criminal law - exam 1

CJUS345

The Criminal Justice System (CJUS)

comprises institutions, policies, and practices with the goal of maintaining social control and deterring crime through sanctions (punishments) and rehabilitation.

Criminal Justice

refers to the system of law enforcement, courts and corrections/the system and study of how those laws are enforced, adjudicated, and managed

Criminal law

the rules and statutes defining crimes and punishments.

Criminology

refers to the study of the nature, extent & causes of criminal offending and criminal victimization

Purpose of Criminal Law

primary purpose is to help maintain social order and stability

Statutory Law

laws passed by a legislative body (today virtually all criminal law is statutory law)

All 50 states and the Federal government have their own separate sets of statutory criminal laws.

No state is bound by the criminal laws of another state or by the laws of the federal government, criminal law is a matter of state jurisdiction

Principle of Legality

Under this principle, no one can be punished for an act that was not defined as criminal before the person did the act

Rule of Law

requires that citizens be guaranteed fairness, justice & liberty. It is an ideal that guides governments and societies to ensure that no one is above the law and that everyone is treated fairly & impartially. (fundamental principle in the U.S. criminal justice system)

mala in se

refers to behavior that is sinful and inherently wrong by nature

mala prohibita

describes behavior that is prohibited by law. It is dynamic and changes over time

Probable Cause (PC)

standard established by criminal law to make an arrest, obtain a warrant, or conduct a search; a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true”; concrete evidence that a crime has taken place based on objective circumstances and facts

Reasonable Suspicion

considered an objective measure but is based on minimal or no evidence. lower standard probable cause; general observation that a crime may have taken place, based on subjective factors and totality of the circumstances

Standard Burden of Proof

"beyond a reasonable doubt"

Beyond a Reasonable Doubt

burden of proof is always on the Prosecution who must prove that Δ satisfied each element of the crime’s statutory definition & their participation was "beyond a reasonable doubt”; does not mean proof beyond all possible doubt, it is a heavier burden than required in civil cases & is much greater than 50%.

"Person of interest" (POI)

term used by LE when identifying someone involved in a criminal investigation who has not been arrested or formally accused of a crime. It has no legal meaning but refers to someone in whom the police are "interested in

Suspect

someone that the police feel they have enough information or evidence on to tie the person to the crime

5 goals of Criminal Law

1. retribution

2. restitution

3. incapacitation

4. deterrance

5. rehabilitation

retribution

Punishment is deserved or morally right. Seeks to punish the offender for criminal behavior

restitution

Compensation to victims as Punishment & Restoration Repayment as part of a punishment for injury, damage, harm or loss

incapacitation

Removing from society. Isolates offender from the public and takes away one’s ability to commit crime against public

deterrance

General & Specific. Punish an offender to deter otherwise from committing same the crime or crime(s). Set an example.

rehabilitation

Reforming. Seeks to reduce chances of future offenders through education, programs or treatments

which of 5 goals does prof. believe was critical in crime prevention

retribution and rehabilitation

when does the criminal justice response and process begin

begins when crimes come reported or discovered by law enforcement; Not necessarily when the crime was committed; criminal justice court process begins when the suspect is arrested upon PC and the filing of criminal charges through a Bill of "Information" or Grand Jury indictment.

Procedural Law

Rules/law governing court proceedings. determines how people are treated in the system. The Bill of Rights (the first 10 amendments to the U.S. Constitution) guides this law pertaining to issues such as arrests, warrants, search and seizure, and trials; asks: How does the process work? What are the defendant’s protections? In the criminal context the laws protect defendants’ rights to due process and a fair trial

Substantive Law

Rules/laws that are used to determine the rights of individuals and collective bodies. It designates what conduct is considered criminal; definition of the crime

Judicial Systems

1. State and Local Courts

2. Federal Courts

are adversarial; dual court system

federal courts

may decide cases that involve the US government, the Constitution, or federal laws

power of judicial review. This means they can review acts of Congress and actions of POTUS to ensure that they are permitted by the Constitution

3 levels; trial courts and appellate courts.

state courts

have jurisdiction over a wider variety of civil and criminal cases, including most cases that do not involve the Constitution or federal laws

3 levels; trial courts and appellate courts.

3 levels of courts

1. trial courts

2. appellate courts

3. supreme court

trial court

First level; hear evidence and decide cases (e.g., U.S. District Courts, state trial courts). Federal, State District Courts including City Courts and Municipal & district & city courts) are the “workhorse” courts of the American Criminal Justice system, and adjudicate the vast majority of criminal cases. Adjudicate means to render a formal judgment about a disputed matter

appellate court

Review trial court decisions for legal error

supreme court

Final authority Courts of Last Resort; SCOTUS is the highest federal court; state supreme courts are the highest in each state

key players in courtroom

1. prosecution

2. defense

3. judge and jury

prosecutors

legal representative of the government or state. In each County/Parish, the chief prosecutor in most is an elected official called the (County/Parish or Judicial District [JDC] District Attorney (DA). the job is to take the case from LE and pursue it until the case terminates by trial, verdict or dismissal. role is to present compelling evidence that establishes the guilt of the accused “beyond a reasonable doubt.” They have much discretion in deciding whether to prefer formal charges against an accused and what crime. They are also responsible for conducting any plea negotiations, deciding whether to dismiss charges, and all aspects of trying the case

defense

responsibility is to advocate for the accused, safeguarding their rights throughout the legal proceedings. can be privately hired or a public defender (depending on the financial ability of the Δ). must zealously represent their client (the criminal Δ) from the point of interrogation through the trial process and appeals if necessitated. also ensures the Δ’s constitutional rights are respected and work diligently to get an acquittal or a fair plea agreement, The Δ is presumed innocent until proven guilty by the Prosecution

judges

presiding judicial officer and central figure in the courtroom. responsible for ensuring that the trial proceeds in accordance with the law. allows each side the opportunity to present its version of the facts. and oversees the trial and decides any legal questions that arise. If a trial is a bench trial and not a jury trial, receives and considers the evidence presented by the parties, before making a ruling/decision or verdict. of “guilty” or “not guilty.” If a guilty verdict is reached, determines the appropriate sentence or punishment.

jury

a group of individuals selected as jurors are responsible for determining the verdict listens to the evidence instructions from the judge and arguments from both the prosecution and defense before deciding on guilt or innocence.

key takeaways

main types of police encounters

1. consensual or approaching a person (“contact” or “conversation”)

2. detention (sometimees called “stop and frisk/ask or field stop” and Terry Stop)

3. arrest (in custody)

consensual

At any time (some say with a reason requirement) a Law Enforcement Officer (LEO)has the authority to approach a person and ask questions. Refusing to answer an officer's questions is not necessarily a crime and generally a person cannot be arrested simply for failing to respond to questions. This means that unless an officer has "probable cause" to make an arrest or a "reasonable suspicion" to conduct a "stop and frisk," a person approached by a LEO may have the legal right to walk away, but that is not always the wisest thing to do. Although, as a general rule, a person does not have to respond to an officer's questions, this may not hold true if the officer suspects the person of loitering or in traffic violations stops or in States that have adopted Stop and Identify laws as discussed below.

detention

LEO may briefly detain a person if s/he has reasonable suspicion that the person has committed, is committing, or is about to commit a crime ("reasonable suspicion" that the person is engaged in criminal activity and is based on the totality of the circumstances).

arrest

involves brief questioning in the place where one is detained; requires that the LEO have probable cause (PC) that the person has committed a crime. In other words, if the officer wishes to hold you for a longer period of time or decides to take you to the police station, he is no longer just stopping you, but is what?

custodial interrogation and miranda warning

If a person is under arrest and police wish to question her, they are required to inform her of the 5th-Am. right to remain silent by giving a Miranda warning; Miranda warnings MUST be given before

Custody means that a reasonable person under the circumstances would not believe that they were free to terminate an interrogation and leave. Police custody is the deprivation of a person’s freedom to leave.

Terry Stop

Terry v. Ohio (1968)

if the officer feels that the suspect is in This information is for academic & educational purposes only. It’s not intended as legal advice nor answer to legal problem or issue. Laws & Cases are periodically repealed or interpreted. Page 8 of 18 possession of a weapon that is of danger to him or others, he may conduct a limited search for weapons (known as a “frisk” or “pat down of the suspect's outer clothing garments to search for weapons”) in areas within the suspect’s immediate control based on a reasonable and articulable suspicion that the person stopped was "armed and dangerous" and had been, is, or was about to engage in a criminal act.” The type of frisk authorized by this decision has become known as a Terry Stop. It has two parts: (1) the stop and (2) the frisk.

stop and identify law

requires that a person when stopped under the circumstances stated above, must identify themselves (under reasonable suspicion)

when making a lawful arrest/detention, a LEO may use what type of force

reasonable force

elements of a crime (3 + 2 key burdens)

1. actus reus

2. mens rea

3. concurrence

4. identity

5. accused must be at scene of crime

actus reus

"performing the act." Did accused perform the act forbidden by the statute? (Criminal/Guilty act.)

mens rea

"intent to do the act." Person’s state of mind when act was committed. Did the accused intend to do the act? (Criminal intent can be general or specific) Motive refers to the reason behind an illegal act (i.e., revenge), and it is not an essential feature of a crime but, ALL Criminal Activity is Motive plus (+) Opportunity.

concurrence

Requires the act and the mental state occur together in order for a crime to have taken place.

accused (defendant) must be at scene of crime

That personal knowledge is one reason witness testimony can be so persuasive to juries. As for identity, this is where forensic evidence such as DNA and fingerprints becomes critical.

primary role of law enforcement today

patrol

basic principles and rights

1. There are two main types of trials

2. The Presumption of Innocence

3. The Burden of Proof in a Criminal Trial

4. Right to a Speedy Trial

types of trials

1. bench = trial by judge

2. jury = legal proceeding in which a jury makes a decision or findings of fact

presumption of innocence

All people accused of a crime are legally presumed to be innocent until they are convicted, either by trial or as a result of plea. This presumption means not only that the P must convince the jury of the 's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't do this, the Δ may go free.

burden of proof in a criminal trial

Proving Guilt "Beyond a Reasonable Doubt": refers to the standard used to prove allegations in a court proceeding. To convict a criminal Δ, the prosecutor must prove to the judge or jury that the Δ is “guilty beyond a reasonable doubt”, but not all doubt.

right to a speedy trial

the accused shall enjoy the right to a speedy and public trial, by an “impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Motions

1. motion to dismiss

2. motion to suppress

3. motion (for discovery) to compel

4. motion in limine

5. motion to qualsh

motion to dismiss

an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime

motion to suppress

an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause (in violation of the 4th Amendment), it may be possible to suppress the evidence found as a result of that search.

motion (for discovery) to compel

a request for the Gov’t to provide the defense with evidence.

motion in limine

request that the Judge rule on whether or not a particular piece of evidence can be used at trial

motion to qualsh

is a formal request asking a judge to declare a specific legal document or court proceeding invalid, void, or canceled

stages of criminal trial

1. arraignment

2. jury selection

3. opening statements

4. trial and presentation of evidence

5. closing arguments

6. jury instructions (judge’s charges to jury)

7. jury deliberation and verdict

8. verdict

primary purpose of criminal trial

structured process through various stages where the facts of a case are presented to a jury or Judge, and they decide if the Δ is guilty or not guilty of the charge offered

arraignment

serve as the initial appearance, marking the start of the criminal trial proceedings. At this stage, the Δ is informed of the charges against them and they are asked to enter a plea (1 of 3 pleas) ‒ typically “guilty”, “not guilty” or “no contest

the court may address matters concerning bail or release. The Δ is also informed of their rights, including the opportunity to request a public defender. In the US criminal justice system, defendants typically enter one of 3 primary pleas during an arraignment: Not Guilty, Guilty, or Nolo Contendere (No Contest). In specific cases, defendants may also enter an Alford plea or a Conditional plea

it is not be considered an admission of guilt if…

the criminal the Δ does not have to take the stand to testify

jury selction

judge and both opposing attorneys will question a pool of potential jurors in a process called “voir dire”. The purpose is to determine a potential juror's fitness to serve by asking about personal ideological biases or life experiences pertaining to the case.

The judge can excuse potential jurors at this stage if their responses show they cannot be fair or impartial. Also, the defense and the prosecution may exclude a certain limited number of jurors through "peremptory challenges" and "for cause."

challenges in jury selection

1. challenges for cause - a request to remove a potential juror when there is reason to believe that s/he cannot serve as an impartial juror, such as exposure to pretrial publicity, connection with a party, experience as a victim, religious prohibition, or bias. (Limited number by statute)

2. peremptory challenges - a request to remove or exclude a potential juror without giving a reason, except subject to limitations based on gender, race, ethnicity, or other constitutional grounds. (Limited number by statute

3. hardship challenges - a request to remove a potential juror who would suffer undue hardship or inconvenience by serving on the jury, such as financial, medical, or personal issues.

4. standby challenges - a request to remove a potential juror who is not needed, but may be recalled if needed

5. alternate challenges - a request to remove a potential juror who is selected as an alternate, but not a regular juror.

jury deliberation

jurors will attempt to agree on whether the Δ is guilty or not guilty of the crimes charged. Deliberation is the first chance for the jury to discuss the case and apply facts to the evidence presented

If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the Δ. Once the jury reaches a verdict, the jury foreperson informs the judge. The verdict is read in open court. All states require a jury in a criminal case to be unanimous in finding a Δ "guilty" or "not guilty." If the jury fails to reach a unanimous verdict and finds itself at a standstill (a hung jury), the judge may declare a "mistrial" and dismiss the case, or the trial may start over from the jury selection stage

important notes on jury trials and deliberations

In Louisiana, as in most States, an accused is charged with a crime by what 2 means?

1. Grand Jury Indictment (GJ) - more serious charges

2. Bill of Information (BOI) - other crimes

Don’t confuse GJ with regular trial juries (called "petit juries" PJ). GJ, like PJ, are made up of randomly selected individuals, but GJ’s are larger, hear evidence, decide whether charges and its type should be brought against accused. PJs decide whether or not a Δ is guilty based upon evidence introduced. P’s often leave it to GJ to make the charging decisions.

4th amendment

guarantees every American citizen a right to freedom from unreasonable searches and seizures and that probable cause must first be established before obtaining a search warrant

5th amendment

right to remain silent by giving a Miranda warning

no person shall "be deprived of life, liberty, or property, without due process of law"

6th amendment

guarantees a Δ the right to a speedy trial by an impartial jury of one’s peers (unless waived)

8th amendment

protects against imposing excessive bail, excessive fines, or cruel and unusual punishments

14th amendment

addresses citizenship rights and equal protection under the law at all levels of government

granted citizenship to "all persons born or naturalized in the United States."

Who has the final authority to interpret the US Constitution?

SCOTUS

A judge or magistrate will issue a search warrant only if an affidavit establishes what?

probable cause

actus reus requirement can be satisfied by what 4 different ways?

1. voluntary act

2. omission (failure to act)

3. possession

4. state of affairs

4 critical constitutional rights

1. right to counsel (attorney)

2. right to peer jury

3. right to remain silent

4. right to face one’s accusers

sources of law and procedure

1. The U.S. Constitution [USC} & State’s Constitution

2. Laws/Statutes/Ordinances passed by legislative bodies

3. Judicial opinions/decisions. Also known as “Case Law” or precedent

4. Administrative Law

5. Proclamations/orders by executives of the federal, state of local governments

6. Custom in some states (like LA)

key terms

forensics

Meaning pertaining to the courts- or of and relating to the application of scientific methods, tests and techniques used in the detection and investigation of crime

ex post facto laws

a law that retrospectively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law./“from a thing done afterward.”

corpus delecti

proof that a crime was committed before attempting to show Δ’s guilt

M’Naughten Rule

a legal test defining the defence of insanity; insanity at the time of the act, don’t have show history of mental illness (LA)

plea agreement (plea bargain)

contract in which the defendant agrees to plead guilty to a certain charge in exchange for concessions from the prosecution.

90% of all criminal trials end in plea agreement

motive

refers to the reason behind an illegal act (i.e., revenge), and it is not an essential feature of a crime

writ of certiorari

orders a lower court to deliver its record in a case so that the higher court may review it

Model Penal Code (MPC)

a comprehensive recodification of the principles of criminal responsibility. which classifies crimes by "degree." (LA didn’t adopt)

Strict Liability criminal laws

exists when a defendant is liable for committing an action, regardless of their intent or mental state when committing the action.

Jury Mistrial

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.

preemption doctrine

federal law is the “Supreme Law of the Land.” i.e.; federal law overrides conflicting state laws

cjus system comprises of 4 primary components

1. legislatures

2. law enforcement

3. courts

4. corrections

2 main categories of crimes

1. felonies

2. misdemeanors

4 basic police functions

1. prevention

2. investigation

3. detection

4. court preparation

main categories of defenses

1. legal

2. factual