of criminal homicide o 39usti able homicide includes selfdefense defense of others defense of home and police use of deadly force excusable homicide is murder committed by individuals who are considered legally insane with diminished capacity or infants manslaughter is a homicide committed without malice aforethought without justi cation or excuse murder consists of all homicides that are neither excused or justified malice aforethought is commonly defined as intent to kill with an ill will or hatred the Model Penal Code notesthat common law defined deprave heart murders with extreme recklessness or negligence as well as felony murder first degree murder is committed with premeditation and deliberation second degree murder does not involve premeditation or deliberation voluntary manslaughter is murder in the heat of passion involuntary manslaughter is committed with gross negligence Actus Reus and Criminal Homicide o the actus reus consists of unlawful killing of a human being or causing the death of a person The Beginning of Human Life 0 at common law a defendant was not liable for the life ofan unborn child unlessthe child was born alive and with capacity for independent existence 0 at present most states hold a criminal liable forthe life ofan unborn child if the prosecution is able to prove beyond a reasonable doubt that the fetus was viable The End of Human Life 0 most states have adopted a brain death test for death 0 some states still use the yearandaday rule which holds a defendant liable for the death ofa victim if the victim dies within one year plus one day of the act 0 most states use a proximate cause of death test mostly regardless of elapsed time Mens Rea and Criminal Homicide o the grading or assignment of degrees of homicide is based on a defendant s criminal intent first degree murder must be carried out in a cool state of mind in furtherance of the design to kill first degree murder is treated more seriously than all other forms of homicide primarily because an individual capable of consciously devising a plan to take the life of another person poses an obvious threat to society typically capital andor aggravated murder occurs when the victim is a police of cer or a juvenile ifthe offender is an escaped inmate ifthe act is terrorism or murder for hire or when the killing is committed during a dangerous felony second degree murder is mostly defined as any murder not manslaughter that is not first degree depraved heart murder consists of an act that creates a very high degree of risk or bodily injury that places at least one person in danger committed by an individual who knows or reasonably should know ofthe dangerous nature of his or her acts ifan individual is killed during the commission ofa felony felony murder is committed felony murder laws exist to deter individuals 0 from committing dangerous felonies o from placing others in danger during the commission of a felony o to punish harshly those who commit such acts and to relieve prosecutors ofthe burden of establishing criminal intent some jurisdictions utilize the agency theorv of felony murder which holds defendants liable for the deaths of individuals who died from acts committed by the defendant otherjurisdictions utilize the proximate cause theom of felony murder which holds defendants liable for corporate murder in those cases that conduct is performed or approved by corporate managers or of cials Manslaughter adeguate provocation conduct that is sufficient to excite an intense passion that causes a reasonable person to lose control the law of provocation is based on the reaction that ofa reasonable person ifa person has had an adequate coolingoff period between the provocation and the homicide the crime is upgraded from manslaughter to murder involuntam manslaughter can be divided into negligent and misdemeanor manslaughter some states also include vehicular manslaughter misdemeanor manslaughter results from an unintentional killing from an act that is unlawful yet not a felony Chapter 12 Burglary TrespassI ArsonI and Mischief Crimes against a Person intro 0 a fundamental aspect of American character is ownership and control of a home Burglary defined at common law as the breaking and entering ofthe dwelling of another at night with the intent to commit a felony Established on the premise that a man s home is his castle and the place of security for his family as well as his most cherished possessions Common law required a breaking to enterthe home Now most statutes no longer require a breaking and instead use unlawful or uninvited entry as a requirement Only a portion ofa person s body need enter a dwelling for an entry to occur At common law a dwelling included the cartilage which is the land and buildings surrounding the home Most jurisdictions no longer limit burglary to a home but any private structure A crucial component of burglary is the unlawful breaking and entering into the home of another and such it is the dwelling of the individual who resides in a structure not necessarily the one who owns it At common law burglary had to be committed at nighttime The nighttime requirement is no longer applied although doing so is often considered an aggravating factor Intent to commit a felony when committing the breaking and entering is required for burglary in other words if the intent to commit a felony is formed after the defendant is in the structure burglary has not occurred Typical aggravating factors for burglary include intent to commit egregious felonies rape murder armed with a firearm or dangerous weapon or committing the act at night when the residents are expected to be home Trespass o The unauthorized entry or remaining on the land or premises of another 0 A defiant trespass occurs when an individual knowingly enters or remains on a premises after receiving a clear notice that he or she is trespassing c There are three different classification of mens rea for trespassing knowing used by most states purpose a specific intent to trespass or strict liability Arson 0 Defined at common law as the willful and malicious burning of the dwelling house of another 0 The fire must not necessarily require to destroy or seriously damage the structure a small burnspot on the floor is usually sufficient 0 States now no longer limit arson to dwelling places 0 Modern statues have eliminated the requirement that the dwelling be that of another thus allowing for prosecution of the malicious burning ofone s property 0 The mens rea is still mostly willful and malicious with some gradation of recklessness o Aggravating factors include causing a great deal of damage and intent to cause death or injury to inhabitants Criminal Mischief 0 At common law criminal mischief was defined as the destruction of or damage to the personal property of another a misdemeanor o By the Model Penal Code and most state statutes this crime has not changed 0 The Model Penal Code identifies three types of acts 0 Destruction or damage to tangible property 0 Tampering with tangible property 0 So as to endanger a person or property Ch 13 Crimes against Property Private Property intro 0 The fifth amendment of the US Constitution prohibits the taking of property without due process of law Larceny Defined at common law as the trespassory taking and carrying away ofthe personal property ofanother with the intent to permanently deprive that individual of the possession of the property Trespassory taking means to take possession physical control with the ability to use and enjoy of property without consent Possession is different from custody which is defined as temporary and limited right to control property Constructive possession is the taking of property for use other than that intended when control is given to the individual Taking and movement of property regardless of however briefly or slight is required for larceny Concurrence must exist between the taking ofthe property and the intent to deprive the owner for larceny to occur Typically the grand and petit or petty larceny is differentiated by the value ofthe goods taken typically anywhere from a few hundred dollars worth to a few thousand Larceny by trick occurs when possession is obtained through misrepresentation Embezzlement o Embezzlement did not exist in common law 0 Central elements of embezzlement include the fraudulent conversion ofthe property ofanother by an individual who is in lawful possession ofthe property 0 Embezzlement is distinguished from larceny in that the property taken is lawfully taken possession of but then fraudulently converted False Pretenses Obtaining title and possession of property ofanother by a knowingly false representation ofa present or past material fact with the intent to defraud that causes an individual to pass title to his or her property The actus reus of false pretense is a factual misrepresentation not merely exaggeration Silence does not constitute false pretense however questions from the buyer must be answered in a factually accurate manner by the seller To satisfy the mens rea of false pretense the act must be done knowingly and designedly with the intent to defraud False representations that are reckless or made without information are typically sufficient to satisfy the mens rea requirement Theft 0 Some states have combined larceny embezzlement and false pretenses into a singular theft statute o Other crimes included in theft statutes include 0 Receiving stolen property Blackmail Extortion Taking of lost or mistakenly delivered property Theft of service 0 Unauthorized use ofa vehicle Theft statues are put in place typically to streamline the judicial process and make it easier for prosecutors to press charges OOOO Identity Theft The theft of a person s name and identifying information including social security number bank account information credit card numbers and other information Federal legislation was passed in 1998 The Identity Theft and Assumption Deterrence Act which made identity theft criminal Computer Crime Computer crime consists of a variety of statues that essentially criminalize activity such as unauthorized access to a computer or a computer network or program the modification removal or disabling of computer data programs or software causing a computer to malfunction copying computer date programs or software without authorization and the falsifying of electronic mail transmission in connection with the sending of unsolicited bulk electronic mail SPAM Receiving Stolen Property Receipt of property knowing the property to be stolen with the intent to permanently deprive the owner of the property To satisfy actus reus property must be controlled however briefly either actually or constructively To satisfy mens rea most states require that the defendant have actual knowledge that the goods are stolen Other states broaden mens rea by providing that it is sufficient that an individual believes or that a reasonable person would believe that the goods are stolen Forgery and Uttering Originally forgery was enforced against those who used the king s seal without permission Forger is the creation ofa false legal document of the material modi cation of an existing document with the intent to deceive or defraud others Uttering is an offense distinct from forgery that involves the act of circulating or using a forged document Typically these laws are enforced when the case involves documents that possess legal signi cance documents that actually matter Robbery Aggravated larceny from an individual with the use of violence or intimidation To separate this from larceny the property must be taken directly from the victim s person or presence and by means of violence or intimidation For concurrence to occur the violence or intimidation must coincide with the taking of the property not come merely afterthe fact Aggravating factors include robbery with a dangerous weapon in icting serious bodily injury or carried out with an accomplice Carjacking o A form ofrobbery that punishes the taking ofa motor vehicle in the possession of another from his or her person or immediate presenceagainst his or her will 0 Carjacking must also usually be accomplished by force or fear 0 The defendant need not intend to permanently seize the car Extortion o A misdemeanor at common law extortion punished an offender for the unlawful collection of money by a government of cial 0 Now it is defined as the taking of property from another 0 by a present threat of future violence threat to circulate secret embarrassing or harmful information threat of criminal charges threat to take or withhold of cial government action threat to inflict economic harm and other harms listen in the state statute with a speci c intent to deprive a lawful possessor of money or property 0 The threat to disclose personal or embarrassing information is typically known as blackmail OOOO Chapter Fourteen WhiteCollar Crime Professional Crime intro 0 Based on the social class of offenders nature of the criminal violation or specific statutory violations 0 Whitecollar crime is defined as illegal acts that employ deceit and concealment rather than the application of force to obtain money property or service to avoid the payment or loss of money or to secure a business or professional advantage 0 Whitecollar criminals occupy positions of responsibility and trust in government industry the professions and civil organizations Environmental Crimes o Threaten the health and natural resources of the United States 0 Such crimes range from air and water pollution to the illegal transportation and disposal of hazardous waste 0 Most prosecutions for environmental crimes are undertaken by the federal government 0 Most investigations in this area are carried out by the Environmental Protection Agency EPA 0 Central environmental include The Refuse and Harbors Appropriation Act 1899 the Safe Drinking Water Act 1974 and the Clean Air Act 1990 among others Occupational Health and Safety 0 In 1970 the US Congress passed the Occupational Safety and Health Act OSHA in response to the high number ofjobrelated deaths 0 OSHA primarily relies on the civil process and financial penalties to insure compliance 0 OSHA refers cases of intentional knowing or reckless violations that result in death for prosecution by state authorities and in recent years to the EPA Security Fraud 0 Stock fraud and investment fraud Insider Trading Buying ortrading stock while in possession of material nonpublic information about the stock and the company Two theories exist on insidertrading both ofwhich impose liability on the tippers and the tippees The disclose or abstain doctrine states that corporate officials must publicly reveal information to the public relating to the economic condition ofa corporation before they buy or sell the company s stock Mail and Wire Fraud Mail fraud is defined as the act of devising or intending to devise any scheme or artifice to defraud or for obtaining money or property by means of false or fraudulent pretensesfor the purpose of executing such schemepaces in any authorized depository for mailany matter or thing whatever to be sent or delivered by the Postal Serviceor takes or receives there from any such matter or thing Wire fraud is similar to mail fraud with the exception that the wire communication must cross interstate or foreign boundaries The Travel Act 0 Passed in 1961 intended to assist state and local governments to combat organized crime 0 Authorizes the federal government to prosecute what are ordinarily considered the state criminal offenses of gambling the illegal shipment and sale of alcohol extortion bribery arson prostitution money laundering and controlled substances Health Care Fraud 0 In 1996 the US Congress made it a crime to defraud any health care benefit program orto obtain by the means of false or fraudulent pretenses representations or promises any of the money or property owned by or under the custody or control of any health care benefit program Money Laundering Defendant engaged or attempted to engage in a monetary transaction that he or she knew involved funds or property derived from one or more of a long list of criminal activities listed in the statute intended to conceal or disguise the source ofthe money or property or intended to promote the carrying on of a specific unlawful activity The money must constitute the proceeds or pro ts from an unlawful activity Antitrust Violations 0 Two or more persons or organizations knowingly entered into a contract or formed a combination or conspiracy which produced or potentially produced an unreasonable restraint of interstate trade Public Corruption Crimes of of cial misconduct are defined as the knowingly corrupt behavior by a public official in the exercise of his or her official responsibilities Bribery of a public official is the most frequently prosecuted state and federal misconduct crime Grafting is defined as asking accepting receiving or offering money or an item of value as compensation or a reward for an of cial decision Grafting does not require intent to in uence orto be in uenced Chapter Fifteen Crimes against Public Order and Morality Intro 0 Crimes against public order encompass offenses that create public inconveniences and annoyances 0 Crimes against morality encompass socalled victimless crimes Disorderly Conduct 0 Common law de ned breach of the peace as an act that disturbed ortended to disturb the tranquility of the citizenry o Disorderly conduct is a misdemeanor that punishes those who engage in violent abusive indecent profane boisterous unreasonably loud or othenNise disorderly conduct that does or tends to cause a disturbance whether in public or private 0 The mens rea of disorderly conduct varies by statetostate from knowingly to recklessly Riot 0 At common law an unlawful assembly was an assembly of three or more persons with the purpose to engage in an unlawful act 0 Unlawful assembly was upgraded to a riot when these individuals engaged in violence 0 While they differ states have all adopted some form of riot laws based on the British law Public lndecencies Quality of Life Crimes Includes public drunkenness vagrancy loitering panhandling graffiti and urinating and sleeping in public These crimes receive very limited attention as they are minor misdemeanors Quality of life crimes are focused on when applying the broken windows theory Vagrancy is defined as an individual who wanders the streets with no apparent means of earning a living Loitering is de ned as standing in public with no apparent purpose Homelessness is increasingly being deemed a misdemeanor by various municipal ordinances Panhandling is also increasingly being outlaws by municipal ordinances Gang violence is a growing problem in the United States and as such many states have adopted legislation to make it a crime to solicit a person to join a gang Some jurisdictions have made committing a crime as a gang member an aggravating offense to curb gang violence The Overreach of Criminal Law 0 Socalled victimless crimes are criticized for a variety of reasons illegal activities have no legitimate competition and thus are able to charge high prices for an illegal service thus enabling them to get large amounts of money to fund further criminal activities Such laws are not consistently enforced across states making activities illegal may make such activities romantic and appealing to younger people Law enforcement resources are scarce as it is and pursuing such crimes only serve to drain them further making these activities illegal forces those who engage in them underground and creates a criminal subculture o Prostitution makes it illegal for either men or women to solicit or engage in any sexual activity in exchange for money or other consideration at times without any emotional attachment 0 Prostitution is illegal and has been for centuries if not millennia for various reasons including the spread of disease damage to the family exploitation of women and its inherent immoral nature 0 Solicitation for prostitution is also a crime 0 Pimping is the procuring ofa prostitute for another individual 0 Pandering is the encouraging and inducing ofanotherto become or remain a prostitute Obscenity o Obscenity is illegal in various capacity across institutions 0 Obscenity is a crime to protect the community and its moral fabric prevent antisocial conduct protect the integrity of women and because it produces a sexual rather than mental response and is a form of sexual communication ratherthan the expression of ideas 0 The threepart test for obscenity is that obscene material appeals to prurient interests is patently offensive and lacks serious literary artistic political or scientific value when taken as a whole 0 Material classified as child pornography need not meet the above threepart standard 0 Many states classify material as child pornography that depicts children under a certain age such as 16 as engaging in a sexual activity regardless of intrinsic value c lndecent exposure laws make it an offense to expose sexual organs in public engage in sexual activity in public appear in a lewd state involving partial or complete nudity in public or to lewdly fondle or caress the body ofanother person in public Cruelty to Animals 0 Cruelty to animal laws are based on the belief that respect for animals help teach people to act with sensitivity and regard for their fellow citizens as well as the emotional attachment that people have toward their pets and other animals 0 Violence toward animals is thought to encourage further aggression toward human beings Chapter Sixteen Crimes against the State Introduction Regardless of colonial Americans fear of government laws still needed to be enacted to prevent attacks against the government and the people Treason Intentionally vague in old England to permit the crime to be applied to any critics of the king The vague nature of the English law inspired the Founding Fathers create a speci c definition for treason According to the US Constitution treason against the United States shall consist only in levying War against them or in adhering to their Enemies giving them Aid and Comfort No Person shall be convicted of Treason unless on the Testimony oftwo witnesses to the same overt Act or on Confession in open court Treason is the only crime in the US Constitution Many state constitutions define treason against the state government intellectually or emotionally harboring sympathies or convictions disloyalquot to the United States is not treason unless it is accompanied by a treasonous act Additionally the mens rea of treason is an intent to betray the United States Only a handful of individuals have been convicted on treason in the United States Sedition At common law any communication intended or likely to bring about hatred contempt or disaffection with the kind the constitution or government Couldcan be committed by means of seditious speech seditious slander or seditious writing seditious libel Modern sedition punishes an individual who incites sets on foot assists or engages in any rebellion or insurrection against the authority ofthe United States or the laws thereof or gives aid to comfort thereto The seditious conspiracy law is directed against the use of force against the government the use of force to prevent any execution ofany law or to interfere with governmental property Seditious conspiracy has been used recently to prosecute those accused of terrorist activities Sabotage The willful injury destruction contamination or infection of any war material war premises or was utilities with the intent of interfering or obstructing the United States or an allied country during a war or national emergency Sabotage may also be committed in peacetime against defense material premises or utilities To satisfy the mens rea of sabotage the individual must have specific intent or purpose to damage the national defense ofthe United States Espionage Espionage and espionage during war are separate offenses Giving information about the United States to foreign nations especially nonallies with the intent to harm the country is a very serious offense so don t do it Terrorism