Understanding the Criminal
Justice System
CJUS 101
Chapter 1: Crime and the Nature
of Law
Crime
1.
What is crime?
- different to different people
a. Society / system give names
- street crime / white collar crime / blue
collar crime / organized crime
- victimless crime / drug induced crime /
hate crime / personal crime / property
crime
b. Any violation of a written criminal law
Crime
- must be written
- carry a penalty
(1) City / county ordinances
- cannot oppose state law
(2) State law
- cannot oppose federal law
c. Natural law
- origin of crime today
Crime
(1) Determines right from wrong
- higher laws
- rational beings should understand
(a) Interpretation of natural law
- varies as to society / culture
(b) Inquisition / rustling
(2) Belief in natural law
- body of power determines
Crime
- power made valid by nature
- no acceptable definition
- unable to decide “natural” crimes
d. What makes a person’s actions a crime?
- how do we make criminal law
(1) (D. Frost) “A broad definition of crime in
England is that it is any lower-class
activity which is displeasing to the
upper-class.”
Crime
(a) Displeasing / deviant to society
- drunk in public / disorderly / etc.
(b) Satisfy middle / upper-classes
(2) Sociology of deviance
- dangerous / embarrassing / irritating
(a) Labeling process
(b) Associates ‘deviant behavior’
Crime
(c) Behavior people label
- clothing / tattoos / hairstyle
(3) Prohibition (1919)
- 18th Amendment
(4) Abortion (1992)
- Roe vs. Wade
- killing fetus vs. women’s rights
(5) Divided the country
Crime
2.
Crime
- legal definition
- Latin
- judgment / accusation / offense
a. Definition used:
“Intentional act or omission in violation
of criminal law committed without
defense or justification, and sanctioned
by the state as a felony/misdemeanor.”
Crime
(1) Intentional act / omission
- action
- fail to act
- simple statements
(2) In violation of a criminal law
- valid / written
- statute
(3) Without defense / justification
- protection / legal act
Crime
(4) Sanctioned by the state as a crime
- written law
- felony / misdemeanor
- with penalty
b. Actions also criminal
(1) Failure to act
- legal duty
- take responsibility
- varies by state
Crime
(2) Misprision of a felony
- committed by another
- try to conceal
- required to report all felonies
(3) Conspiracy
- cohort / conjunction with another
- objective / plan / overt act
3. Criminal intent
- “mens rea” (Latin) = guilty mind
Crime
a. Right from wrong
- intended to commit crime
(1) Washington state law:
- “A person acts with intent or
intentionally when he acts with
objective or purpose to accomplish
a result which constitutes a crime.”
b. Types of intent
- varies from state to state
Crime
(1) Specific intent
- intended prohibited act
(2) General intent
- conscious wrong-doing
- prohibited result
(3) Transferred intent
- transfer intent to another
- “bad aim”
5.
Defenses
Crime
a. Insanity
- legal term
(1) M’Naghten Rule (1843)
- English law
(2) Durham Rule (1954)
- mental defect
- at time of offense
Crime
(a) Federal law
- judge determines
- not jury (state)
(b) Montana law
- no constitutional right
- guilty by reason of insanity
b. Mistake of fact / age / identity
(1) Fact – illegal to possess
Crime
(2) Age
- pornography / statutory rape
(3) Identity
- street vs. prescription drugs
c. Mistake of law
- must be known
d. Duress and consent
- immediate harm against person / family
Crime
e. Entrapment
- police plant idea of crime
- not inclined to commit act
(1) “Origin of intent”
- must be predisposed
- “police conduct test”
(2) Examples:
- Tampa’s Bum Decoy Operation
- Sea-Tac Airport sting operation
Crime
f. Intoxication
- “no act shall be deemed less criminal”
- particular mental state of accused
g. Justification
(1) Justifiable homicide
- legal reason
- execution / dangerous fleeing felon
(2) Excusable homicide
Crime
- legal act
- caused death of another
6.
Classification of crimes
- law must be sanctioned
- mala in se
- mala prohibita
a. Washington state law
(1) Felony
Crime
- serious crimes
- against the state
(a) Degrees
- first / second / third
(b) Classes
- A: 20 years / $50,000
- B: 10 years / $20,000
- C: 5 years / $10,000
Crime
(2) Misdemeanors
- Gross: one year / $5,000
- Misdemeanor: 90 days / $1,000
b. Criminal attempt
- one class lower
- attempts 1st degree robbery = 2nd degree
- excludes murder / arson
7.
Laws in the United States
- many classifications
Crime
a. Constitutional law
- highest law
- Constitution / Bill of Rights / amendments
b. Criminal law
- customs / beliefs / natural law / Bible / etc
- based on common law