1/25/23 Mens rea - intent in mind in right place ALI - American law institute Actus reus requires voluntary act. [acts can be either act of omission or act of commission] Larceny is defined as the trespassory taken and carrying away of another persons property with the intent to permanently deprive. Trespassing - when you stop acting like an airport traveler which is what you were invited there as, not as a thief Asportation- the carrying away of someone else's property. Permanently deprive Specific intent - bad intent The situation will tell you if there is bad intent. You take a luggage that looks nothing like yours. that isn’t a mistake. Don't they charge bank robbers with grand larceny? They aren't trespassing at the bank. Construct whether or not you trespassed based on behavior. You must act as a shopper the second you stop. You are trespassing because you were invited there as a shopper, and shoppers act a certain way. Putting a tie in your pocket is not how a shopper acts. So now you become a trespasser. The following is the classification of murder: FIGSMAN. If death comes about while engaging in BREAKS, then it is felony murder, even if you didn't touch them. Felony murder - BREAKS Burglary, robbery, escape, arson, kidnap, sex & sodomy Intent to kill (scheming, planning, deliberateness) Gross disrespect - shocking the conscious Serious bodily injury M A } manslaughter - voluntary or involuntary N To charge someone with felony murder. BREAKS must be present. BREAKS B - At common law, burglary is the breaking and entering of a dwelling place in the nighttime to commit a crime therein. R - Robbery is larceny plus the use of force. [RPP - reasonably prudent person] E - escape A - Arson at common-law: The willful and or malicious burning (actual burning) of another person’s dwelling place. K - At common law: kidnapping is the willful or unlawful confinement of another person against their will, including asportation. S - sex and sodomy Crook burns the business down, and a trespassing hobo in the basement dies. Felony murder because death resulted from the act of arson. Arson is an element of BREAKS. It doesn't matter if crook didn't know anyone was in the basement. MIDTERM: To drive down wall street at lunchtime it is hectic. Obey the speed limit of 25, but that isn’t appropriate at lunchtime on wall street when crowded. Knowing that you're in a crowded area, you need to adjust your behavior. Voluntary manslaughter - [at common must involve spouses] speaks of intending (had mens rea) to bring about the death of another but where one does so under the heat of passion. It is the result of immediately witnessing a jarring heat of a moment-event. If it happens, it is foreseeable. 2/22/23 Elements of Negligence: Duty of Care Breach of duty Foreseeability Damages or injury Res Ipsa Loquitur: Allows an injured person to present a case of negligence without specific evidence that the defendant was negligent. - You don't need evidence. The injury speaks for itself. Involuntary manslaughter: The act has to be more than ordinary negligence. It must either be reckless or extraordinary negligence. The fourth amendment stands for the proposition that citizens shall be free from unreasonable searches and seizures (warrantless searches), except for Bachpies. Every one of these is an exception to the rule that you can’t unlawfully search. Border searches - have the right to search you at the border Automobile - can search common areas of the car with reasonable suspicion Consent - you say it's okay for them to search your stuff (give up 4th amendment) Hot pursuit - why would you run if you had nothing to hide? Plain view - something is in plain view, it can be seized Incident to arrest - inventory Exigent circumstances (emergency) - fire, blood, gunshots, yelling, smell gas, water, car crash Stop-and-inquire Stop-and-pat (Terry vs. Ohio) } Stop-and-search The following are considered to be suspect classifications; Race - can’t stop bc of race alone Alienate Nationality Violated the terry standard. Terry standard has reasonable suspicion, stopping inquiring, frisking, and searching. Cannot violate suspect classification. - Difference between window shopping and casing Assault The placing of another in immediate apprehension of bodily injury. Battery The harmful and/or offensive touching of another. - Blow a cigar in her face, you did it intentionally, and it touched her. - Title denotes ownership. A thief can never pass title. Larceny by false pretenses, speaks of obtaining the personal property of another by making an intentionally false statement upon which the victim relied. (the false statement must be a material fact.) ****** In false pretenses, title passes******* Knock on the door as police ask for donations; grandma gives fine china. The title passes to crook because it's under false pretenses. Embezzlement is the fraudulent taking of personal property by someone to whom it was entrusted (*fraud always involves a trust relationship*) The elements that satisfy negotiability (what makes commercial paper negotiable) Money order Unconditional - it has to be a specific sum Signature Time - date - 60 days after the written date, it goes stale Sum of Order of Writing - in writing - even the machine 3/8/23 Mapp case The Miller Doctrine - In order to establish if the material is obscene, apply the Literary value - 50 shades, had a literary undertone, so it’s okay Artistic Okay ^ Not Okay Prurient - excessive interest in sexual matters Sexual - purely sexual 25 multiple choice 2 points each - Will cover everything we have covered so far. - Kind of trick questions, so look closely - Could be two correct answers. One is more correct than the other. - If we didn't learn it, then it isn't an answer. Cross it out. We didn't talk about breaking and entering, so cross it out. He broke in without ill intent. Not burglary because he didn't break in to commit a crime. NYC, you have other options to find warmth, like public places. In the mountains, you had no choice, so no crime. As many as four essays, choose 2. - Show clarity of understanding - More than a paragraph - Opening paragraph on the important issue. Restate question then the relevant issue at hand is the issue of duty of care. Explain duty of care is…. Heres an example. Go back to facts in the question. Apply description of duty of care to whatever is in the question. Then write conclusion, crookey is guilty because…. 1) “For there to be Criminal liabity. The defendant must have either performed a voluntary physical act or failed to act under circumstances imposing the illegal duty. For this purpose ana act sis defined as boldly movement. Thought is not an act. Must commit a voluntary act to commit a crime or turn an involuntary act into a voluntary act, like choosing to stop taking epilepsy medicine. Train jerks and touch someone its involuntary if you take teh train and use jerkimg as an excuse to grope then you turned it to voluntary act. elements are required for a crime. Mens rea and actus rea. Explaijn both then explain voluntary and involuntary. Gives examples for both. 2) andrew leaving restaurant. Takes umbrella thinking it was his he left there a week ago. It belongs to ben actually. When using principles of crime of larceny. Discuss the legal issue involved and make a determination of guilt. In order to find a defendant guilty of larceny we must define Larcney. Larceny is. Then take each element and address it. Requires trespassing so explain trespassing. Then explain asportation. Discuss intent. Use examples No bad mind no crime No ill intent so no crime. POST MIDTERM 3/26/23 Lover of pleasure commits crimes - get an adrenaline high from committing crimes. G7 - the seven most industrial developed nations of the world. President Ford * was never elected because Nixon and the vice president, Spiro Agnew, resigned. Make the punishment so high that people weigh the pain against the pleasure, and the pain (the criminal charge) outweighs the pleasure. The cost of pleasure is pain. Major fees - individuals are blessed with free will 1a) Free will allows you to make rational choices 1b) Rational choices influence free will 2a) as human beings, we are prone to be creatures of pleasure (hedonism) 3) A breach of a contract requires swift punishment (certainty) 4) Deterrence is forward-looking Deterrence is a natural outgrowth in weighing pain and pleasure. The classical model says to make the punishment so severe that when a reasonable person is weighing their options, they say no to crime. Classicalist wants punishment to be swift, sure, and certain. They don’t want indeterminate (10-15). They want a clear punishment. 15 years, clean-cut sentencing. Crimes malum in se versus crimes that are malum prohibitum Malum in se - crimes that are inherently bad Malum prohibitum - crimes that are not inherently bad but prohibited by the legislature A contract is an agreement between 2 or more parties in which each party agrees to give up something of value (consideration) in exchange for some benefit. Positivism is that we live in a world where cause and effect operate. a) Study these things, and you will see that there is a correlation between environment and behavior. b) Cause and effect can either be physiological or environmental. Everything we see can be explained physically or environmentally. c) Social problems such as crimes can be remedied by a systematic study of each event. d) Treat the problem (rehab), not just jail always. e) Once the problem is identified, a remedy must be administered. f) Treatment is desirable both for the individual and for society so that society can return to normalcy and so that the individual can return to normal. g) The purpose of sanctions is not to punish but to provide rehabilitation and treatment. A sentence is to punish. Sanction is to rehabilitate. The New York Court of Appeals is the highest court in NY. In other states, it is NJ supreme court. Classicalism - - - - - Statuary law spells out what is acceptable behavior and what is impermissible according to what is dangerous to society. The law must be specific and exact the justice system must start with a social contract. The social contract will establish laws they have free will to choose and therefore have a moral responsibility to choose the right thing instead of wrong Your rationale drives classics to make decisions when confronted with pain and pleasure. Moral lens Positivism - - - - we are shaped by our environment biologically, psychologically, and socially. say we need treatment to restore society; it’s far more constructive to rehab people instead of condemning them for life. They’ll get out and be worse off after festering in prison and coming out even angrier. believe science should drive all of our decisions. nature vs. nurture and environment. Positivism says we are driven by cause and effect and the environment. We are susceptible to our environment under positivism. See all crime from a pathological perspective, not morally. A pathology lens
