intro to criminal law

Introduction

  • Instructor expresses excitement and engagement with the class.

Class Dynamics

  • Encourages interaction: students must raise hands to answer questions.

  • Mention of a fictional figure, "Camel."

Warm-Up Question

  • Instructor asks a question, students respond by identifying multiple-choice answers (a, b, c, d).

  • Instructor selects K as an answer for clarification.

Important Legal Case Discussion

  • Case: "People of the State of Kansas vs. Tristan Lede."

    • Context: Discusses legality surrounding purchasing marijuana.

    • Questions posed on whether a person buying pot is a victim; students debate legality vs. illegality.

    • Distinction between legality of purchasing pot vs. purchasing legal products like Twinkies.

    • Instructor acknowledges personal views against pot usage.

Goals of Legal Processes

  • Goal of criminal prosecution: to punish the defendant.

  • Contrasts with the goal of civil litigation.

Philosophies of Punishment

  • Instructor asks about 'specific deterrence':

    • Asserts students may not be in agreement with Jenna on definitions.

    • Implication of misremembering definitions.

Types of Crimes

  • Discussion on violent crimes vs. property crimes:

    • Robbery classified as a violent crime.

    • Burglary defined as a property crime.

    • Key distinction: if a crime happens in the presence of a victim, it may escalate from burglary to robbery.

Legal Classifications

  • Distinction between misdemeanors and felonies.

    • Conviction of a misdemeanor: Sent to jail (typically for one year).

    • Conviction of a felony: Sent to prison.

    • Discussion the different populations in jail vs. prison.

Crime Perspectives

  • Three perspectives on crime:

    1. Consensus theory: the individual is solely responsible for crime.

    2. Conflict perspective: society is to blame for crime (social structure).

    3. Critical conflict: addresses systemic issues.

Crime Data Collection

  • Introduction of the Uniform Crime Report (UCR): collected by the FBI.

  • Dark figure of crime: unreported crimes that the UCR does not capture.

Fourth Amendment and Exclusionary Rule

  • Instructor poses a question about what legality must precede police searches:

    • Requires a warrant based on probable cause.

  • Discussion of the exclusionary rule where evidence found illegally (without a warrant) cannot be used in court.

    • Explanation of probable cause and its importance in warrant issuance.

Miranda Rights

  • Defined by the Constitutional rights that take effect upon arrest.

    • Recall of the Fourth and Fifth Amendments.

    • Discusses the mandatory reading of Miranda rights at arrest.

  • Key rights under Miranda rights:

    1. Right to legal counsel.

    2. Right to remain silent; cannot be compelled to testify against oneself.

The Fourteenth Amendment

  • Significance in due process: guarantees equal treatment by the state.

    • Applicability in various social issues (e.g., abortion, marriage rights).

U.S. and Global Crime Statistics

  • Information about execution rates: which country executes the most people?

    • China noted as the execution capital.

  • U.S. as the imprisonment capital with over 2 million individuals incarcerated.

Police Fatalities

  • Data on police fatalities: between 2015-2020, approximately 990 unarmed individuals were killed by police annually.

  • Queries the rates of police fatalities during duty; emphasizes the frequency of car accident-related fatalities.

Group Dynamics in Classroom

  • Setup of student groups for ongoing semester projects.

  • Discussion surrounding group responsibilities and accountability.

Quiz Information

  • Upcoming quiz covering lecture materials from week two and chapter elements of criminal liability.

Conclusion and Closing Remarks

  • Instructor acknowledges personal challenges leading to lack of preparation for the session. Encourages students to work hard and remain engaged.

  • Students dismissed or free to go after class.