PSU CRIM 113 EXAM 3

Property Law

The things people can own and the ways in which they can own them

Things

Include both tangible and intangible

Property Bundle of Rights

Liberty to use, right to exclude, power to transfer, immunity from damage

Benefits of Private Property Law

-Encourages highest and best use of property
-Provide individual with a degree of independence
-Protects investment in property
-Rewards hard work and innovation
-Promotes orderly allocation of resources

Detriments to Private Property Law

-Collective ownership might be more equitable and efficient
-Consolidation of wealth leads to undue political influence
-Social injustice

Types of Property

Personal, real, and intellectual (patent, copyright, or trademark)

1619

Beginning of African slavery in America (but possibly earlier)

1641 Massachusetts

First state to legalize slavery by statute

1788

Ratification of the constitution, protection of slave trade and rights of owners to recover runaway slaves

1857 - Scott v. Sandford (Dred Scott)

Supreme court ruled that Americans of African descent (free or slaves) are not American citizens and therefore cannot sue in federal court. The court also ruled that Congress lacked power to ban slavery in U.S. territories

1865

13th Amendment ratified

Ways to Acquire Property

Discovery, conquest, adverse possession, gift, purchase (titles, liens), inheritance, or trust

Intestate Succession

In the event that someone dies before writing a will, estate goes to (deliberated by court administrator):
1. Spouse and no issue (children or grandchildren) - entire
2. Spouse and issue - shares (spouse typically receives 1/3 or 1/2)
3. No spouse or issue - other family (parents, siblings children of siblings)
4. If no survivors - property may go to state (escheat)

Wills

Deliberated by executor - can divide property according to wishes (with possible restriction on marital property). Also can assign guardians for minor children. Statutory requirements are witnesses, competency, "last will and testament"

Trusts

Trustee - fiduciary duty to beneficiary. The beneficiary is entitled to receive any benefits from the property.

Criminal Takings

-Theft by taking (asportation, permanently deprive)
-Theft by deception (fraud)
-Theft by extortion
-Theft of services
-Theft of lost property
-Embezzlement
-Robbery

Property Crimes

-Vandalism/criminal mischief
-Arson
-Burglary
-Animal abuse
-Cyber-crime
-Receiving/selling stolen property

7 Principles of Criminal Law

1. Principle of legality
2. Actus Reus
3. Mens Rea
4. Concurrence
5. Harm
6. Causation
7. Punishment

Principle of Legality

Ex Post Facto - no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime. Laws should not leave people to guess or leave too much discretion for enforcers

MPC Voluntary Act

- A person is not guilty of an offense unless his
liability is based on conduct which includes a voluntary
act or the omission to perform an act of which he is
physically capable.
-The following are NOT voluntary acts: a reflex or convulsion, a bodily movement during unconscious or sleep, conduct during hypnosis or resulting from hypnotic suggestion, a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

MPC Voluntary Omission

-Liability for the commission of an offense may not
be based on an omission unaccompanied by action
unless: he omission is expressly made sufficient by the law defining the offense, or a duty to perform the omitted act is otherwise imposed by law
-Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

MPC Purposely

A person acts (blank) with respect to a material element of an offense when:
-If the element involves the nature of his conduct or
a result thereof, it is his conscious object to engage in
conduct of that nature or to cause such a result
-If the element involves the attendant
circumstances, he is aware of the existence of such
circumstances or he believes or hopes that they exist.

MPC Knowingly

A person acts (blank) with respect to a material element of offense:
-If the element involves the nature of his
conduct or the attendant circumstances, he is
aware that his conduct is of that nature or that
such circumstances exist
-If the element involves a result of his conduct,
he is aware that it is practically certain that his
conduct will cause such a result.

MPC Recklessly

A person acts (blank) with respect to a material
element of an offense when he consciously disregards
a substantial and unjustifiable risk that the material
element exists or will result from his conduct. The risk
must be of such a nature and degree that, considering
the nature and purpose of the actor's conduct and the
circumstances known to him, its disregard involves a
gross deviation from the standard of conduct that a
law-abiding person would observe in the actor's
situation.

MPC Negligently

A person acts (blank) with respect to a material
element of an offense when he should be aware of a
substantial and unjustifiable risk that the material
element exists or will result from his conduct. The risk
must be of such a nature and degree that the actor's
failure to perceive it, considering the nature and
purpose of his conduct and the circumstances known
to him, involves a gross deviation from the standard of
care that a reasonable person would observe in the
actor's situation.

MPC Criminal Homicide

Section 210.1
1. A person is guilty of this if he purposely, knowingly, recklessly, and negligently causes the death of another human being.
2. This crime is murder, manslaughter, or negligent homicide

Murder

Criminal homicide is (blank) when:
1. Is committed purposely or knowingly
2. it is committed recklessly under circumstances
manifesting extreme indifference to the value of human
life. Such recklessness and indifference are presumed if
the actor is engaged or is an accomplice in the
commission of, or an attempt to commit, or flight after
committing or attempting to commit robbery, rape or
deviate sexual intercourse by force or threat of force,
arson, burglary, kidnapping or felonious escape.

Manslaughter

Criminal homicide is (blank) when:
1. It is committed recklessly
2. A homicide which would otherwise be murder is
committed under the influence of extreme
mental or emotional disturbance for which
there is reasonable explanation or excuse. The
reasonableness of such explanation or excuse
shall be determined from the viewpoint of a
person in the actor's situation under the
circumstances as he believes them to be.

Negligent Homicide

Criminal homicide committed negligently

MPC Rape

A male who has sexual intercourse with a female not
his wife is guilty of (blank) if:
(a) he compels her to submit by force or by threat
of imminent death, serious bodily injury, extreme
pain or kidnapping, to be inflicted on anyone; or
(b) he has substantially impaired her power to
appraise or control her conduct by administering
or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance;or
(c) the female is unconscious; or
(d) the female is less than 10 years old.

Pennsylvania Rape

A person commits a felony of the first degree when the
person engages in sexual intercourse with a complainant:
(1) By forcible compulsion.
(2) By threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution.
(3) Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
(4) Where the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
(5) Who suffers from a mental disability which renders the complainant incapable of consent.

MPC Special Provisions (Rape)

-Prompt Complaint: No prosecution may be maintained unless the alleged offense was brought to the attention of the authorities within 3 months of the offense, or where the alleged victim is less than 16 or otherwise incompetent, within 3 months of when a parent or guardian learns of the offense
-Testimony of Complainants: No person shall be convicted of this felony under the uncorroborated testimony of the alleged victim. Corroboration may be circumstantial.

Pennsylvania Special Provisions (Rape)

Resistance, prompt complaint, and testimony of complainants not required.
General Rule: Evidence of specific instances of the alleged victim's sexual conduct is not admissible in prosecution except evidence of the victim;s past sexual conduct with the defendant where consent of the victim is at issue.
Evidentiary Proceedings: A defendant who proposes to offer evidence of the alleged victim's past sexual conduct pursuant to subsection (a) shall file a written motion and offer of proof at the time of trial. If the court determines that the motion and offer of proof is sufficient, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the evidence.

Excuse

Something wrong with the accused (i.e. insanity, age)

Justification

Lesser of two evils (i.e. self defense)

M'Naughten Rule

At the time of the committing of the act, the party accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.

Irresistible Impulse Test

The defendant, although able to distinguish right from wrong at the time of the act, suffered from a mental disease or defect that made him or her incapable of controlling her or his actions.

Durham Rule

An accused is not criminally responsible if his unlawful act was the product of mental disease.

ALI Insanity Standard

At the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

Guilty but Mentally Ill

-John Hinckley - Ronald Reagan
-Abolition of insanity defense in a couple states
-Increased use of GBMI
-Bottom line: insanity defense rarely raised
and rarely successful

Self-Defense

Requires:
-Imminent threat
-Proportionate response
-Duty to escape (castle doctrine)
-Clean hands

Other Defenses

-Necessity
-Duress
-Entrapment (John DeLorean)
-Outrageous government misconduct

Criminal Procedure

"Due process"; rules that the government must follow from criminal investigation through prosecution through sentencing.

Sources of Criminal Procedure

Federal constitution (Bill of Rights), state constitutions, court opinions, federal and state rules of criminal procedure and evidence

Pennsylvania Criminal Justice Process

1. Police investigation
2. Arrest of defendant
3. Preliminary arraignment
4. Preliminary hearing (dismissed/not guilty or guilty)
5. Case bound over or waived to Court of Common Pleas
6.Arraignment
7a. Trial by judge/jury, found guilty or not guilty
7b. Guilty plea
8. Sentencing (if guilty)
9. Probation or incarceration

Bill of Rights: 1791-1868

States do not have to obey the Bill of Rights, just their own state constitution

Bill of Rights: 1868

Passage of 14th amendment (citizenship to all persons born or naturalized in the US)

Bill of Rights: 1868-1930s

Hands-off doctrine (lack of prisoner's rights and court interference with prison life)

Bill of Rights: 1930s-1940s

Shocks the conscience era (perceived as manifestly and grossly unjust)

Bill of Rights: 1950s-1960s

Earl Warren and due process revolution; partial incorporation

Bill of Rights: Today

Since the passage of Bill of Rights, federal government has been required to follow all clauses. States most follow most, but not necessarily all, clauses of the Bill of Rights

Search

Invasion of a person's reasonable expectation of privacy

Seizure

A reasonable person would believe that s/he is not free to leave

Warrant

Based on probable cause and specific

Exclusionary Rule

Remedy for violations of the 4th Amendment
-Fruit of the poisonous tree
-Good faith exception

Warrantless Searches

Permissible in certain cases:
-Consent search
-Plain view
-Exigent circumstances
-Stop-and-Frisk
Pretextual Stop - officer detains someone for a minor crime because he actually suspects involvement of a more significant crime

5th and 6th Amendments

-Protection against self-incrimination (5th)
-Right to confront witnesses (6th)
-Right to counsel (6th)
-Jury (6th)

Privileged Entries

-Seller of a house has reasonable time after sale to gather belongings (unless it was agreed that all items would be removed prior to the sale of the house)
-Police, firefighters, and health inspectors can enter under SOME circumstances to protect public safety
-Business owners cannot turn away customers based on race

Nuisances

Anything that interferes with the enjoyment of life or property - typically a judgement call in court

Real Property

Land and things permanently attached to it

Personal Property

Everything other than real property that can be owned, including copyrights, patents, stocks, and bonds

Patent

Exclusive right to use, license, or sell an invention

Copyright

Exclusive right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Trademarks

Designs and names, often officially registered, by which merchants or manufacturers designate and differentiate their products