Recording-2025-02-20T15:47:03.430Z

Statutory Law

• Definition: Statutory law refers to laws passed by legislative bodies such as Congress. These laws are detailed and create comprehensive codes or codes of law, including penal codes.

• Origin of Term: The term 'statute' means a law that has been formally enacted.

Felonies and Misdemeanors

Felony

• Definition: A felony is a serious crime punishable by at least one year in jail or prison.

• Examples: Serious offenses such as murder, assault, or robbery.

Misdemeanor

• Definition: A crime that is less serious than a felony, with a punishment of less than one year in jail.

• Examples: Includes offenses such as petty theft or minor assaults, possibly resulting in substantial jail time, up to 364 days.

Criminal Intent (Mens Rea)

• Definition: Mens rea refers to the guilty mind or intention behind committing a crime.

• Key Concepts:

  • Premeditation: Involves thinking through the crime beforehand.

  • Recklessness: Involves consciously disregarding a substantial risk of harm.

  • Negligence: Failing to be aware of a substantial risk, resulting in harm.

Burglary

• Definition: Generally defined as entering a structure with the intent to commit a crime, typically theft.

• Intent: The distinction between breaking in with intent to commit a crime versus seeking shelter is crucial in establishing guilt (mens rea).

Distinction in Criminality

• Negligence vs. Recklessness:

  • Negligence: Lesser penalty, marked by failure to be aware of risks.

  • Recklessness: Greater penalty, marked by acknowledgment of risks but choosing to proceed.

Punishment Philosophies

Deterrence

• Specific Deterrence: Aimed at preventing the individual from committing the crime again.

• General Deterrence: Intended to discourage the public from committing similar offenses based on observing the punishment of an individual.

Incapacitation

• Definition: Removing criminals from society to prevent future crimes.

• Example: Imprisonment for a certain duration prevents further criminal activity.

• Execution: Ultimate form of incapacitation.

Restitution

• Definition: Requires a defendant to compensate victims for losses incurred due to a crime.

• Examples: Payment for stolen property, medical expenses, or pain and suffering.

Components of Crimes

Actus Reus

• Definition: The physical act of committing a crime.

• Voluntary vs. Involuntary Acts: A crime must involve voluntary actions; involuntary actions may not constitute a crime.

Mens Rea

• Levels of Intent:

  • Negligence: Should have known the risk but did not.

  • Recklessness: Aware of risks and acts anyway.

  • Intention: Directly aiming to commit the crime.

Concurrence

• Definition: Both the actus reus and mens rea must occur simultaneously for a crime to be established.

Causation

Actual Cause

• Definition: Refers to the actual cause of harm; often referred to as the 'but for' cause.

Proximate Cause

• Definition: Refers to the legal cause; establishes that the harm was a foreseeable result of the actions.

Attempted Crimes

• Attempt: An individual takes substantial steps toward committing a crime but fails to complete it.

• Elements: Requires intent and a substantial step toward completion.

• Example: Planning and preparing for a robbery but being apprehended before it occurs.

Defenses

Justifications

• Examine circumstances justifying the act, such as self-defense.

Excuses

• Focus on the mental state or beliefs at the time of the act, such as insanity.

Self-Defense

• Definition: The right to use reasonable force to protect oneself from imminent harm.

• Stand Your Ground: No duty to retreat in the face of immediate threat, particularly in one’s home (Castle Doctrine).

Fourteenth Amendment

• Impact: Grants citizenship to individuals born or naturalized in the U.S., ensuring civil rights protections.

• Due Process Clause: Protects individuals from deprivation of life, liberty, or property without due process of law.

Section 1983 Actions

• Definition: Procedures allowing individuals to sue state or local officials for violations of civil rights.

• Eligibility: Must demonstrate that the official was acting "under color of state law" when the violation occurred.

Landmark Case: Monroe v. Pate

• Summary: Addressed violations of civil rights by police and the liability of city officials.

• Outcome: Supreme Court determined that police officers could be held accountable for violating constitutional rights, even if the city could not be directly liable.