Law and Society

1. Law and Society CJUS/POLS 102 Chapter 7: Criminal Law

2. Criminal Law • Involves: - prosecution by government - of person - for act classified as a crime a. Crime - any “act or omission” - in violation of a public law - forbidding or commanding it (1) Federal / state / local government

3. Criminal Law - varies from state to state - Model Penal Code (2) Felony / gross misdemeanor / misdemeanor (a) Felony - crime against the state - imprisonment: 1 year / 1 day (b) Misdemeanor - crime against person

4. Law - up to 90 days (c) Gross misdemeanor - more serious - against person / state - up to 1 year (3) Consists of two elements (a) Actus reus - act committed

5. Law - in violation of the law (b) Mens rea - “intent” that a person has - to commit a crime (c) Act and intent - necessary to charge b. Prosecution must prove “causation” - direct or proximate

6. Law - cause of death / injury / etc (1) Direct causation - act was intentional / direct - act caused the injury (2) Proximate causation - act not direct - resulted in death / injury

7. Law c. Purpose of criminal law - protect public (1) How accomplished: - inflicting punishment - threat of punishment (2) Law forbids certain actions that may cause harm • Theories of criminal law / punishment

8. Law - to justify or explain goals a. Retribution - society can vent anger - exact vengeance b. Deterrence - to dissuade offender / others (1) Special deterrence - specific offender

9. Law (2) General deterrence - threat to others c. Restraint - confined / executed / incapacitated - no further opportunity d. Rehabilitation - education / treatment - become productive member - return to society

10. Law e. Restoration - victim-oriented approach - victim compensation (restitution) - constructive roles for victims • Elements of a crime - corpus delicti (body of the crime) a. Certain elements must exist (1) Wrongful act (actus reus)

11. Law - violation of a written law - act / omission (2) Mental fault (mens rea) - intent to act in harmful way (a) Specific intent - did what you wanted to do (b) General intent - intended to harm

12. Law • Parties to a crime - participants - whether present or not - held ‘culpable’ a. Principals -those involved in crime (1) First degree - requisite intent / engages in criminal act - causes the harm

13. Law (2) Second degree - aids / counsels / enables / commands - present at time of crime (3) Constructively present - driver of get-away car - principal 2nd degree b. Accessories - aids / abets a crime: before the fact - aids / receives / comforts: after the fact

14. Law • Presentation of evidence - “foundation” must be presented a. Types of evidence allowed (1) Direct evidence - eyewitness accounts - fingerprints / DNA (2) Circumstantial evidence - shoe prints / tire tracks / wallet

15. Law - glass breaking / person running 6. Attempt / Solicitation / Conspiracy - inchoate crimes (“incomplete” crimes) a. Separate offense - to attempt / to conspire / to solicit another - lesser penalties - comprised of elements - certain actions that must take place

16. Law (1) Attempt (RCW 9A.28.020) (a) Intent or purpose to commit (b) Some overt act or acts (c) A failure to consummate crime (2) Intent is inherent - essence of the crime - attempt without intent cannot be

17. Law (3) Does not require completion - but more than ‘mere preparation’ (a) Requires action / steps - towards completion (b) Washington law - “substantial step” (4) Probable desistance approach - stop prior to taking steps outlined

18. Law b. Solicitation - RCW 9A.28.030 (1) Command / urging / request - to another person - to commit a crime - for something of value (2) Words constitute the act - more than simple statements - favoring / approving crime

19. Law (3) Solicitation intent - requires purpose / specific intent c. Conspiracy - RCW 9A.28.040) (1) Cooperation between two or more - for the purpose of doing - an unlawful act - lawful act by unlawful means

20. Law (a) Requires an agreement - not a written contract (b) Most states: - agreement alone - constitutes the crime (c) Some states: - “action beyond the agreement” (d) Washington law

21. Law - “substantial step” - taken by one of conspirators (e) Mental intent - difficult to prove • Doctrine of Complicity - to aid and abet a. Parties to a crime - conditions where more than one person

22. Law - incurs liability before / during / after crime (1) Requires criminal conduct - once you agree to join / commit an act - incur liability for another’s actions (2) Those who join with others - accept responsibility (3) Immaterial (no defense) - own conduct / someone else / both

23. Law b. Two primary forms of complicity - accomplice / accessory (1) Accomplice - before / during crime - principles (2) Accessory - after the fact - complicity following the crime - know they committed crime / gave aid

24. Law c. Principles of liability - must be culpable / have culpability (1) Courts believe: - must be a reason - for someone to commit crime - Washington law (RCW 9A.08.010) (a) Intent (b) Knowledge

25. Law (c) Recklessness (d) Criminal negligence d. Liability for conduct of another - RCW 9A.08.020 (1) Guilty of an offense - committed by own conduct - conduct of another / legally accountable - or both

26. Law (2) Legally accountable when: - causes innocent / irresponsible person to engage in such conduct - made accountable by the law - accomplice of such person (3) Accomplice of another when: - solicits other person to commit - aid / agrees / attempts to aid - conduct expressly declared by law to establish complicity

27. Law e. Participants not liable for their acts - victim of that offense - inevitable incident to commission - terminates complicity prior to - gives timely warning (1) Laws of complicity - requires: (a) Act (actus reus) - crime completed / in preparation

28. Law (b) Intent (mens rea) - of at least one party (c) Crime actually committed (2) Parties before / during - “aid / abet” - most commonly used terms (a) Other terms: “counsel / procure / hire / command / induce / advise / willfully cause”

29. Law f. Mere presence - insufficient to establish guilt (1) Most common acts: - providing guns / supplies - other instruments of the crime - lookout / driver - preventing warnings (2) Requires intent of purpose - to aid / abet

30. Law (3) Complicity following a crime - other person commits - accessory knew - actually aided to hinder prosecution • Search and Seizure - when are police allowed - motor vehicle: probable cause - stop and frisk: reasonable suspicion a. Hot pursuit

31. Law (1) Fleeing suspect - pursued into private buildings (2) Without search / arrest warrant b. Emergency conditions (1) Evidence of serious crime - occurring in building (2) Destruction of evidence

32. Law c. Open fields (1) Search for contraband - no expectation of privacy therein (2) Climb a wire fence - look over a wooden fence d. Abandoned property (1) Automobile / dwelling / personnel property

33. Law (2) Garbage can placed at curb - next to house is illegal e. Border patrol / Customs / Immigration - exempt from probable cause (1) “Mere suspicion” - can detain and search (2) Body searches - “real” or “reasonable suspicion”

34. Law (3) Body cavity search - “clear indication” f. Mail (1) To and from prisons - search all mail - cannot read g. Private citizens - 4th Amendment

35. Law (1) Restraint on government - not individuals (2) Admissible as evidence - even if illegal h. Administrative inspection (1) Regulated businesses - warrantless inspections - restaurants / slaughter house / canneries

36. Law i. Banks (1) Bank Secrecy Act - supply information without warrant j. Probation / parole (1) Condition of - waive right to search / seizure • Types of crimes

37. Law a. 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

38. Law - fraudulently convert money / property (a) Property already in embezzler’s hands (b) Must intend to defraud rightful owner (2) Theft by false pretenses - obtains title to property of another - knowingly makes false representations - with intent to defraud - must gain title / not just possession

39. Law (3) Extortion - not threats of immediate violence - threats of future harm - accuse of crime / reveal devastating secret (4) Receiving stolen property - buying / receiving - know to have been stolen (a) Must be certain property is stolen - time / place of delivery

40. Law (4) Forgery - 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

41. Law (c) To be guilty of forgery: - must intend to defraud someone - victim need not lose to be a crime (d) Examples: - check / promissory note / stock certificate / bond / deed / mortgage / will / contract / invoices / letter of recommendation (e) Forger’s act consists of:

42. Law - signing name (real / fictitious) - filling in a blank - altering what is already written (4) Uttering a forged document - offering a forged document - as true and genuine - knowing it to be a forgery - with intent to defraud

43. Law c. Crimes against sexual morality (1) Fornication - unmarried - sexual intercourse - who cohabitate (2) Adultery - married person - cohabits with another - has sexual intercourse

44. Law - not his / her spouse - rarely enforced where laws still exist (3) Sodomy - variety of sexual acts - human partners (same / opposite sex) - human and animal (bestiality) - sexual contact with a corpse (necrophilia) (4) Incest - cohabitation / sexual intercourse

45. Law - closely related persons - parent and child / siblings - related by birth rather than marriage (5) Bigamy - marriage before prior marriage terminated - divorce / annulment / death of spouse (6) Prostitution - provide sex to another for a reward - male / female

46. Law • Crimes against the government - authority to protect itself - against injury / destruction - protect from corruption a. Treason - attempting by overt acts - to overthrow / levy war - against the government (1) Devote oneself to the enemies of government

47. Law (2) Give aid and comfort to the enemy - with intent to betray the government b. Perjury - willfully giving a false statement - while under oath - concerning a material matter - in a judicial proceeding / congressional hearing / before a notary public (1) Subordination of perjury

48. Law - causing or encouraging - another to commit perjury c. Bribery - giving or promising to give - a public official - something of value (1) With the corrupt intent of influencing (2) In the discharge of official duties

49. Law (3) Includes: - legislative / executive / judicial branches - federal / state / local levels of government (4) Also includes similar conduct: - to non-government people - such as athletes to “throw” a game • Executive privilege - formal act of mercy - initiated by president / governor

50. Law a. Reprieve - delay in the execution of judgment - death penalty cases b. Commutation - reduction in punishment - 10 years to 5 years c. Pardon - release from punishment - restoration of all rights / privileges