Criminal Law Unit 1

why study criminal law?

• understand your rights and others’ rights

• understand justice system

• understand how the law functions

franklin’s question

how many guilty people would you set free in order to insure that an innocent person does not go to prison?

balancing protection of the innocent vs punishment of the guilty

prosecutorial misconduct

negligence, misconduct, or corruption by government actors at any stage of the criminal investigation and trial

forms of government misconduct in justice system

pressuring witnesses not to testify, getting false confessions, not properly investigating other leads

burden of proof

legal obligation of a party to prove their claims or charges in a dispute, decides which person must supply evidence and how strong that evidence must be to win the case

beyond a reasonable doubt

burden of proof in criminal cases, 95% sure, higher because of higher sentencing and capital punishment

criminology definition

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

functionalism

deviance is a necessary part of human society, laws and formal sanctions help to define acceptable behavior

Socio-Biology

biology, genetics, and evolution have been proposed as explanations for crime

scary past- eugenics and sterilization

cultural transmission theory

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

conflict theory

theory of crime rooted in power and inequality - who make laws and whose interest do they serve

dominant - people w/ more power make laws

subordinate groups- treated worse by justice system

labeling theory

once labeled a criminal, society takes away opportunities which ultimately may lead to criminal behavior (self fufilling party)

strain theory

crime is a result of a gap culturally approved goals (eg american dream) and the legitimate means available to achieve them

rational choice

people act in their own self interest and make decisions to commit crime after weighing potential costs (including prison) against benefits

1st amendment

freedom of speech, religion, press, 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

powers not delegated to the federal government belong to states - federalism

14th amendment

due process clause and equal protection clause

seperation of powers

a constitutional design that divides state government responsibilities into distinct, independent branches to prevent the concentration of power and protect individual liberty

federalism

a system of government where power is divided and shared between a central national government and individual regional governments

checks and balances

a system of government where each separate branch has the power to limit, block, or oversee the actions of the other branches to prevent any single group from gaining too much power

mitigating circumstances

a fact or situation that lessens the blame or severity of an action, though it does not completely excuse the wrongful act

ex. perpetrator is a minor

aggravating circumstances

specific factors surrounding a crime that increase its severity, making the offender's conduct more culpable and justifying a harsher legal penalty

criminal law

a system of law concerned with the punishment by the government of those who commit a crime, almost always have guilty state of mind

civil law

a system of law designed to resolve disputes between individuals, groups, or businesses

criminal vs civil

criminal:

• 4th, 5th, 6th amendments apply

civil:

• unreasonable search, double jeopardy, speedy trial, and right to counsel dont apply

• self incrimination and right to jury applies

petty misdemeanor

minor, non-criminal infraction that carries no risk of jail time and is punishable only by a fine

ex speeding ticket

misdemeanor

punishment up to 90 days in jail and fine usually $1000 or less

ex. low level assault or 1st DWI

gross misdemeanor

penalties reaching one year of incarceration and fines usually up to $3000

ex domestic assault

felony

greater than a year in prison

ex manslaughter, strangulation, murder

actus reus

is a Latin term meaning "guilty act" that refers to the physical or external component of a crime as defined by law

mens rea

is a Latin legal phrase meaning “guilty mind” that refers to the criminal intent or culpable state of mind required to convict a defendant of a crime

mens rea levels

careless, reckless, knowingly, maliciously

strict liability offenses

crimes that do not require guilty state of mind

ex. speeding ticket, statutory rape

merger doctrine

if a single act satisfies the rules for two different crimes, the lesser crime merges into the greater crime

principal

person who commits crime

accomplice

helps principal commit the crime and it present at the crime

accessory before the fact

person who orders a crime or helps the principal commit the crime but is not present during crime (may be convicted same as principal)

accessory after the fact

a person, who knowing a crime has been committed, helps a principal, accomplice or accessory avoid capture (harboring fugitive or obstruction of justice) do not know about crime ahead of time

solicitation

asking or encouraging another person to commit a crime

ex prostitution or hiring a hit man

attempt

the accused must have both intended to commit a crime and taken some substantial step

conspiracy

an agreement between two or more persons to commit a crime and some overt action after agreement

bystander effect

a social psychological phenomenon where individuals are less likely to offer help to a victim in an emergency when other people are present

diffusion of responsibility

more people around- think someone else will help

bystander liability rule and 3 legal exceptions

1. duty to act (special relationships)

2. creation of danger

3. assumption of duty - starting to help

good samaritan laws

grants citizens immunity (the citizen will not be criminally or civilly charged) if you assist another citizen in an emergency

hate crime

a criminal offense against a person or property motivated in whole or part by an offender’s bias against race, religion, disability, sexual orientation, ethnicity, or gender

bias element

prosecutors must prove bias against the protected group

ex. slurs spoken - if proven becomes an aggravating circumstance

dual sovereignty

an individual can theoretically be prosecuted under state and federal law (exception to double jeopardy)

racial profiling

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

stop and frisk/broken windows policing

focus on minor crimes so bigger crime rates fall, targets racial minorities