Criminal Law
0 Crime is an offense against society
0 If a person violates a state criminal law, the offense is
committed against the citizens of that state regardless who
the specific victim is
0 If a person violates a federal criminal code, the offense is
committed against all of the citizens of the United States
0 Crime is an intentional act or omission to act in violation of
the criminal law (penal code) committed without defense
of justification and sanctioned (punished) by society
(government) as a felony or misdemeanor
0 Essential elements of the crime include criminal intent, an
act, or, in some cases, omission to act, and a casual
connection between the intent and the act itself
Criminal Law
0 Types of intent
0 General
0 Specific
0 Transferred
0 Criminal negligence
0 In addition, one must be not only the actual cause of the events
leading to the result but also the proximate or legal cause
whereby the actor should have foreseen the result
0 One is liable if the result is foreseeable
0 Crimes are classified generally as:
0 Felonies
0 Misdemeanors
0 Infractions
Constitution law
0 Body of law which defines the relationship of different
entities within a state, namely, the executive, the
legislature and the judiciary.
0 Constitutional laws may often be considered second
order rulemaking or rules about making rules to
exercise power. It governs the relationships between
the judiciary, the legislature and the executive with
the bodies under its authority.
Constitution law
0 The United States Constitution has 7 Articles and 27
amendments, the first ten becoming “The Bill of
Rights”.
0 In the U. S. Constitution, although other crimes are
mentioned, some specifically, Treason is the only
crime that has its minimum standard set in the
Constitution itself, in Article 3, Section 3.
Federal Law
0 The United States Constitution provides for a federal
government that is superior to state governments
with regard to its enumerated powers. These powers
include the authority to govern;
0 International Affairs
0 Currency
0 National Defense
0 Issues that arise under any legislation passed by
Congress, an Executive Order of the President, or a
decision of federal courts pursuant to the Constitution
are governed by federal law.
Federal Law
0 The Supreme Court makes final decisions regarding all
federal law. United States federal laws are categorized in
the United States Code.
0 Areas of federal law;
0 Federal Income Tax Code
0 Immigration laws
0 laws relating to international relations and treaties, such as
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embargoes, authorizations to use the military
Copyright law
Patent law
laws about crimes on federal property or against federal
employees
R.I.C.O. (Racketeering Influenced and Corrupt Organizations)
Act
Old Common Law
0 Common law legal systems originated in England
during the Middle Ages.
0 Law developed by judges through decisions of courts
and similar tribunals rather than through legislative
statutes or executive branch action
0 A "common law system" is a legal system that gives
great precedential weight to common law, on the
principle that it is unfair to treat similar facts
differently on different occasions.
0 The body of precedent is called "common law" and it
binds future decisions.
Old Common Law
0 In cases where the parties disagree on what the law is, a
common law court looks to past precedential decisions of
relevant courts. If a similar dispute has been resolved in
the past, the court is bound to follow the reasoning used in
the prior decision (this principle is known as stare decisis).
0 If a the court finds that the current dispute is
fundamentally distinct from all previous cases (called a
"matter of first impression"), judges have the authority and
duty to make law by creating precedent. Thereafter, the
new decision becomes precedent, and will bind future
courts.
Parties to a Crime
0 Whoever is concerned in the commission of a crime is
a principal and may be charged with and convicted of
the commission of the crime although the person did
not directly commit it and although the person who
directly committed is has not been convicted or has
been convicted of some other degree of the crime or
of some other crime based on the same act.
0 At common law there are four possible parties to a
crime
Parties to a Crime
0 The principal in the first degree
0 The person who actually was present and consummated the
crime
0 Example: Armed Robbery -- If "A" decides to rob a bank, takes a
gun, goes into a bank, points the gun at the bank teller and
demands money or says he will shoot the teller, "A" is given
money and flees the bank, "A" has directly committed an
Armed Robbery because "A"'s conduct meets all elements of
the crime.
0 The principal in the second degree
0 The person who was constructively present at the crime scene
0 Example: Armed Robbery (PTAC) -- If "A" decides to rob a bank
but wants someone to be a "lookout" (keep an eye out for the
presence of police and to let "A" know if any police might come
on the scene to stop the commission of the crime) and so "A"
tells "B" of his plan to rob a bank and asks "B" to come along
and stand at the door of the bank and to warn "A" if the police
are coming and "B" agrees and does so, "B" is a party to the
crime of Armed Robbery and is as guilty as "A" even though "B"
did not have a gun, did not threaten anyone and did not take
the money.
Parties to a Crime
0 The accessory before the fact
0 The individual who was neither actually nor constructively
present during the crime but who aided or abetted the
commission of the crime before it was committed
0 Example: Armed Robbery (PTAC) -- If "A", B" and "C" agree to
rob a bank and "A", "B" and "C" each consciously intend to
make it happen and have a stake in the venture and one of
them actually robs the bank, all three are equally guilty of the
crime.
0 The accessory after the fact
0 The person who was unaware that a crime was committed
until after the event and then aided or abetted the principals or
accessories before the fact
0 Example: Armed Robbery (PTAC) -- If "A", B" and "C" agree to
rob a bank and "A", "B" and "C" each consciously intend to
make it happen and have a stake in the venture and one of
them actually robs the bank, then the principals go to “D’s”
house and informs “D” and asks “D” to provide assistance, and
“D” provides the assistance, “D” is equally guilty of the crime.
Defenses to a Crime
(JUSTIFICATION FOR)
A DEFENDANT IN A CRIMINAL CASE MAY BE ABLE TO ESTABLISH A
LEGITIMATE JUSTIFICATION FOR THEIR CRIMINAL BEHAVIOR
0 Capacity to commit crime
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Infancy (under 14 yrs.)
Diminished capacity
Physical impossibility
Insanity
Mistake of fact
Mistake of law
Duress
Entrapment
Self-defense
Necessity
INFANCY
0 The defense of infancy is a form of defense known as
an excuse so that defendants falling within the
definition of an "infant" are excluded from criminal
liability for their actions, if at the relevant time, they
had not reached an age of criminal responsibility.
After reaching the initial age, there may be levels of
responsibility dictated by age and the type of offense
committed.
0 Under the English common law the defense of infancy
was expressed as a set of presumptions. A child under
the age of seven was presumed incapable of
committing a crime.
0 The presumption was conclusive prohibiting the
prosecution from offering evidence that the child had
the capacity to appreciate the nature and
wrongfulness of what he had done.
INFANCY
0 Children aged seven to fourteen were presumed incapable
of committing a crime. As a definition of the process for
dealing with an alleged offender, the range of ages specifies
the exemption of a child from the adult system of
prosecution and punishment.
0 Most states develop special juvenile justice systems in
parallel to the adult criminal justice system. Children are
diverted into this system when they have committed what
would have been an offense in an adult
0 Hence, children are deemed incapable of committing some
sexual or other acts requiring abilities of a more mature
quality
PHYSICAL
0 Those who are physically incapable of the crime
0 Physical impossibility covers situations where not
only is the action inadequate, but impossible; an
example is the attempted murder of (or conspiracy to
murder) someone who is, in fact, already dead. Such
actions are governed by section 1(2) and 1(3) of the
1981 Act, which provides that they do constitute a
crime if the actions, were the facts of the case to be as
the defendant believed them to be, would have led to a
valid attempt
DURESS
0 Except for the most serious crimes, duress may be a
defense if a offense was committed when:
0 Because of a threat
0 The actor reasonably believed human life was in immediate
danger
0 duress or coercion refers to a situation whereby a person
performs an act as a result of violence, threat or other
pressure against the person
0 A defendant utilizing the duress defense admits to
breaking the law, but claims that he/she is not liable
because, even though the act broke the law, it was only
performed because of extreme unlawful pressure.
0 In criminal law, a duress defense is similar to a plea of
guilty, admitting partial culpability, so that if the defense is
not accepted then the criminal act is admitted.
Offenses
0 PRELIMINARY (PREPARATORY)
0 Criminal attempt
0 Solicitation
0 Conspiracy
0 OBSTRUCTION OF JUSTICE
(INCHOATE)
0 Perjury
0 Subordination of perjury
0 Bribery
0 AGAINST THE PUBLIC PEACE
0 Disturbing the peace
0 Unlawful assembly
0 Riot
0 AGAIST PROPERTY
Offences Against Property
0 Theft
0 Intentionally taking away the personal property of another
0 Fictitious check
0 Willfully, with the intent to defraud, writing or delivering a check, knowing at the time
there are insufficient funds
0 False pretenses
0 Knowingly, by false pretense or fraud, procuring money, labor, or property of another
0 Embezzlement
0 Fraudulent appropriation of property by a person to whom it has been entrusted
0 Breaking and entering
0 Forcibly entering a structure intended for human occupancy without the permission of
the owner or lessee and destroying property of value in or around the structure
0 Burglary
0 Entry of a structure with the intent to commit a felony or steal property of any value
0 Arson
0 Willfully and maliciously setting fire to or causing to be burned any structure, forest
land, or property
0 Forgery
0 The false making or material alteration of any document that, if genuine, would be of
apparent legal efficacy
0 Extortion
0 (blackmail) obtaining property from another with the victim’s consent through the
threat of some future harm
Offenses
0 CONTROLLED SUBSTANCE LAWS
0 Possession
0 Sale
0 Transportation
0 Manufacturing
0 Furnishing
0 Administering
0 Possession of drug paraphernalia
0 Being under the influence of or cultivating a
controlled substance
0 PUBLIC SAFETY AND MORALS
0 Pornography
0 Obscene matter
0 Sexual exploitation of minors
0 Contributing to the delinquency of minors
0 Incest
0 Indecent exposure
0 Loitering
0 Prostitution
0 AGAINST PERSONS
0 Assault
Against Persons
0 An attempted battery or placing someone in fear of an immediate battery
0 Battery
0 Willfully and unlawfully using force or violence on another person
0 Robbery
0 The felonious taking of property from another in the victim’s presence against
their will by use of force or fear
0 False imprisonment
0 Unlawfully restricting the personal liberty of another
0 Kidnapping
0 Generally, the forcible abduction of a person to another location
0 Rape
0 Any unconsented-to sexual intercourse upon the person of another
0 Unlawful sexual intercourse (statutory rape)
0 The act of sexual intercourse with a person under the age of 18 who is not the
spouse of the perpetrator
0 Homicide
0 1st degree
0 Deliberate and premeditated
0 2nd degree
0 Without premeditation
0 Manslaughter (voluntary)
0 Without malice but upon sudden quarrel or in heat of passion
0 Manslaughter (involuntary)
0 Without malice, in an unlawful manner
0 Ex: vehicular homicide
Obstruction of Justice
0 Obstruction of justice refers to the crime of interfering
with the work of police, investigators, regulatory
agencies, prosecutors, or other government official.
0 Common law jurisdictions other than the United
States tend to use the wider offense of Perverting the
course of justice.
0 It is a crime to;
0 threaten, intimidate, or retaliate against these
participants in a criminal or civil proceeding
0 Bribery – have an official to alter the outcome of a
judicial proceeding.
0 Perjury or Subordination of perjury
Laws of Arrest
0 Law enforcement officer may make an arrest
0 In the case of felony committed in officer’s presence
0 Not committed in presence, can if have probable cause
0 Misdemeanor arrest if committed in officer’s presence
0 If misdemeanor committed not in presence of officer, no arrest
can be made without a warrant
0 If no felony crime was committed, a police officer is protected
from civil and criminal liability
0 A private security person (or citizen not a police officer) may
arrest
0 In the case of a felony committed in front of the person
0 If not present an arrest can be made if the felony has probable
cause
0 Also can arrest for misdemeanor if committed in private citizen
or security officer’s presence
0 Have no authority to arrest if the misdemeanor was not
committed in their presence
0 They are not protected from criminal or civil liability due to false
imprisonment or false arrest
Use of Force
As a general rule, persons can use
whatever force is reasonably
necessary, including deadly force, to
protect themselves or an innocent
third party from serious bodily harm
or death. A person may use nondeadly force in the protection of
property.
Evidence
EVIDENCE CONSISTS OF TESTIMONY, WRITINGS,
MATERIAL OBJECTS, AND OTHER THINGS PRESENTED
TO THE SENSES TO PROVE THE EXISTENCE OR
NONEXISTENCE OF A FACT!
THE RULES OF EVIDENCE GOVERN THE
ADMISSIBILITY OF SUCH IN COURT.
PROOF IS THE ESTABLISHMENT BY EVIDENCE OF A
REQUISITE DEGREE OF BELIEF CONCERNING A FACT
IN THE MIND OF THE TRIER OF FACT (JURY) OR THE
COURT (JUDGE).
Types of Evidence
INCLUDE
0 Testimonial
0 Testimony given by witnesses, victim, or suspect
0 Documentary
0 Writings, any documented and tangible form of
communication
0 Real
0 Physical evidence, material objects, contraband
0 Demonstrative
0 Materials such as maps, models, charts, diagrams,
displays
Types of Evidence
0 Relevant
0 Evidence that has any tendency to prove or disprove a
disputed fact in a case, such as a motive, opportunity, capacity,
prior threats, possession of writings, or real evidence linking
to crime
0 Admissions and confessions
0 Admission is a statement by a suspect acknowledging some
fact of relevant evidence in the case
0 Confession is a statement by the suspect accepting full
responsibility for a crim
0 Hearsay
0 An out-of-court statement presented in court by someone
other than the original declarant
0 Consciousness of guilt
0 Conduct by the accused from which an interference of guilt or
adoptive admission can be drawn
Types of Evidence
Testimonial
0 Types of witnesses
0 Lay witness- an ordinary witness, includes police officers, can
only testify what they know as fact
0 Expert witness- one who possesses some special knowledge,
skill, experience, training, or education relevant to the facts
0 Subpoena- is a written order commanding the presence of
a witness in court for the purpose of giving testimony
0 Privileges
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Against self-incrimination
Husband-wife testimonial
Officer-informant
News shield privilege
Presentation of Evidence
0 Inference
0 A deduction of fact that can be logically and reasonably drawn
from a fact
0 Presumptions
0 An assumption of fact that the law requires to be made from
another fact
0 Direct evidence
0 Evidence that directly proves a fact without drawing inference
from other facts
0 Circumstantial evidence
0 Evidence that proves a fact through inference or logical
association with another fact
0 Judicial notice
0 Matters of common fact, general knowledge
0 Stipulation
0 An agreement between opposing parties that a fact can be offered
into evidence without adversarial argument
Search and Seizure
Search and seizure is a legal procedure used in many civil
law and common law legal systems whereby police or other
authorities and their agents, who suspect that a crime has
been committed, do a search of a person's property and
confiscate any relevant evidence to the crime.
0 Search – involves intrusion into an area where a person has a reasonable
expectation of privacy the purpose of which is to find evidence or contraband to
use in criminal prosecution
0 Seizure – occurs when a person’s freedom of movement is restricted or when
property is taken into custody, it involves a meaningful interference with a
person’s movement or property interest
Search and Seizure
0 Probable cause – “a reasonable belief “refers to facts or evidence
that would make a reasonable person believe that a crime or wrong
doing has been, is being, or will be committed.
0 Exclusionary rule - designed to exclude evidence obtained in
violation of a criminal defendant's Fourth Amendment rights. The Fourth
Amendment protects against unreasonable searches and seizures by law
enforcement personnel. If the search of a criminal suspect is unreasonable,
the evidence obtained in the search will be excluded from trial.
0 Plain view doctrine - is an exception to the warrant requirement
which allows officers to seize items which they observe and immediately
recognize as evidence or contraband while they are lawfully present in
an area protected by the 4th Amendment.
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REQUIREMENTS FOR SEIZURE OF EVIDENCE IN PLAIN VIEW:
Law enforcement authority to seize.
Law enforcement official must be in a place he/she has a right to be in.
Discovery of the evidence must be inadvertent.
It must be immediately apparent that what the official has discovered is
evidence.
Search and Seizure
0 Detention – is a temporary for investigation and questioning to
determine a person’s involvement, if any, in criminal activity.
0 Contact or Consensual Encounter - occurs when a police officer
approaches you and engages you in conversation, but you remain
free not to answer and to walk away. The encounter remains
consensual even if the officer asks you questions, or asks to examine
your identification or your belongings, as long as the officer does not
suggest that you must comply, thus restricting you freedom of
movement.
0 Frisk – “reasonable suspicion”, is a cursory pat-down of a legally
detained suspect for the purpose of discovering deadly or dangerous
weapons.
0 Search Warrant – Is an order issued by a judge and directed to a
peace officer that commands a search of a described location for
described evidence or contraband.
0 Automobile exception to the search warrant requirement - A lawful
search under the motor vehicle exception requires the existence of
probable cause to believe that the vehicle contains evidence or
contraband and that the searching officers have lawful access to the
vehicle.
Search and Seizure
0 Consent Search - are searches made by law enforcement
personnel based on the consent of the individual whose person or
property is being searched.
0 Constructive custody (Parolee) - custody of a person (as a
parolee) who is not under immediate physical control but whose
freedom is controlled or restrained by legal authority of the
Department of Corrections from which they were released.
0 Probation search - Search of person, vehicle, or residence
based on probation status, the purpose of a probation search is to
determine if the probationer is complying with the terms of
probation.
0 Administrative search - an inspection or search carried out
under a regulatory or statutory scheme esp. in public or commercial
premises and used to enforce compliance with regulations or laws
pertaining to health, safety, or security of the public (e.g. the TSA
agents at airports)
Miranda Admission
0 Miranda does apply in;
0 An adult suspect in custody
and a police officer desires to
interrogate to gain an
admission or confession
0 A minor when taken in custody
for a status offence, violating a
court order, escaping from
court ordered commitment.
* Minors must be advised per
Miranda contemporaneously
with custody regardless of an
officer’s initial intent to
interrogate.
0 Miranda does not apply in;
0 Contracts
0 Traffic stops
0 Detentions
0 Rescue Doctrine and public
safety exception
0 General on-scene questioning
0 Voluntary interview
0 Telephone calls
0 When a subject (suspect) is
being questioned by someone
other that a peace officer.
Miranda Admission
0 Elements of Miranda rights advisory only to criminal
cases and include the following;
0 The suspect can remain silent
0 Anything they say can and may be used against them in
a court of law
0 The suspect has the right to talk to a lawyer before or
during questioning.
0 If the suspect cannot afford an attorney, the court will
appoint one to represent them free of charge before any
questioning.
Miranda Admission
0 Miranda right to counsel and right to remain silent are
derived from the self-incrimination clause of the Fifth
Amendment. Therefore, for Miranda to apply, six factors
must be present:
0 Evidence must have been gathered.
0 The evidence must be testimonial.
0 The evidence must have been obtained while the suspect was
in custody.
0 The evidence must have been the product of interrogation.
0 The interrogation must have been conducted by state-agents.
0 The evidence must be offered by the state during a criminal
prosecution.
Chapter 3 Questions
1. What is the usual penalty for a felony? Misdemeanor?
2. If I am the driver in a get away car of a store robbery,
3.
4.
5.
6.
7.
what “parties to a crime” principal am I?
What defense can I use if I committed a crime because I
was threatened to be harmed if I did not?
Give an example of Obstruction of Justice.
What is the difference of first degree and second degree
murder charge?
Can a private security person or citizen make a felony
arrest?
What is the general rule of “use of force”?
Chapter 3 Questions
8.
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11.
12.
13.
14.
15.
What is the obligation to produce evidence sufficient to prove a
fact or set of facts?
What are some examples of demonstrative evidence?
If a defendant’s fingerprints are found at a crime scene, what
type of evidence can the prosecutor enter into the court?
What is one called if they are properly qualified to give
testimony in court?
What are some common rules concerning the introduction of
material objects into evidence?
Name two of the four testimonial privileges.
What Amendment allows reasonable searches?
When does an officer have to read a minor their Miranda
Rights?
Chapter 3 Answers
1. Felony can carry a penalty of 1 year or more in prison, a
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7.
misdemeanor can carry a penalty of up to a year in jail.
The principal in the second degree, because I was
constructively present at the crime scene.
Duress
Perjury, subordination of perjury, or bribery
I the case of first degree murder charges premeditation
has to be present.
Yes, only if the felony is committed in front of the private
security or citizen.
A person use whatever force is reasonably necessary,
including deadly force, to protect themselves or an
innocent third party from serious bodily harm or death.
Chapter 3 Answers
8.
9.
10.
11.
12.
13.
14.
15.
Burden of proof
Materials such as maps, models, charts, diagrams, displays, and
computer simulations
Circumstantial because it can be inferred that the defendant was
present even though there is no direct witness to the crime.
A competent witness
Authentication, chain of custody was followed, legal duty to collect
and preserve evidence
Privilege against self-incrimination, husband-wife testimonial
privilege, officer-informant privilege, and news shield privilege.
Fourth
Whenever they are taken into custody regardless of an officer’s
initial intent to interrogate.