Fundamentals of Criminal Law
Fundamentals of Criminal Law CRIJ 1310
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This 14 page Class Notes was uploaded by Clovis O'Hara on Thursday October 29, 2015. The Class Notes belongs to CRIJ 1310 at University of Texas at El Paso taught by Melinda Lauck in Summer 2015. Since its upload, it has received 53 views. For similar materials see Fundamentals of Criminal Law in Criminal Justice at University of Texas at El Paso.
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Date Created: 10/29/15
Chapter 6 Homicide Murder 0 Elements 1 Acted with specific intent to kill 2 Conduct caused the death of another human being 0 Motive is not an element of proof needed for conviction FBI Stats 31 no motive established Degrees of murder charges 0 Usually 1st degree Premeditated o 2 101 degree all others 0 Punishment 0 Consecutive aka Stacking I One after the other 0 Consecutive Vs Concurrent Sentencesgt All sentences together Felony Murder Rule 0 Elements 1 Commission or attempt to commit a dangerous felony PLUS 2 Death resulted during commission thereof 0 Dangerous Felonies 0 Robbery Rape Arson Burglary Kidnapping Felonious Escape OOOOO Voluntary Manslaughter 0 Elements 1 Acted with intent required for murder 2 In response to adequate provocation 3 Conduct caused the death of human being Involuntary Manslaughter 0 Elements 1 Unintentional killing of human being 2 Death occurred either a During act not a felony b As result of criminal negligence 3 The unlawful act or negligence caused death Negligent Manslaughter 0 Elements 1 Unintentional killing of human being 2 Death resulted from negligent act 0 Types 0 Simple negligence 0 Civil liability o Recklessness 0 Gross negligence o Involuntary manslaughter o Negligence of voluntary manslaughter Special Problems in Homicide o Victim must be a living human being Pregnant woman 1 or 2 murders 0 Year and a day rule 0 Death must occur within one year and a day from bad act 0 Modern medical intervention has changed the practicality of this rule Suicide 0 Common law rule Suicide is considered murder so one who assisted was a party to the crime 0 Statutes 0 Oregon permits physicist to assist 0 Death with dignity Act 0 In NY Washington Oklahoma Even physicist assisted is manslaughter Euthanasia Mercy Killing 0 Killing ofa loved on to avoid further suffering Chapter 7 Sex Offenses Rape 0 Elements 1 Unlawful sexual intercourse 2 Committed by use of force fear or trick 0 Sexual intercourse definition for purposes of rape charges 0 Penetration of the penis into the vagina 0 Full sexual act doesn t have to be completed 0 Can a woman rape a man N0 Consent o The defense is often consent which is negated by even slight use of force fear or trick Force 0 The victim s resistance is overcome by force No actual injury required Fear 0 Victim fears for their safety and therefore submits to the act Trick 0 Victim becomes incapable of denying Historical Rape Definition The historical rape definition starts with Male who has sexual intercourse with a female not his wife By force or threat Continues with vaictim was a voluntary social companion or had previously permitted sexual liberties the act is one degree less Date Rape o AKA Acquaintance rape 0 Sex between persons with a social relationship 0 Very hard to prove Rape Shield Laws 0 Evidence of the prior sexual history of the victim is not admissible in most states Sodomy o Unlawful sexual penetration of the anus of one person 0 By the penis of another 0 Use of force or fear Oral Copulation o The unlawful act of copulating the mouth of one person 0 With the sexual organs or anus of another 0 By use of force or fear Bestiality AKA Zoophilia o Engaging in sexual activity with animals 0 Criminal because Diseases Necrophilia o Engaging in sexual activity with a corpse o Mistreatment of corpse is a misdemeanor Exhibitionism 0 Repeated intentional act of exposing one s genitals to an unsuspecting stranger for the purpose ofachieving sexual excitement Voyeurism o Offender repeatedly observes unsuspecting people who are naked in the ac of disrobing or engaging in sexual activity 0 AKA quotPeeping Toms Transsexual 0 An individual who feels trapped in the body of the wrong sex 0 Not a crime Transvestism o Heterosexual male dressing female attire Sexual Predator Statutes 0 Most states provide for institutionalization treatment or registration of individual convicted of certain sex crimes Pedophilia o The act or fantasy of engaging in sexual activity with prepubertal generally less than 13 years of age children Chapter 8 Other Crimes Against Persons Kidnapping 0 Elements 0 Seizing ofa person 0 Confining eg Closet or restraining ropes the person 0 Unlawful carrying away asp orting to move 0 Use of force threat of force frauddeception 0 Knowledge that the movement of the Victim is unlawful False Imprisonment 0 Elements 0 Exactly the same as in kidnapping except for point 3 asporting Trafficking in Humans Stalking 0 Elements 0 Conducts causing a reasonable person to fear bodily injury to himself or a member of the immediate family 0 Knowledge that the Victim or family will be placed in fear of injury or death 0 Acts inducing fear of injury or death to Victim or their family High Tech Stalkers 0 Posting names and addresses on public sites Rape Fantasies 0 Using GPS and cameras to follow victims 0 Easy for high tech stalkers to remain anonymous Assault and Battery 0 Battery 0 Willful and unlawful 0 Use of force or Violence 0 Against the person of another 0 Assault Type One Attempted o Unlawful attempt 0 With apparent present ability 0 To commit an injury to another 0 Assault Type Two Threatened o A threat 0 With apparent present ability 0 To commit an injury to another Mayhem 0 Elements 0 Unlawful battery 0 Malicious in iction of or attempt to in ict Violent injury 0 AND 0 Results in depriving a person ofa member of his body disabling disfiguring rendering useless cuttingdisabling the tongue putting out an eye or slitting nose ear or lip Fundamentals of Criminal Law Sources of Criminal Law Chapter 1 Morals Vs Criminal Law 0 Morals Social and personal ideas of right and wrong Seek to establish perfect personal character Establish higher standards ofbehavior than those set by criminal laws 0 Criminal Law Seek to establish minimal levels of social conduct in behaviors Classification of Crimes o Mala in se 0 Acts considered both morally wrong and criminal wrong I Rape murder theft 0 Mala Prohibita 0 Crimes but not necessarily considered morally wrong I Speeding not coming to a complete stop fishing without license 0 Treason 0 Highest crime 0 Only crime specifically listed in the US Constitution 0 Misdemeanor 0 Crimes punished by incarceration in a local jail o Felonies 0 Crimes punishable by incarceration in prison 0 Felons go to prison not to a jail I One year or more Or death Substantive laws Vs Procedural laws 0 Substantive Laws 0 Define socially acceptable conduct 0 Define crimes and punishment 0 Procedural Laws 0 Laws that govern the investigation arrest and trial of the wrong doers 0 Protect constitutional rights ofwrong doers Crimes Vs Torts 0 Crimes 0 Wrong committed against the interest of all the people of the state 0 Falls under quotPublic Laws 0 Government has strong interests 0 Torts 0 Wrong committed against private interest 0 Standard ofproof Preponderance of evidence Common Law 0 Developed from customs ofpeople Not legal codes 0 For good or bad corresponds with society s actual feelings or demands 0 People are expected to know what s expected from them 0 Issues to consider Lack ofnotice hard to enforce guidance and interpretation Case Law Precedent Stare Decisis Case Law 0 Court opinions that interpret the meaning and application of statutory laws 0 Often deals with legislative intent meaning of he words within the statute Precedent 0 Court opinions that establish case law may act as precedent a guide other courts considering the same legal issue 0 May be mandatory or persuasive Stare Decisis o The common law practice of courts following precedents set by other courts and not unsettling things that have already been established Statutory Law 0 Written law codes enacted by the representative bodies of the government legislatures 0 Treatment of statutory law 0 Legislative branch enacts statutory law 0 Executive enforces it 0 Judicial interprets it 0 Factors in uencing criminal law 0 For Protecting the public maintaining order 0 Against Lack of interest constitutionally protected Model Penal Code 0 Different penal codes per state 0 It is an attempt to formulate and specify principles of criminal responsibility Criminal Law Reform 0 Laws are a function of o Describing prevailing values or norms in society 0 Looking at the historical context in which laws are created 0 Guiding Principles 0 Virtues of codification 0 Social and moral issues being raised by changing values Limitations of Criminal Liability Chapter 2 Bill of Rights 0 It is located in the constitution 0 It s the first 10 amendments and the 14th amendment Eighth Amendment 0 Protection against cruelunusual punishment Due Process 0 5th Amendment Federal Law 0 Commonly referred to as the right to remain silent o Protects individuals from actions by federal governments o Selfincrimination Double jeopardy 0 Double jeopardy being government harassment 0 14th amendment 0 Protects an individual from actions by state governments jurisdiction 0 Power to exercise authority over the subject matter or over a person 0 Subject matter jurisdiction refers to the nature of the claim or controversy 0 May be determined by the monetary value of the dispute 0 Personal jurisdiction 0 Found if the persons involved in the litigation are present in the state or are legal residents of the state substantial connection to the state State Vs Federal jurisdiction 0 Related Issue 0 Venue Geographical location where the trial should be held 0 Social harm 0 An act is not a crime unless there is harm to society Basic Requirements of a Criminal Act Chapter 3 Act Actus Reus o Voluntarily act and act of mission 0 Voluntary acts are physical acts and act of omission is the failure to act when there is a legal duty to act Intent Mens Rea 0 General Intent 0 Conviction possible even when there is no proof the defendant intended to bring about a particular result 0 Specific Intent 0 Proof the defendant intended to accomplish a specific result 0 Constructive Intent 0 No harm intended but actor should have that behavior created a high risk of harm to others 0 Criminal Negligence o Substantial or gross deviation from the normal standard of care 0 Transferred Intent 0 One intends to harm one person and instead harms another 0 Strict Liability 0 Mere proof that the act was committed is sufficient to convict Iointer of Intent and Act 0 Actus reus and mens rea must be joined in time 0 Plan to murder this week but don t Accidentally murdered next week Causation o Implicit element ofa crime s actus reus Presumptions 0 Upon proof of Fact A the court may or must presume Fact B Inchoate or Anticipatory Crimes and Criminal Liability Chapter 4 Inchoate Crimes 0 Criminal act that goes beyond mere thought buy occurs before the substantive criminal law is completed Also called preparatory crimes Attempt 0 Specific intent to commit a substantive crime PLUS an act in furtherance of that intent beyond mere preparation 0 There are two elements dealing with attempt 0 Specific intent to commit a crime 0 Actconduct to carry at said intent beyond mere preparation 0 Special problems in attempt o The defense oflegal impossibility I Act committed which defendant thinkis a crime but is not 0 Factual impossibility is not a defense Solicitation 0 Elements 0 Intent that another commits crime 0 Asking encouraging or requesting 0 It s a specific intent of crime 0 The crime is complete with the request The bad act does not have to be completed 0 Problems in solicitation 0 Complete even in effective request 0 Defense 0 Legal act requested 0 Withdrawal of request split courts Conspiracy 0 Elements 0 There should be an agreement between two or more persons 0 Specific intent o Unlawful objectivemanner 0 Over act committed in furtherance 0 Special Problems 0 There should be 2 or more people involved no coconspirators o Withdrawal before over act 0 Liability for coconspirator crimes 0 Duration Until the objective is completed Accomplice o Promotes or assists in offense 0 Solicits another to commit a crime 0 Aids agrees to aid or attempts to aid in planning or committing the crime 0 Duty to prevent and failure to do so 0 Special Problems 0 Withdrawal most states require to do so prior to the assistance Accessory 0 After a crime is committed aids conceals or warns a principal o Intents that a principal avoid arrest 0 Special problems 0 Failure to report a crime makes you an accomplice if there is a duty to report 0 Lack of purpose to impede law enforcement Charityreligion Defenses Chapter 5 Criminal Responsibility 0 Infancy General rule 0 7 Not held criminally responsible o 7 14 General presumption rebuttable 0 14 Mental capacity for mens rea juvenile jurisdiction 0 Insanity 0 At the time act was committed No Mens rea 0 At the time of trial Incompetency unable to assist in defense 0 Diminished Responsibility 0 Mens rea act completely impaired 0 May reduce charge or punishment 0 Intoxication Voluntary or involuntary o SyndromesDisorders o PMS Premenstrual disorder aka PMT Posttraumatic tension disorder 0 PSD Posttraumatic Stress Disorder I Follows exposure to an extreme traumatic stress of involving direct personal experience of an event that involves actual or threatened death or serious injury 0 Battered Women Disorder I Victim is conditioned to believe they could be harmed It converts them from victim to perpetrator justification and Excuse o Selfdefense 0 Use of deadly force only when there is an imminent combat with unlawful deadly force 0 Basically protection 0 Defense of others 0 Used to prevent unlawful attack upon another person 0 Defense ofproperty 0 Deadly force never permitted to protect property because life is more valuable than objects 0 King of the castle doctrine o Duress 0 Force to do something 0 Necessity 0 Some times crimes are committed by necessity 0 Use of force in making arrest
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