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111 Cards in this Set
- Front
- Back
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Law and Society
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CJUS/POLS 102
Chapter 7: Criminal Law |
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Involves:
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- prosecution by government
- of person - for act classified as a crime |
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Crime
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- any “act or omission”
- in violation of a public law - forbidding or commanding it |
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Federal / state / local government
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- varies from state to state
- Model Penal Code |
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Felony / gross misdemeanor / misdemeanor
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Felony
- crime against the state - imprisonment: 1 year / 1 day (b) Misdemeanor - crime against person up to 90 days (c) Gross misdemeanor - more serious - against person / state - up to 1 year |
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Consists of two elements
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Actus reus
- act committed - in violation of the law |
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Mens rea
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- “intent” that a person has
- to commit a crime Act and intent - necessary to charge |
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Prosecution must prove “causation”
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- direct or proximate
- cause of death / injury / etc |
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Direct causation
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- act was intentional / direct
- act caused the injury |
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Proximate causation
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- act not direct
- resulted in death / injury |
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. Purpose of criminal law
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protect public
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How accomplished:
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- inflicting punishment
- threat of punishment Law forbids certain actions that may cause harm |
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Theories of criminal law / punishment
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- to justify or explain goals
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Retribution
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- society can vent anger
- exact vengeance |
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Deterrence
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- to dissuade offender / others
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Special deterrence
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- specific offender
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General deterrence
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- threat to others
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Restraint
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- confined / executed / incapacitated
- no further opportunity |
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Rehabilitation
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- education / treatment
- become productive member - return to society |
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Restoration
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- victim-oriented approach
- victim compensation (restitution) - constructive roles for victims |
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Elements of a crime
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- corpus delicti (body of the crime)
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Certain elements must exist
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Wrongful act (actus reus)
- violation of a written law - act / omission |
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Mental fault (mens rea)
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- intent to act in harmful way
Specific intent - did what you wanted to do (b) General intent - intended to harm |
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Parties to a crime
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- participants
- whether present or not - held ‘culpable’ |
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Principals
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those involved in crime
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First degree
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- requisite intent / engages in criminal act
- causes the harm |
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Second degree
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- aids / counsels / enables / commands
- present at time of crime |
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Constructively present
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- driver of get-away car
- principal 2nd degree |
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Accessories
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- aids / abets a crime: before the fact
- aids / receives / comforts: after the fact |
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Presentation of evidence
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- “foundation” must be presented
Types of evidence allowed |
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Direct evidence
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- eyewitness accounts
- fingerprints / DNA |
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Circumstantial evidence
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- shoe prints / tire tracks / wallet
- glass breaking / person running |
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Attempt / Solicitation / Conspiracy
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- inchoate crimes (“incomplete” crimes)
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Separate offense
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- to attempt / to conspire / to solicit another
- lesser penalties - comprised of elements - certain actions that must take place |
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Attempt (RCW 9A.28.020)
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Intent or purpose to commit
(b) Some overt act or acts (c) A failure to consummate crime |
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Intent is inherent
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- essence of the crime
- attempt without intent cannot be |
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Does not require completion
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- but more than ‘mere preparation’
Requires action / steps - towards completion (b) Washington law - “substantial step” |
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Probable desistance approach
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- stop prior to taking steps outlined
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Solicitation
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- RCW 9A.28.030
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Command / urging / request
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- to another person
- to commit a crime - for something of value |
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Words constitute the act
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- more than simple statements
- favoring / approving crime |
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Solicitation intent
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- requires purpose / specific intent
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Conspiracy
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- RCW 9A.28.040)
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Cooperation between two or more
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- for the purpose of doing
- an unlawful act - lawful act by unlawful means |
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Requires an agreement
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- not a written contract
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Most states:
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- agreement alone
- constitutes the crime |
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Some states:
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- “action beyond the agreement”
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Washington law
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- “substantial step”
- taken by one of conspirators |
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Mental intent
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- difficult to prove
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Doctrine of Complicity
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- to aid and abet
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Parties to a crime
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- conditions where more than one person
- incurs liability before / during / after crime |
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Requires criminal conduct
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- once you agree to join / commit an act
- incur liability for another’s actions |
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Those who join with others
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- accept responsibility
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Immaterial (no defense)
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- own conduct / someone else / both
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Two primary forms of complicity
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- accomplice / accessory
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Accomplice
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- before / during crime
- principles |
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Accessory
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- after the fact
- complicity following the crime - know they committed crime / gave aid |
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Principles of liability
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- must be culpable / have culpability
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Courts believe:
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- must be a reason
- for someone to commit crime - Washington law (RCW 9A.08.010) Intent (b) Knowledge Recklessness (d) Criminal negligence |
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Liability for conduct of another
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- RCW 9A.08.020
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Guilty of an offense
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- committed by own conduct
- conduct of another / legally accountable - or both |
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Legally accountable when:
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-causes in nocent / irresponsible person
to engage in such conduct - made accountable by the law - accomplice of such person |
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Accomplice of another when:
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- solicits other person to commit
- aid / agrees / attempts to aid - conduct expressly declared by law to establish complicity |
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Participants not liable for their acts
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- victim of that offense
- inevitable incident to commission - terminates complicity prior to - gives timely warning |
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Laws of complicity
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- requires:
Act (actus reus) - crime completed / in preparation Intent (mens rea) - of at least one party Crime actually committed |
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Parties before / during
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- “aid / abet”
- most commonly used terms Other terms: “counsel / procure / hire / command / induce / advise / willfully cause” |
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Mere presence
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- insufficient to establish guilt
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Most common acts:
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- providing guns / supplies
- other instruments of the crime - lookout / driver - preventing warnings |
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Requires intent of purpose
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- to aid / abet
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Complicity following a crime
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- other person commits
- accessory knew - actually aided to hinder prosecution |
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Search and Seizure
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- when are police allowed
- motor vehicle: probable cause - stop and frisk: reasonable suspicion |
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Hot pursuit
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Fleeing suspect
- pursued into private buildings (2) Without search / arrest warrant |
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Emergency conditions
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Evidence of serious crime
- occurring in building (2) Destruction of evidence |
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Open fields
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Search for contraband
- no expectation of privacy therein (2) Climb a wire fence - look over a wooden fence |
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Abandoned property
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Automobile / dwelling / personnel property
Garbage can placed at curb - next to house is illegal |
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Border patrol / Customs / Immigration
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- exempt from probable cause
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“Mere suspicion”
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- can detain and search
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Body searches
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- “real” or “reasonable suspicion”
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Body cavity search
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- “clear indication”
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Mail
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To and from prisons
- search all mail - cannot read |
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Private citizens
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- 4th Amendment
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Restraint on government
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- not individuals
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Admissible as evidence
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- even if illegal
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Administrative inspection
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Regulated businesses
- warrantless inspections - restaurants / slaughter house / canneries |
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Banks
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Bank Secrecy Act
- supply information without warrant |
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Probation / parole
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Condition of
- waive right to search / seizure |
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Types of crimes
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Against person
- murder / rape / robbery / assault - various degrees / classes b. Against property - burglary / larceny / motor vehicle theft / arson - various degrees / classes (1) Embezzlement - lawful possession of another’s money or property - fraudulently convert money / property (a) Property already in embezzler’s hands (b) Must intend to defraud rightful owner |
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Theft by false pretenses
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- obtains title to property of another
- knowingly makes false representations - with intent to defraud - must gain title / not just possession |
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Extortion
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- not threats of immediate violence
- threats of future harm - accuse of crime / reveal devastating secret |
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Receiving stolen property
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- buying / receiving
- know to have been stolen (a) Must be certain property is stolen - time / place of delivery |
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) Forgery
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- making a false writing
- materially alter a genuine writing (a) Must have: - legal significance - relied upon in business transactions (b) Writing includes: - handwriting / printing / typewriting / engraving |
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To be guilty of forgery:
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- must intend to defraud someone
- victim need not lose to be a crime |
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Examples:
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- check / promissory note / stock
certificate / bond / deed / mortgage / will / contract / invoices / letter of recommendation |
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Forger’s act consists of:
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- signing name (real / fictitious)
- filling in a blank - altering what is already written |
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Uttering a forged document
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- offering a forged document
- as true and genuine - knowing it to be a forgery - with intent to defraud |
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Crimes against sexual morality
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Fornication
- unmarried - sexual intercourse - who cohabitate (2) Adultery - married person - cohabits with another - has sexual intercourse - not his / her spouse - rarely enforced where laws still exist |
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Sodomy
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- variety of sexual acts
- human partners (same / opposite sex) - human and animal (bestiality) - sexual contact with a corpse (necrophilia) |
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Incest
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- cohabitation / sexual intercourse
- closely related persons - parent and child / siblings - related by birth rather than marriage |
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Bigamy
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- marriage before prior marriage terminated
- divorce / annulment / death of spouse |
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Prostitution
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- provide sex to another for a reward
- male / female |
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Crimes against the government
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- authority to protect itself
- against injury / destruction - protect from corruption |
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Treason
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- attempting by overt acts
- to overthrow / levy war - against the government Devote oneself to the enemies of government Give aid and comfort to the enemy - with intent to betray the government |
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Perjury
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- willfully giving a false statement
- while under oath - concerning a material matter - in a judicial proceeding / congressional hearing / before a notary public |
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Subordination of perjury
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- causing or encouraging
- another to commit perjury |
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Bribery
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- giving or promising to give
- a public official - something of value With the corrupt intent of influencing (2) In the discharge of official duties |
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Includes:
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- legislative / executive / judicial branches
- federal / state / local levels of government |
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Also includes similar conduct:
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- to non-government people
- such as athletes to “throw” a game |
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Executive privilege
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- formal act of mercy
- initiated by president / governor |
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Reprieve
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- delay in the execution of judgment
- death penalty cases |
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Commutation
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- reduction in punishment
- 10 years to 5 years |
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Pardon
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- release from punishment
- restoration of all rights / privileges |
