criminal law, patrol

What are essential elements? Where do you find them?

Intent and Act. An officer needs to prove probable cause for each of these elements for an arrest. You find the essential elements for specififc charges in the iowa code.

Reasonable doubt relates to what standard?

why is it necessary to prove act and intent

because the act is not guilty when the mind is guilty

specific intent vs general intent

specific is subjective

general is objective

what is necessary to prove act and intent

Prove that they did the crime and they meant to do it

What is the importance of motive?

Motive is not needed to be conviced, but it may assist a prosecution

malum in se, and malum prohibitum

malum in se: (biblical) crimes in and of them selves. morally

malum prohibitum: crimes that are wrong because society says they are wrong (speeding, most regulations)

Where do you look in the Iowa code to find definitions?

The first chapter, section, or subsection will usually contain definitions

felony vs misdemeanors

felony: crimes against society

misdemeanors: less serious offenses against society

penalties for felonies

Class A: life

Class B: no more than 25 years

Class C: no more than 10 years, > $1,370 but ≤ $13,660

Class D: Not more than 5 years and fine > $1,025 but ≤ $10,245 5.

Some particular crimes have separate punishments (i.e.: Murder, 2nd degree – Not more than 50 years)

penalties for misdemeanors

1. Aggravated misdemeanors – Not more than 2 years and or fine of > $855 but ≤ $8,540. If sentence is for more than one year, the sentence will be for an indeterminate term

2. Serious misdemeanors – a fine of > $430 but ≤ $2,560 and/or not more than 1 year in jail

3. Simple misdemeanors – Not more than 30 days and/or a fine of > $105 but ≤ $855

where could a person serve penalties for a misdemeanor and a felony?

Prison, where you do your time depends on length of sentence

forcible felony

serious, violent crime

felonious: child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson 1st, or burg 1st

No Probation or Deferred Judgments

Mandatory Prison Time

burglary vs robbery

burg: stealing from an astablishment

robbery: stealing from a person

culpability

1. crime without help from other people

2. aiding and abetting: assist and/or encourage crime

3. joint criminal conduct: 2 or more people committing a crime; each is responsible for the reasonable for the foreseeable things the other people might do

accessory after the fact, and who could be charged with it?

harbors aids or conceals the person who committed the offense, with intent to prevent the apprehension of the person

child vs minor

child: under 14

minor: under 18

violation of individual rights ( hate crime ) and its charges

crime against a person based on what they believe in or who they are. (sex, race, religion, etc.)

assault (FF)

arson (FF)

criminal mischief

trespass

statute of limitation

time limit which the state can file charges

no contact order vs protective order

when are arrests mandatory

no contact: criminal

Protective: civil

mandatory arrest for both

assault definitions and penalties

cause pain or injury, place fear in another of immediate physical contact, intentionally point a firearm at someone or any other dangerous weapon, point a laser at someone or aircraft.

Intent to inflict serious injury: agg mis

causing serious injury: serious mis

dangerous weapon: agg mis

against pregnant woman: D felony

elements of domestic abuse assault

family or household members who currently live together (generally blood or marriage)

must be adults

(1) sexual relations between parties while sharing same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether parties hold themselves out as husband and wife, (5) continuity of relationship, and (6) length of relationship

are arrests mandatory for domestic abuse assaults?

yes

older individual assault

60+

higher penalties

Assault while participating in a felony.

Example: Defendant punches security guard while committing burglary

1. A class “C” felony if the person thereby causes serious injury to any person. (FF)

2. A class “D” felony if no serious injury results.(FF)

Willful injury

intended to cause serious injury to another

Close to attempted murder.

how does willful injury differ from assault?

willful injury requires intent

C felony: serious injury

D felony: bodily injury

habitual offender

if charged with b or c felony than sentence is raised to 20 years and 7 year minimum

harasssment

intimidate, annoy, or alarm

going armed with intent

Example: Defendant tells victim he is coming to their house to shoot them – You catch defendant before he gets to the house and find he has a gun or he takes a shot at victim once he gets to house and misses. (usually one of many charges)

stalking

purposefully engage in repeated conduct directed at a specific person that would cause a reasonable person to feel frightened, intimidated, threatened, or fear bodily injury or death

theft degrees

• 1st degree: Over $10,000 → Class C felony; certain thefts from a person also qualify.

• 2nd degree: $1,500–$10,000 → Class D felony.

• 3rd degree: Over $750–$1,500 → Aggravated misdemeanor; repeat theft can also qualify.

• 4th degree: Over $300–$750 → Serious misdemeanor.

  • 5th degree: $300 or less → Simple misdemeanor.

theft vs burglary vs robbery

Theft is taking property,

burglary is unlawfully entering a structure to commit a crime, and

robbery is taking property through force or threat of force.

value

highest value by any reasonable standard at the time that it is stolen

what is operating a vehicle without an owner’s consent?

this is what you charge someone if you cant prove they intended to permanently keep it

criminal mischief

any damage to property

trespass vs burglary

trespass is entering a property without permission

burglary is the same thing but with intent to commit a felony, assault, or theft as well

Riot, Unlawful Assembly and Failure to Disperse

Riot is a violent gathering of 3+ people,

unlawful assembly is 3+ people gathered to commit a public offense, and

failure to disperse is refusing a lawful order to leave.

child endangerment panalties

• Death: Class B felony — up to 50 years

• Serious injury: Class C felony

• Bodily injury or meth-lab exposure: Class D felony

• Otherwise: Aggravated misdemeanor

  • 3+ qualifying acts within 12 months with serious/skeletal injury: Class B felony — up to 50 years