chapter 3 (intro to CJ)

Introduction to Criminal Law

  • Textbook Reference: 8th Edition, Inside Criminal Law

    • Authors: Larry K. Gaines, Roger Leroy Miller

Assignment and Test Information

  • Due Date: Friday, February 6

    • Assignment Topic: What is a Crime

    • Read questions carefully for full understanding.

    • One question requires answering from the perspective of 1914-1918.

    • Other questions address the time when pardons were issued (around 2006).

    • Strict prohibition against using Chat GPT; adherence is mandatory to avoid academic penalties.

  • Test One Scheduled: Wednesday, February 11

    • Covers all assigned material since the semester began, including the material assigned for that day.

Written Sources of American Criminal Law

  • Constitutional Law

    • The U.S. Constitution is the “supreme law of the land.”

    • Any federal or state law or government action that violates the Constitution is deemed “unconstitutional.”

    • Most states possess their own constitutions, which are supreme within state boundaries provided they do not violate the U.S. Constitution or federal law.

  • Statutory Law

    • Defined as laws enacted by federal, state, and local legislatures.

    • Statutory laws must not violate the U.S. Constitution or, in the case of state laws, the relevant state constitution.

  • Case Law

    • Refers to judge-made law, including interpretations of the Constitution and statutes.

  • Precedent

    • A court decision that provides authority for deciding subsequent cases with similar facts.

  • Administrative Law

    • Comprises rules, orders, and decisions from federal or state government administrative agencies.

    • Federal administrative agencies are established by enabling legislation from Congress.

    • Agency functions encompass rule-making, investigations, enforcement, and adjudication.

The Purposes of Criminal Law

  • Legal Function of the Law

    • Protects and punishes individuals and society from criminal harm by maintaining social order.

    • New criminal laws are often enacted to address specific problems, e.g., laws against “bath salts” or synthetic marijuana.

  • Social Function of the Law

    • Expresses public morality and teaches social boundaries.

Civil vs. Criminal Law

  • Civil Law

    • Encompasses all types of law other than criminal law, focusing on relationships/disputes between private individuals or entities (e.g., corporations).

    • The government serves as a forum for dispute resolution but is generally not a direct party in the case.

    • A tort represents a private wrong that allows the wronged party to sue.

    • Plaintiff: The injured party responsible for bringing the suit and covering their own legal fees.

    • Defendant: The party being sued who (also) pays their legal fees.

    • Remedies typically include monetary damages aimed at “making the person whole.”

    • Burden of Proof: Requires that the plaintiff show a preponderance of the evidence, defined as being 51% likely that the plaintiff is correct.

  • Criminal Law

    • Considered a wrong against society, where the government prosecutes the defendant.

    • Punishments can include:

    • Fines (monetary penalties).

    • Incarceration:

      • Jail: Up to 12 months.

      • Prison: More than one year.

    • Death penalty.

    • The government bears the burden of proof, which is beyond a reasonable doubt, and is responsible for providing an attorney if the defendant cannot afford one.

Classification of Crimes

  • Felonies

    • Crimes punishable by up to death or imprisonment for one year or longer.

    • Example: Possession of small amounts of cocaine classified as a Class B felony can result in a sentence of 3.5 to 7 years, though a clean record may mitigate incarceration.

  • Misdemeanors

    • Any crime not classified as a felony, punishable by fines or confinement of up to one year in a county jail.

  • Infractions

    • Generally not considered criminal offenses, punishable by fines (e.g., traffic violations). Possession of ½ oz or less of marijuana in NH is classified as an infraction.

Mala In Se and Mala Prohibita

  • Mala in se

    • Defined as “bad in and of itself,” this encompasses acts that are inherently wrong, regardless of legal status.

  • Mala prohibita

    • Defined as “bad because it is prohibited,” these are acts made illegal by statute and not necessarily wrong in themselves.

Elements of a Crime

  • Actus Reus: “Act of a Criminal”

    • Punishment cannot be based solely on evil thoughts; the act must be willful or intentional, excluding involuntary actions (e.g., muscle spasms).

  • Failure to Act

    • Society does not generally penalize failure to act, with three exceptions:

    1. Special duty exists (e.g., parent/child, lifeguard/swimmer).

    2. Statutory mandate for action (e.g., required to file tax returns, sex offender registration).

    3. Contractual obligations exist between actor and victim (e.g., surgeon/patient).

    • Example: In NH, RSA 639:3 deems a person guilty of endangering the welfare of a child or incompetent if they knowingly fail in their duty of care.

Mens Rea - Mental State

  • Defined as a guilty mental state or wrongful mental state.

  • Categories of Mens Rea include:

    • Purposefully: Intentionally causing harm.

    • Knowingly: Awareness of the act causing harm.

    • Recklessness: Acknowledging a substantial risk yet proceeding with the act.

    • Negligence: Failing to recognize a substantial risk that a reasonable person would see.

  • Degrees of Crimes based on Mens Rea:

    • First degree murder: Purposely causing another's death (premeditated).

    • Second degree murder: Knowingly causing death, e.g., spurred by provocation (e.g., bar fight).

    • Manslaughter: Recklessly causing death while aware of unjustified risks.

    • Negligent homicide: Negligently causing death by failing to recognize substantial risks.

Strict Liability Offenses

  • Definition: Offenses where mens rea is not required; the prosecution does not need to prove that the defendant knew about their actions.

    • Examples include:

    • Corporate environmental violations (e.g., accidental dumping of chemicals).

    • Statutory rape cases do not necessitate proof of mens rea; the defendant can mistake age.

    • Killing a bald eagle is classified as a strict liability offense under Federal law.

Accomplice Liability

  • A person can be charged with a crime committed by another if they acted as an accomplice, enabling or assisting the offender.

    • Example: A getaway driver (lookout) may be charged with burglary if the principal commits the offense.

  • Felony Murder Rule: An individual can be charged with murder if any death occurs during the commission of inherently dangerous felonies.

    • Example: Joe, acting as a lookout, becomes liable if a death occurs during the felony, even if unintentional.

Defenses Under Criminal Law

  • Excuse Defenses: Claiming the defendant lacked the mental capacity (mens rea) to commit the crime.

    • Infancy: Youth may negate mens rea.

    • Insanity: Concerning mental incapacity at the time of offense.

    • Intoxication: Generally not a defense unless involuntary ingestion of substances occurs.

      • Example: Voluntarily intoxicated may reduce first-degree murder to second-degree.

  • Affirmative Defenses: The defendant admits to committing the act but asserts justification for their actions.

    • Duress: Threat of immediate harm forces defendant to commit the act. (Note: must not have created the situation leading to danger.)

    • Self-Defense: Right to protect oneself or property, with proportionality in the use of force. Duty to retreat varies by state.

  • More Affirmative Defenses:

    • Necessity: Circumstances mandating the crime.

    • Entrapment: Claiming police induced the act; defendant must prove crime wouldn’t have occurred without police actions.

Criminal Law Classification

  • Substantive Criminal Law: Defines crimes and sets punishment ranges.

  • Procedural Criminal Law: Limits state investigative and punitive actions, guided primarily by the Bill of Rights.

Important Amendments for Criminal Proceedings

  • 4th Amendment: Requires warrants for searches/arrests and prohibits unreasonable searches.

  • 5th Amendment: Ensures due process for deprivation of life, liberty, or property.

  • 6th Amendment: Guarantees the right to a speedy public trial, confrontation of witnesses, and legal counsel.

  • 8th Amendment: Prohibits excessive bail, fines, and cruel/unusual punishment.

Due Process Clause

  • Included in both the 5th and 14th Amendments, it provides that no person shall be deprived of rights without fair legal proceedings.

  • Components of due process include:

    • Notice of actions against the individual.

    • The right to be heard in a timely manner.

Important Concepts to Understand

  • Distinction between civil and criminal law, including understanding standards of proof.

  • Circumstances when failing to act can result in criminal charges.

  • Criminal defenses applicable at trial.

  • Difference between substantive and procedural criminal law, with emphasis on the Bill of Rights.

  • Comprehension of due process and its protective elements.