Criminal Law Unit 1

Why do we study criminal law?

evaluate the morality of the government

What was Ben Frank’s question?

How many guilty people would you set free to insure that 1 innocent person does not go to jail?

Prosecutorial Misconduct

Negligence, misconduct, or corruption by government actors at any stage of a criminal trial or investigation

What are other forms of prosecutorial misconduct?

Pressuring witness not to testify, getting a false confession, not looking at other leads, and etc.

Why might government actors preform misconduct?

Tunnel vision, pressure to catch criminal, bias against person(s), covering up other misconduct

What is Criminology?

The study of crime, criminals, and how society responds to illegal acts

7 Theories of Crime and Deviance: Functionalism

Deviance is a necessary part of human society, laws and formal sanctions help define acceptable behavior help to define laws which lead to societal stability.

Ex: Laws about drugs an alcohol develop acceptable usage of substances in society.

7 Theories of Crime and Deviance: Socio-Biology

Biology, genetics, and evolution are proposed explanation for crimes.

Ex: A muscular/athletic person is more likely to commit crimes

7 Theories of Crime and Deviance: Cultural Transmission Theory

Criminal behavior will increase if one is socialized by a group that endorses deviant behavior.

Ex: Violent video games

7 Theories of Crime and Deviance: Conflict Theory

Dominant groups create laws to keep certain groups subordinate, and they are then treated worse in the criminal justice system - The rule of law is not equally applied.

Ex: Jim Crow

7 Theories of Crime and Deviance: Labeling Theory

Once you have been labeled a criminal, society takes away opportunities which ultimately may lead to more criminal behavior

Ex: Sex offender registration

7 Theories of Crime and Deviance: Strain Theory

Crime is a result of gap between culturally approved goals (wealth, items, etc), and if you can’t reach those you’re driven to crime.

Ex: Drug dealing neighborhoods or White Collar crime (big business fraud)

7 Theories of Crime and Deviance: Rational Choice

People act in their own self interest and make decisions to commit crime after weighing the potential costs against the benefits.

Ex: Stealing baby formula

Burden of Proof

Providing enough evidence so the jury or judge can consider a verdict

Beyond a reasonable Doubt

The jury in a criminal trial unanimously decides that the defendant is guilty of the crime without a doubt (99-95% sure).

Preponderance of Evidence

The jury or judge in a civil trial decides if it is more likely that the plaintiff’s complaint is true (51% sure).

Wrongful Conviction law

An individual can seek $50,000 - $100,000 in compensation per year of wrongful imprisonment.

1st Amendment

Freedom of speech, press, religion, assembly, and petition

4th Amendment

Unreasonable searches and seizures; generally requires warrant/probable cause

5th Amendment

Protection against double jeopardy; guarantees Due Process Clause.

6th Amendment

Speedy public trial, impartial jury, right to counsel, notice of charges, witness confrontation.

8th Amendment

Protection against excessive bail/fines and cruel/unusual punishment

10th Amendment

Reserved Powers: powers not explicitly given to the federal government are given to the states

14th Amendment

Due Process and Equal Protection Clause

Separation of Powers

3 Branches of government: legislative, executive, and judicial

Federalism

The system where power is divided between the federal and state

Checks and Balances

Limits and power given to each branch of government so none get to powerful

Ex: Judicial Review, veto, pardon, etc

Criminal Law Vs. Civil Law

Law concerned with punishment by the government who commit a crime with (mostly) a guilty state of mind vs. Law designed to resolve disputes between individual(s).

Severity of Crimes: Petty Misdemeanor

No jail time; fine $300 of less; not considered a crime

Ex: Speeding Ticket

Severity of Crimes: Misdemeanor

Punishment up to 90 days in jail and fine of $1000 or less

Ex: 1st DWI

Severity of Crimes: Gross Misdemeanor

Punishment up to 1 year in jail and maximum fine of $3000

Ex: Domestic assault

Severity of Crimes: Felony

Offenses punishable by more than 1 year in jail (dependent on the crime committed)

Ex: Manslaughter

Actus Reus

The bad act itself

Mens Rea

(Criminal Intent) - The State of Mind of the defendant (level of awareness of the act)

Criminal Intent - Lowest to Highest (1 to 4 scale)

1. Careless: an unconscious “accident” with no intent to cause harm.

2. Reckless: consciously disregarding a substantial and unjustifiable risk that the bad result will occur

3. Knowingly: acting with the awareness that the result is practically certain to occur

4. Maliciously: intentionally engaging in conduct to cause a certain result

Strict Liability Offenses

These types of crimes do NOT require a guilty state of mind. The actus reus is criminal. 2 main reasons:

1. Administrative ease/deter low level bad behavior that harms the public (Ex: littering)

2. Protecting Children (Ex: statutory rape).

Motive

The reason for committing a crime

Merger Doctrine

If a single act satisfies the rules for two different crimes, the lesser crime “merges” into the greater crime.

Preliminary Crimes: Solicitation

Asking or encouraging another another person to commit a crime.

Ex: Talking to a hit man

Preliminary Crimes: Attempt

The accused must have both intended to commit a crime and taken some “substantial step” beyond mere preparation.

Ex: attempted murder

Preliminary Crimes: Conspiracy

An agreement between 2 or more persons to commit a crime and some “overt action” after the agreement has been taken to further the agreement by one of the persons. DOES NOT MERGE

Parties of a Crime: Principal

The person who commits a crime

Parties to a Crime: Accomplice

Helps the principal commit the crime and is present at the crime (may be convicted of the same crime as the principal depends on ACTIONS).

Parties to a Crime: Accessory Before the Fact

Person who orders a crime or helps the principal commit the crime but who is NOT present during the crime (may be convicted of the same crime as the principal).

Parties to a Crime: Accessory After the Fact

A person, who knowing a crime has been committed, helps a principal, accomplice, or accessory before the fact avoid capture (obstruction of justice, harboring a fugitive, etc.). Accessory after the fact must NOT know about the crime ahead of time.

Bystander Liability Rule

Failure to assist a person is not a crime nor is it a crime to fail to report a crime except for:

1. Duty to Act (relationship or job requirement)

2. Creation of Danger

3. Assumption of Duty (starting to help)

The Bystander Effect

People are more likely to assist someone if another person initiates the help of the person in need looks respectable.

Diffusion of Responsibility

When there are more people, the likelihood to help decreases.

Good Samaritan Laws

Grant citizens immunity if you assist another citizen in an emergency situation.

Hate Crime

A criminal offense against a person or property motivated in whole or in part by an offender’s bias against a immutable characteristic.

Proving the Bias Element

Prosecutors must prove that the defendant committed the crime because of bias against the protected group. If proven it is a aggravating circumstance and increase penalty by 25%.

Dual Sovereignty (Double Jeopardy Exception)

An individual can theoretically be prosecuted under state and federal law for the same underlying incident without violating the rule against double jeopardy.

Racial Profiling

The use of an individual’s race or ethnicity by law enforcement personnel as a key factor in identifying people who may break or have broken the law.

“Stop and Frisk” Policy

A “Stop” is legal if there is reasonable suspicion of a crime. A “Frisk” is legal if there is a a reasonable suspicion of a weapon.

Broken Window Policing

Focussing on small crimes in order to limit big crimes.