Actus reus: the act
Mens rea: guilty mind
- Intentional or deliberate.
- Reckless: should have known that harm was likely
- negligent: could have known that harm could happen
- Harm: psychological or emotional
- Concurrence: the fusion of the act and the mens rea
- Causation: the fusion of the act and the harm
- punishment

Burglary: crime against a property

Robbery: crime against a person

Capital murder: Highest degree of murder because you are eligible for the death penalty

Felony murder: killing someone in the commission of another felony

Aggravated murder: either an accompanying another felony OR there is an especially brutal compacity to the crime

Objective reasonableness: totality of the circumstances

Motive is not an element of the crime.

Punishment does not deter crime

Due process: 5th amendment

Every federal case has a grand jury

A grand jury is preceded over by a jury of peers, you don't have the right to an offense or the right of its existence. The grand jury will issue a true bill if they find probable cause. After you have an inditement. Then an arrest and an arraignment (bond is set here)

Arrest, initial appearance, then preliminary hearing preceded over by a judge

Probable cause: More likely than not that a fact exists

The 14th Amendment is one of three that are called reconstruction amendments. Were meant to recognize all legal persons.

Characteristics of deviance:

Defined by society
Depends on context of the behavior
Depends on the offender

Mapp v ohio

Any evidence that is collected unlawfully cannot be used in a criminal court

Inevitability of discovery: you would have found the evidence anyway

Edwards vs. arizizon: court developted the bright line rule. Once you invoke yhour right to this, all questioning must stop at this point

Public safety: new york vs quarles, they said that if there is an emergency situation where the risk to the public outways the crime, the evidence can be admitted

US vs. Lion: good faith exception. Any time an officer is working in bad faith, evidence is inadmissible.

Open fields: US vs. hester. Supreme court ruled that open fields does not give you no expectation of privacy.

Curtilage: A legal term. Means appended to the house

Once you abandon something, there is no expectation of privacy

Warrantless searches: Searches where the supreme court have carved out exceptions to the 4th ammendment. Exceptions to the warrant requirement

Field interrogation: terry stop aka stop & frisk. A police officer briefly detains you, they dont need probable cause. Terry stops are limited to outside of the clothing, cannot go inside clothing UNLESS they have probable cause because of the stop & frisk.
Incident to arrest: about to take them into custody, important ot make sure there is no weapon, so you are allowed to go inside the clothing
Plain view: Coolidge vs new hampshire: thee requirements; officer must be in a lawful position, the object must be unobstructed, the evidentiary value must be readily apparent.
Consent: has to be voluntary and has to be given by a competent person. In minnesota vs dickerson, they looked at overnight guests and whether they possessed sufficient possessory interest. Overnight guests are different than guests that come over to just visit. When sharing a property, you can only give consent to those areas where they have possessory interest (their room and common areas). Cannot give consent to search roommates room unless consent is broadend because you share clothes, go into room when theyre not home, etc.
Implied consent: ex: in an airport, you have less privacy (they can search you without consent).

Mala in se: acts considered evil in thtemselves (murder, mayhem, rape, etc.)

Mala prohibita: acts considered undesirable although not inherently evil (gambling, narcotics, prostitution)

Victimless crime (vice crime): no such thing as a victimless crime.

Offenses against morality involving consensual acts between offender and victim (gambling, narcotics, prostitution)

Political offenses: any act viewed as a threat to government

Treason
Sedition, espionage, sabotage, bribery

Regulatory offenses: activities of a business or corporation that are viewed as a threat to public health, safety, or welfare

Pollution levels
Workplace safety
Manufacture of unsafe prodicts

Treason: betraying you country.

Espionage: can be done by a regular american citizen, but usually in a position of trust

Sabotage: interfering with government stuff

Bribery: most common, doesnt haave to be financial.

Where you have more laws, you have more crime.

Narcotics: love hate relationship. Consistently change the laws

find scheduling of drugs, marijuana, heroin, methamphetamines. Where they fall on the schedule and how they are scheduled, and whether they are properly scheduled. Higer on the schedule, the more severe we see it as. FDA EDA

Two schools of thought:

Classical:
- Beccaria and bentham
- Free will philosophy
- Punishments designed to deter
- Beccaria: proportionality is the only punishment that is morally acceptable according to the social contract
- We thought that if you punish people proportionately, swiftly, it will reduce crime and deter human behavior.
Positivism:

Gender based explanation: freda adler - increased freedom for women will result in an increase in female criminality.

African american women with children are most likely to live below the poverty line

Difficulty with measuring female crime: female sex crime investigators are more liekly to be judgemental of female victims

We have more gun violence than evyerwhere in the world. And highest homicide rate

Brady bill- first comprehensive piece of legislation that tried to restrict the type of guns people could have in their house. Named after press secretary from kennedy assasination

African americans are more likely to favor greater restrictions than white people.

Alcohol and drugs have a direct correlation with crime, and are present in the amjority of crimes.

Three types of crime:

Crimes agains person: robbery, murder etc
Crimes against property: arson, burglery etc
Crimes against public order: narcotics, prostitution etc
Strong armed robbery: taking things by force (robbery) but with on weapon

Homicide: the intentional killing of another person.

Premeditiation is usually not enough

**** remember elements of a crime**** EXAM QUESTION

Sexual assult is no longer called rape: required vaginal penitration, only female victims, did nothing to sheild victims from second assault, party couldn’t be married (no marrital rape).

CSC statutes tried to fix this

Rape shield laws: sexual history/partners isn’t relevant. Unless certain details (getting choked) are relevant to the case.

Rape is the least reprted crime in the U.S.****

****Presumption of innocence is the foundation of our criminal justice system.

Why vicitms dont report: familiarity with the attacker. Level of physical injury. Vicitm blaming

Theories of rape: (rape is always about power and control, never about sex)

Feminist theory: increase in violence toward women in male fields (police/milityary)
Procreation: men want to spread their seed

Assault:

Simple assault: open hand slap, push
Aggravated assault: Serious injury, use of weapon
Most happen at home and involve drinking

Robbery is a crime against a purson, burglery is a crime against property, larceny is borrowing someones property without their permission

Arson:

Traditionally:

Measuring crime:

National crime survey/NCVS are the same
Uniform crime reports: most used measure of reported crime in the US, compiled by the FBI
Index crimes: murder, arson, burglery, etc.
- Does not include some types of crime. Attempted murder and rape of males
Petty offenses
Least reported is sexual assault
Car theft is most reported
Type II offenses are petty offenses, but hard to find in uniform crime report.
Not as robust as _____
Only reports the worst crime committed by a person. murder>rape

Reporting characteristics:

Not all crime is reported
Sometimes police intentionally underreport

Clearance rates: the rate at which crime is solved through an arrest (problematic)

Problems with UCR:

Only includes street crime (who commits the nmost crime in the US: it depends) (who commits most street crime: african americans and hispanics)
White criminality tends to be white collar in nature
Founding decision: Whether or not something is decided to be a crime by the reporting cops
Crime definitions vary by location

NCVS: