CJUS/POLS 102
Chapter 7: Criminal Law

1.
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

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

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

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

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

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
2.
Theories of criminal law / punishment

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

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

Law e. Restoration
- victim-oriented approach
- victim compensation (restitution)
- constructive roles for victims
3.
Elements of a crime
- corpus delicti ( body of the crime ) a. Certain elements must exist
(1) Wrongful act (actus reus)

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

4.
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

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

5.
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

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

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

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

b. Solicitation
- RCW 9A.28.030
Law
(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

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

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

Law
- “ substantial step
”
- taken by one of conspirators
(e) Mental intent
- difficult to prove
7.
Doctrine of Complicity
- to aid and abet a. Parties to a crime
- conditions where more than one person

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

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

c. Principles of liability
Law
- 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

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

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

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

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”

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

Law
(3) Complicity following a crime
- other person commits
- accessory knew
- actually aided to hinder prosecution
8.
Search and Seizure
- when are police allowed
- motor vehicle: probable cause
- stop and frisk: reasonable suspicion a. Hot pursuit

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

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

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”

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

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

Law i. Banks
(1) Bank Secrecy Act
- supply information without warrant j. Probation / parole
(1) Condition of
- waive right to search / seizure
9.
Types of crimes

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

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

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

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

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:

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

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

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

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

10.
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

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

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

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
11.
Executive privilege
- formal act of mercy
- initiated by president / governor

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