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Criminal Law – Test 1 Notes – Chapter 1 25/08/
← Chapter 1 – Criminal Law and Criminal Punishment What do you know about criminal law? o How did you learn what you know? Personal experience Media News Movies Books (please say you are all John Grisham fans, if not you must leave) Limits of Criminal Law o Our criminal law may be broad, but it’s limited Why are they limited? o Because of the ways they are created and by whom: 1 st: Democracy: Criminal Law must have two elements: Definition of offense Punishment for the offense 2 nd: U.S. and State Constitutions: We are a constitutional democracy I.E., Just because you are the majority, doesn’t mean you can do whatever you want o Due Process
o Equal Protection o Individual Rights and Liberties 3 rd: Principles of Criminal Liability: This includes 3 elements that must be proven: Acts reus o Guilty act Mens rea o Guilty mind Concurrence o Happen at the same time (come together) 4 th: Defenses to Crime: Includes 3 types: Justifications o Okay to break the law Excuses o I.E., Insanity plea Alibis o “It wasn’t me” 5 th: There are limits to punishments as well Cruel and unusual 8 th^ Amendment
Rehabilitation Incapacitation Classifying and Grading Crimes o General Part of Criminal Law (procedural) Apply to all crimes Constitutional safe guards for example o Special part of Criminal Law (substantive) The elements of a crime Murder for ex Grading Schemes o Capital Felony In Indiana, Capital Murder If you see capital, you can be executed o Felony A Felony The worst felony B Felony C Felony D Felony o Misdemeanor A Misdemeanor
The worse misdemeanor B Misdemeanor C Misdemeanor o Infraction Traffic Wrongs Mala in Se and Mala Prohibita (still grading schemes) o Mala in Se Crimes of moral turpitude Things that do not need laws: Murder Child Abuse Rape o Mala prohibitia Crimes without moral turpitude We make laws against it: Gambling Prostitution Alcohol Consumption Grading Accord to Subject o Highest Crimes against the state
Huffing Variance o In Missouri, you are in adult legal jurisdiction at 16 In Indiana, it is 18 Variance Sources of Criminal Law o 1. Common Law In England, it was the unwritten rules This is judge made law English colonists brought here When the colonists created legislatures then the law became more “codified” adding to common law Having the law in actual books o 2. Criminal Codes There was push to get away from common law practice and create “codified laws” List the elements of the offense And it’s punishment o Common-Law Crimes and Criminal Law Today Interestingly enough there are still states that have common law jurisdictions Buggery Eavesdropping Discharging a gun near a sick person
Being a common scold There’s no state “statute” defining or listing punishment o 3. Municipal Ordinances Can’t create felonies Therefore, can not impose sanctions of more than one year o 4. Administrative Agency Crimes A.K.A Administrative regulations IRS and taxes Dual Court System Hierarchy (page 33) o Federal Courts: U.S. Supreme Court United States Court of Appeals United States District Courts United State Magistrates o State Courts State Supreme Courts State Intermediate Appellate Courts State Trial Courts Court of General Jurisdiction State Lower Criminal Courts Court of Limited Jurisdiction
Criminal Law – Test 1 Notes – Chapter 2 25/08/
← Chapter 2 – Constitutional Limits on Criminal Law
Introduction o Difference between Constitutional Democracy & Pure Democracy: The majority can’t just do whatever they want Why? The majority can do whatever they want The Rule of Law o Again, something is not illegal unless there is a definition of a crime and a spelled out punishment for that crime o This becomes difficult because the law should reflect the will of the people Challengers to the law must prove unconstitutional vs. constitutionality Beyond reasonable doubt Ex Post Facto Laws o Bottom line: Can’t go retro Can’t go back o Two major goals: To give fair warning To prevent arbitrary action by government officials Void-For-Vagueness Doctrine o Reasonable A defendant can’t say that they didn’t understand
o Does not end with only spoken or written word: Expressive conduct Would flag burning fit here? o Freedom of speech is a fundamental right Restrictions to Freedom of Speech o Obscenity Nudity Sex o Profanity o Libel and Slander Libel is written Slander is verbal Telling a lie about someone and then it has to cause loss o Fighting words Breach of peace o Clear and present danger o However we have the concept of Void-for-over breadth doctrine Including expression the constitution protects but also expression it bans It cancels it out This is the Hate Speech (crime) controversy It is also based on the concept of “Chilling Effect”
Barnes v. Glen Theater, Inc. et al o Is “Nude Dancing” Expressive Speech? o Pg. 51 Texas v. Johnson o Is Flag Burning Expressive Conduct? Right to Privacy o You will not find the word “privacy” in the constitution o However, there has been long held interpretations that are amendments that refer to the right to privacy without saying so o Contention: As long as in the home, and not a serious felony, the court has no bearing Sodomy laws and a recent reversal in 2003 What about domestic battery? Only a Class A misdemeanor; it’s a D Felony if second time. Cruel and Unusual Punishment o 8 th^ Amendment o There are two types: Barbaric punishments Hanging to… The electric chair to… Lethal injection Those that go against the Principle of Proportionality Kennedy v. Louisiana o Is the Death Penalty for Child Rape Cruel and Unusual o Pg. 61
The Elements of Criminal Liability o 2 types of crime: 1 st^ type of crime: Crimes of Criminal Conduct They consist of 3 elements: o Actus Reus o Mens Rea o Concurrence Example: Burglary It is complete even if you don’t take what you intended 2 nd^ type of crime: Crimes of criminal conduct causing harm Consists of 5 elements: o Actus Reus o Mens Rea o Concurrence o Causation o Resulting in harm OWI causing death Actus Reus: The First Principle of Liability
o Bare with me: Actus reus + mens rea + principle of concurrence + principle of causation + principle of harmful result = an offense OWI OWI causing serious bodily injury OWI causing death (reckless homicide) Requirement of a Voluntary Act o Actus Reus: 2 requirements: Bodily movements Free will The reasoning: Criminal law punishes people We can only punish people we can blame We can only blame people who are responsible for their actions People are only responsible for voluntary actions King v. Cogdon o “Was Killing Her Daughter a Voluntary Act?” o Pg. 88 People v. Decina o “Were His Acts Committed During an Epileptic Seizure Voluntary?” o Pg. 88
Failure to Report Failure to Intervene Only can be enforced if had a legal duty to do as such, not moral duty Statuses Contracts Special relationships o Two approaches to defining Legal Duty : “Good Samaritan” Doctrine”: “Imposes a legal duty to render or summon aid for imperiled strangers.” “American Bystander Rule”: Example from text: Even if an Olympic swimmer stands by and watches a child drowned, not liable People v. Oliver o “Did She Have a Special Relationship with the Man in Her House? Pg. 95 State v. Miranda o “Did He Have a Legal Duty to His Girlfriend’s Baby?” Pg. 96 Possession as an Act o Two aspects of possession: I.E., Control of items and substances Awareness of the control o Two types of possession: Actual possession Constructive possession It’s in my car, not on my person o Let’s go back to the “awareness aspect” Knowing possession (majority require) Mere possession (only 2 allow) You were wearing your roommates jacket and there is marijuana in the pocket. Porter v. State o “Did He Possess a Loaded Ruger .357 Revolver?” Pg. 99
