chapter 2

Lecture Overview

  • Introduction to Lecture Pace

    • Not every lecture will be fast-paced or involve two lectures.
    • Emphasis on student engagement and understanding.

  • Questions and Answers Section

    • Presumptions in Proving a Crime

    • Accused is presumed innocent until proven guilty.

    • Question Raised: Does this mean prosecutions have to presume guilt?

      • Clarification:
      • Prosecution must present evidence of guilt rather than presume guilt.
      • Public defenders focus on proving innocence; prosecutors work to prove criminality.
      • California law imposes strict limits on how prosecutors can discuss presumptions.
      • Example: Presumption of innocence is central; talking outside this can lead to a mistrial.

    • Role of the Defense

    • Defense is not obliged to present evidence

      • This highlights the burden of proof on the state.
      • Key Point: The prosecution must prove the case beyond a reasonable doubt.

  • Response to Discussion of Jury Behavior

    • Human element in trials: jurors are fallible, and their biases can affect verdicts.
    • Defense strategy may involve not having defendants testify to avoid ineffective counsel claims.
    • Importance of a structured approach to discussions about reasonable doubt for prosecutors.

  • Ethical Responsibilities of Prosecutors

    • Prosecutors must believe in the guilt of the accused to proceed with charges.
    • Ethical obligations exist, and prosecutors may resign rather than pursue weak cases.
    • Recent resignations reported among federal prosecutors unwilling to follow orders contradicting their ethical beliefs.

  • Resources and Challenges Faced by Prosecutors

    • Prosecutors have more resources than those facing charges (e.g., free investigators).
    • Cases can be dismissed by judges, which serves as a check on prosecutorial power.

  • Implications of Judicial Philosophy

    • The backgrounds of judges heavily influence their decisions, impacting criminal justice reform.
    • Discussion of changes in judicial philosophy over decades, particularly regarding civil rights cases.

  • Importance of Voting for Judges

    • Encouragement to research judicial candidates before elections.
    • Observations that individuals with certain prosecutorial titles win elections more easily, but deeper scrutiny is needed.

Chapter Summaries

Chapter Two: Essential Elements of Crimes

  • Types of Crimes
    • Capital Offenses: Punishable by death, although not recently enforced in California (absence of executions since 2005).
    • Historical context provided:
      • 1972: US Supreme Court suspended the death penalty in Furman v. Georgia.
      • 1976: The reinstatement in Gregg v. Georgia introduced stricter guidelines for the death penalty.
    • Definition of Felonies and Misdemeanors:
    • Felony: Punishable by imprisonment for over one year.
    • Misdemeanor: Punishable by imprisonment for one year or less.
    • Additional nuances:
      • Misdemeanors may not always involve incarceration; often resolved in county jail.
      • Wobblers: Crimes that can be classified as either felonies or misdemeanors based on prosecutorial discretion.
Examples of Charges and Practical Applications
  • Common examples include:
    • Robbery/Burglary as felonies.
    • Petty theft/simple battery as misdemeanors.
    • Prosecutors may negotiate plea deals to reduce felony charges to misdemeanors based on circumstances.
Mental States in Crime
  • Mens Rea: The necessary mental state; understanding moral culpability of acts. Common law crimes (Mala in se) versus regulatory crimes (Mala prohibita).
    • Mala in se: Inherently evil acts, e.g., murder, rape.
    • Mala prohibita: Wrong due to prohibition, e.g., driving without a valid license.
Specific Intention Crimes
  • Definition: Requires intent to commit the act and intent to achieve a further consequential end.
    • Example: Burglary under Penal Code 459 requires intent to commit theft upon entering premises.
  • Distinguishment among related crimes (e.g., robbery vs. larceny).
Receiving Stolen Property
  • Examples discussed highlight the necessity of proving knowledge in receiving stolen property:
    • Statutory requirements: Buyer must know the property is stolen.
    • Discussion on how this knowledge is established and proven in court.
Comparisons to Civil Law
  • Negligence vs. knowledge required in criminal law examples; shared principles but carried differently in contexts (e.g., duty of care vs. proving intent).
  • Civil actions on the same facts as criminal cases (e.g., wrongful death claims after acquittal in criminal court - OJ Simpson case).
Conclusion
  • Law requires careful consideration of multiple factors, leading to varied and potentially unpredictable outcomes.
  • Notable emphasis on ethical approaches to prosecution, judicial responsibilities, and potential for systemic change within criminal justice.
Invitation for Further Questions
  • Encouragement for students to approach the lecturer with additional questions post-lecture or via email.