Criminal Law Final

Probable Cause

the standard of proof to arrest and charge a person

Beyond a Reasonable Doubt

the standard of proof of all elements in a criminal trial

five elements of criminal liability

1. Actus Reus (The willful, voluntary act or omission)

2. Mens Rea (The statutorily required mental state for the crime)

3. Unity or Concurrence of Mens Rea and Actus Reus at time of crime (The act and mental state occur simultaneously when crime occurring)

4. Causation (But for the act, harm would not have occurred)

5. Societal Harm (Some determined injury occurs)

primary cause of domestic violence

to maintain power and control

main purpose of the NJ domestic violence law

to provide maximum protection from abuse

how many times will a victim of domestic violence leave their abuser?

average of 7 times

battery

actually and intentionally causing the touching of another against their will

assault

attempted battery or intentional frightening of another

robbery

theft or taking of property by use of force or fear when the property is taken from the person or their immediate control

the degree of penetration in a forcible rape…

is not relevant - the simple attempt or use of force reaches level

general deterrence

Punishment of the defendant will cause others in community to refrain from acting criminally

Individual deterrence

Punishment will cause that particular person not to reoffend

Criminal Homicide elements

1. An act or omission

2. That cause death

3. Of another human being

4. With criminal mens rea

5. Without justification or excuse

murder

Intentional Killing with Malice aforethought (Intention to kill or acting with depraved heart)

voluntary manslaughter

Intentional killing without malice aforethought (would be Murder but some mitigating)

Factor. Ex Heat of Moment, Diminished Capacity

involuntary manslaughter

Unintentional killing while acting in negligent manner (Should have known risk yet ignored)

arson

malicious, willful burning of one’s own or another’s property

arson elements

starting a fire or explosion

with purpose to destroy a building or structure

of another or

destroying own or others property with intent to collect insurance for loss

burglary

breaking and entering places susceptible to burglary (Buildings/cars/boats/sheds etc)

key: intent to commit the crime inside before entering

inner door burglary

had permission to be inside, but enters a door where permission is not granted

dwelling

sleep test: is location normally a place used to sleep?

burglar tools

usually innocent items but can be used to gain entry

ex. hanger, crowbar, empty bags, screwdriver

need to possess and have intent to burglarize

vehicular burglary

same elements as burglary, except a vehicle

joyride

taking a means of conveyance

without the consent of owner

without intent to permanently deprive owner

theft

the unlawful taking of the property of another

theft elements

taking and carrying away

of the property of another

without consent

with purpose to steal or permanently deprive owner of possession

grand v. petty theft

grand: the amount stolen is above a statutory set amount/type

petty: the amount stolen is below a statutory set amount/type

theft from person v. robbery

from person: no force

robbery: adds force

shoplifting

willful taking possession of merchandise of another

without consent of owner

with intent of not paying for the goods

lost/abandoned property

owner of the property voluntarily gives up permanent possession/ownership

finder has obligation to return if:

1. owner of property can be identified

2. item can be easily returned

3. item has substantial value

embezzlement

misappropriation (wrongful misuse or taking another’s property that has been entrusted to the embezzler) of property of another

receiving stolen property

Defendant bought, received, or came into possession of property that was stolen and at the time of the possession the defendant knew the property was stolen

extortion v. blackmail v. bribery

extortion: public official under color of their office gains property by threat of physical harm to person or property

blackmail: private citizens threaten to use private, personal shameful information against another to obtain an item or benefit

bribery: payment by a person to a public official to gain advantage they otherwise are not entitled to have

crimes against public order

most are strict liability offenses meaning the mens rea is irrelevant

unlawful assembly v. rioting v. disorderly conduct

unlawful assembly: gathering of 3+ people with intent to achieve a lawful or unlawful purpose in a tumultuous manner

rioting: an unlawful assembly that fulfills participants common purpose of violently breaching peace or terrorizing the public

disorderly conduct: with purpose to cause public inconvenience, engages in fighting or violent/tumultuous behavior, uses offensively coarse language, creates a hazardous or physically offensive conditions serving no legitimate purpose

what is the normal remedy of a nuisance crime?

abatement (stop or remove nuisance)

speeding v. reckless driving

speeding: strict liability, notice given with posted signs

reckless driving: voluntary disregard for safety of others, reckless disregard of the consequences

weapons offenses

disregard for regulations on possession, use, or ownership of weapons

DUI

operated vehicle while under an influence that impairs normal faculties

public morality offenses

obscenity laws test:

1. An average person, applying contemporary community standards would find the work, when taken as a whole, appeals to prurient interests (Sexual Urges)

2. Work depicts/describes, in patently offensive way, sexual conduct as defined by law

3. Work lacks serious literary, artistic, political, or scientific value when taken as a whole

lewdness

Intentionally, indecently and offensively exposing of sex organs

In presence of another

Trying to protect public exposure on streets, beach, buildings

Can be crime even if on private land but can be viewed in public places

prostitution

sex for something of value

Controlled Dangerous Substances

Any substance that has a psychoactive (alter mood, anxiety, behavior, or tension) or bioactive (affects body) that is strictly regulated or made illegal because of potential for abuse or addiction

The Uniform Controlled Substance Act

creates uniformity among the States in regard to classification of CDS

Schedule I of The Uniform Controlled Substance Act

Most tightly controlled, Substances with highest risks and greatest penalties

a. High potential for abuse

b. No currently accepted medical use

c. Lacks safety even when under medical supervision

ex. Heroin, LSD, Quaaludes, Marijuana, Hallucinogens

Schedule II of The Uniform Controlled Substance Act

a. High potential for abuse

b. Some medically accepted usages

ex. Opium, morphine, codeine, PCP, cocaine

Possession of a CDS

the “actual” and/or “constructive” possession of a CDS

Actual Possession

item recovered on person, clothing, or bags carrying

Constructive Possession

item in place immediately accessible to Defendant or is able to exercise “dominion and control” over item

Possession with intent to distribute a CDS

possession of a CDS

having an intent to distribute

Paraphernalia

possession and equipment of a product or material designed for the use of CDS

Alcohol related offenses

dram shop laws: laws that hold servers of alcohol responsible for injuries caused by intoxicated or underage patrons

if a visibly drunk person is served and crashes, the tavern/ bartender can be held responsible, as well as parent/adult that allows minors access to alcohol

Bribery

giving or receiving something of value as unlawful payment for an official act

key: quid pro quo (something for something)

False Reports

illegal to make a false report to police about a crime, knowing it is false

Perjury

false statements, under oath, in a legal proceeding

Resisting arrest

preventing or attempting to prevent an arrest by a law enforcement officer

Witness tampering

knowingly intimidate, force, or threaten with intent to delay, influence, or prevent

Escape

person who is lawfully detained or imprisoned leaves custody before entitled to

Contempt

any affirmative act or omission that obstructs justice or negates the dignity of authority of the court

organized crime v. street gangs

organized: individuals who associate together for the purpose of engaging in criminal activity for sustained periods of times

street: group of 3+, primary activity is commission or crimes, identifiable name or symbol, and members individually/collectively engage in a pattern of crime - neighborhood/location based

structure of organized crime

boss: head of the group chosen by family or group

underboss: second in command groomed to become boss

captains/soldiers: in charge of day-to-day operations

crew: low level criminals, work streets, strong arm

RICO law

unlawful activity involving an enterprise

2+ qualifying acts of racketeering

pattern of such activity

effect on interstate commerce

commission of prohibited act (investing money from activity, conducting business of activity, or conspiracy)

Terrorism

deliberate use or threatening use of violence by a group seeking to achieve political, social, or religious objectives