Law and Justice Unit 2 Content Check

Social Crime

Social Crime

deviant behavior that violates prevailing societal norms, or cultural standards (violates how humans are thought to behave- what is normalized)

Legal Crime

violation of penal code (breaking statutory or common law)

Homicide

the killing of another person

1st degree homicide

murder with premeditation and intent combined with another felony (on law enforcement, children, multiple people, certain weapons like guns, etc.)

2nd degree homicide

not premeditated but due to an assault where it was a possibility

voluntary manslaughter

homicide in the heat of passion or without reasonable need to self defend

involuntary manslaughter

not premeditated, due to reckless action or negligence

Assault/Battery (Persons and property)

1. attempt to or physically striking another,  2) acting in a threatening manner to put another in fear of immediate harm

Aggravated Assault/Battery (persons and property)

1. tries to or does cause severe injury to another, or 2) use of a deadly weapon

Domestic Violence (persons and property)

physical harm inflicted on one member of a household or family

Stalking (Persons and property)

offender follows, harasses, or threatens another person, putting that person in fear for his or her safety

Harassment (persons and property)

intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them

Hate crimes (persons and property)

intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability

Kidnapping (persons and property)

taking of a person from one place to another against his or her will, or the confining of a person to a controlled space

theft/larceny (persons and property)

taking of almost anything of value without the consent of the owner

burglary (persons and property)

unauthorized breaking and entry with the intent to commit a crime once inside

robbery (persons and property)

theft of property through the use of violence or intimidation

shoplifting (persons and property)

theft of merchandise from a store or place of business

arson (persons and property)

person intentionally burns almost any kind of structure or building

vandalism (persons and property)

person destroys or defaces someone else's property without permission

Indecent Exposure (sex crimes)

the crime of intentionally showing one's sexual organs in public.

prostitution (sex crimes)

offering or engaging in sexual acts for payment

Rape (sex crimes)

non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress

sexual assault

Describes the catch-all crime that encompasses unwanted sexual touching of many kinds

solicitation (sex crimes)

It's illegal to entice someone else to commit a crime (such as prostitution).

Statutory rape (sex crimes)

People below the "age of consent" cannot legally consent to having sex, even if there was no force or the perpetrator believed the victim was old enough.

Bribery (financial crimes)

offer or acceptance of anything of value in exchange for influence

Fraud (financial crimes)

the intentional deception of a person or entity by another made for monetary or personal gain

Forgery (financial crimes)

making of a fake document, the changing of an existing document, or the making of a signature without authorization

embezzlement (financial crimes)

occurs when a person steals money or property they have been entrusted to manage.

identity theft (financial crimes)

misuse another person's identifying information

Drug Manufacturing and Cultivation

growing or manufacturing illegal drugs, such as marijuana and methamphetamine.

Drug Trafficking/Distribution

importation, transportation and sales of illegal drugs.

Drug Possession

possession of illegal drugs such as heroin and LSD, either for personal use or distribution

DUI / DWI (alcohol crimes)

Driving while intoxicated (DWI), driving under the influence (DUI)

MIP (alcohol crimes)

A Minor in Possession - Many states have minor in possession (MIP) laws concerning alcohol and drugs found in the possession of minors, regardless of whether they were using the substances.

Open Container Law (alcohol crimes)

prohibiting individuals from consuming alcohol in public places, such as sidewalks, and their intended purpose.

Public Intoxication (alcohol crimes)

How "drunk and disorderly" individuals can be charged with public intoxication when their public behavior is deemed disturbing or threatening to others.

Schedule 1 drugs

heroin, LSD, ecstasy, marijuana (MJ is schedule 6 in NC)

Schedule 2 drugs

cocaine, oxy, vicodin, meth

Schedule 3 drugs

ketamine, anabolic steroids

Schedule 4 drugs

xanax, valium

Schedule 5 drugs

codeine

Felony

generally a relatively serious offense punishable by death, a fine, or confinement in a state or federal prison for more than one year EX: murder, rape, burglary, and the sale of illegal drugs.

Misdemeanor

usually punishable by no more than a $1,000 fine and 1 year of incarceration, generally in a county or city jail EX: shoplifting, drunk driving, assault, and possession of an unregistered firearm.

7 elements of crimes

1. Harm: There must be an external consequence.

2. Legality: First, the harm must be legally forbidden behavior to be a crime. Second, a criminal law must not be retroactive. [ex post facto: cannot apply to people/events before the law was passed]

3. Actus Reus: Latin for “guilty act,” or physical acts that make up the elements of a crime.

4. Mens Rea: Latin for a "guilty mind" or criminal intent in committing the act.

5. Causation: The mens rea and actus reus legally caused harm.

6. Concurrence: The actus reus and mens rea must exist simultaneously.

7. Punishment: For a behavior to be considered a crime, there must be a statutory provision for punishment or at least threat of punishment

Castle doctrine

• you have the right to defend your home, vehicle, workplace (property) with deadly force

• lawful occupant of home, vehicle, or workplace is not required to retreat prior to using deadly force

• presumes a person who unlawfully and by force enters a home or attempts to enter one of these locations intends to commit an unlawful act involving force or violence

• a person is justified to use deadly force and does not have the duty to retreat in any place he or she has the lawful right to be if either of the following apply

he/she reasonably believes that such force is necessary to prevent imminent death

1. such force is necessary to to prevent great bodily harm to himself, herself, or another

When Deadly Force does not apply

• The person has stopped their threat or is fleeing

• person is a law enforcement officer of bail bondsman acting in official duty

• person is a lawful resident of the home, vehicle, or workplace and DOES NOT have a restraining order against the person asserting deadly force

• person in the home, workplace, or motor vehicle is a child or grandchild or otherwise in the lawful custody (under lawful guardianship) of the person against whom the defensive force is used

Concerns/advantages of Castle doctrine

• advantages are you don’t have to retreat with the castle doctrine in NC

• regulate force base on the aggressors original act (EX: can’t shoot someone who pushed you)

• prosecutor has to press charges so the burden shifts to the property owner (BURDEN OF PROOF)

• some believe that stand your ground laws especially encourage and enable more people to use guns and violence to solve minor problems (Treyvon Martin, parking lot dispute case)

Stand your Ground Law

• In any place, including public areas, you can defend yourself against an aggressor if they show the intent to harm or kill you. The Castle Doctrine does not allow public defense. Furthermore, in some states you have to retreat before you can use deadly force.

• Julian/Garcia case outside car

In Re Gault Case

• Gerald Gault, a 15 year old boy, was arrested for making an obscene phone call to his elderly neighbor. He was sentenced to 6 years in a training school for boys

• His parents were not informed of his arrest

• his sentence in real criminal court would only have been maybe 2 months in jail and a $50 fine

• Revealed the violation of 14th amendment rights for all juveniles going through the system

• 14 Amendment requirements: adequate notice of charges, notification of both the parents and the child of the juvenile’s right to counsel, opportunity for confrontation and cross examination at the hearings, and adequate safeguards against self-incrimination

• The above requirements were not met by the procedures used in Gault’s case

Juvenile Court v. Adult Court similarities

• children now get counsel after the Gault case

  • SCOTUS ruled that they are people to, so they are entitled to due process rights under the Constitution

• both are entitled to constitutional rights/protections

• children can be tried under adult sentences for severe crimes

• both sides now present witnesses in juvenile and adult court

Juvenile Court v. Adult Court differences

• no jury in juvenile courts

• trials are private in juvenile courts + records are sealed

• supposed to get reduced sentences

• juvenile focuses on rehabilitation while adult focuses on punishment