Professional Documents
Culture Documents
Chapter One
Criminal Law -
Prosecutor(Government Body) - Charged with bringing forth allegation
Punishment Purposes
Retribution
Vengeance
Deterrents - Specific and General
Rehabilitation (Treatment/Programming)
Incarceration - For Serious Offenses
Incapacitation -
Execution/Capital Punishment
Classify crimes as felonies or misdemeanors or minor violations/infractions
Possession
Actual - on or near person
Constructive - you have both power and intention to obtain at later time
Crime
Unlawful actions- crime of commission vs. crime of omission (failure to do
something)
Conversion - an illegal assumption of possession of an item permanently
Lost property is different than conversion, you are attempting to locate it
Legally must attempt to locate owner.
Abandonment - the intention to abandon and an action to abandon
Time or non-use is not an essential element
Circumstance - Any fact or event or situation indicating that something has happened
Attendant - those facts(evidence - factual information) surrounding the case at
hand, the particulars
Aggravating - Makes the circumstances worse
Mitigating - Tends to decrease the severity of the crime (mental, medical
conditions etc)
Exigent - Special Circumstances
Elements of Crime
Actus Reus - Guilty/unlawful act or Failure to act with legal duty
Mens Reus - Criminal Intent/Guilty Mind/Criminal State of Mind/Level of
Culpability
Causation - Result of unlawfulness
Concurrence - Combining of Mens Reus and Causation
Credibility - Truthfulness/Believability
If you lie in a case, you commit perjury - you damage your credibility
Voir Dire - Selection of Jury Process through a series of questions and answers
Quantums/Standards/Levels of Proof -
No Information At All - Not Used
Suspicion
Probable Cause - Supported by something Factual
Substantially Supported by Evidence - Only used in Administrative Law
Preponderance of Evidence - More likely than not -- Used in Civil Cases
Clear and Convincing Evidence - Used in Criminal Fraud/Civil Conspiracy
Indicates we have a firm believe/ strong facts and evidence
Proof Beyond A Reasonable Doubt - Used in Criminal Cases
Absolute Certainty - Not Used
Complicity
Conviction
Prove Guilt
Admit Guilt - Plea bargins do not show what true crime was, only what they are
charged with. Admitting to a lesser crime.
Who
What
When
Where
How
After examining all of the above you may examine the why
Motive is the why of a crime
Motive is not the same thing as criminal intent
Motive is cause or reasoning related to crime
Motive is important when determining punishment
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Lack Criminal Intent - The defendant did not have criminal intent, they did
not intend to commit the crime
Law enforcement entrapment - set up
Outrageous government conduct - extreme
entrapment
Justification - Defendant admits to crime but claims it was necessary
Affirmative Defense - The defense side in a criminal case presents new facts,
which if true impact on the criminal charge
Insanity - Unsoundness of mind based on mental disease or
defect
Insanity can be raised at different times
At time of arrest
At time of trial
During incarceration
Prior to execution
Insanity is a two phase/bifurcated -
Sound mind or not - legal determination
May be examined/cross examined
by prosecutor and defense
If determined to be sane then stand trial
Diminished Capacity - Temporary Insanity - Ability to form
Mens rea
You are admitting to it, but your saying for that
period you should not be held accountable
Competency - Ability to understand
Insanity Tests - Varies throughout country
MNagten Test - Test of right or wrong
Did they know what they were doing was
criminal
Irresistible Impulse - you can not control your
impulses
Durham Rule/Product Test - clear you are suffering
from a disease
Substantial Capacity - You can appreciate the
wrongfulness of your conduct/actions
Used in Missouri
Duress
Self Defense
Castle Doctrine - If an attack in your personal dwelling
threatens human life, Necessary amount of force
needed to protect from attack against you.
Battered Person Syndrome
Automatism
Involuntary Intoxication
Syndromes
Premenstrual
Shell Shock
PTSD
Gulf War Syndrome
Iraqi Syndrome
Vietnam Syndrome
Necessity Defense - To avoid a greater crime, you committed this
crime, the right thing to do under the circumstance, the
benefits of the actions out weigh the crime
Justifiable Act
Defense of someone else
Excuse - some situation existed and they should be excused.
Lack of Criminal Intent
Outrageous Government Conduct
Entrapment
Contributory Negligence -
Defenses
Types of Evidence
Circumstantial - connects suspect and crime
Direct - Eye witness, personal knowledge
Documentary
Exculpatory
Expert - Information provided that no one else can provide
Fabricated - False,
Foundational - Allows for testimony, admissibility
Forensic - Technical, having to do with chemistry
Hearsay - Exceptions to testimonies, example - dying declaration
Material or Physical - objects
Medical - type of expert testimony
Privileged - in exchange for testimony we provide something
Tainted - tampered with
Manslaughter
Voluntary
Involuntary
Robbery - The unlawful taking of property of another from them or in their presence,
intending to deprive them permanently
Composed of Theft and Assault
Use of force to commit
Types of Robbery
Ambush - Spontaneous
Has a high risk of violence
Selective Raid - Planning involved
Not as high risk as ambush
Planned Operation - Every aspect has been thought out
Lowest level of risk
Home Invasions
Carjacking
Rape - Key element of consent or lack there of, Gender Neutral Crime
Forcible
Statutory - Dealing with the age of a victim
First Degree Statutory Rape - Under the age of 14
Second Degree Statutory Rape - Perp is 21 or older, victim is under 17
Sexual Assault
Sexual Misconduct
In over half of rape situations the victim and perpetrator have met before
Marital Rape -
Exoneration - A correction of a conviction
Assault/Battery
Assault is a threat
Battery is a physical blow - Battery is outdated
Assault
Aggravated - using an item used as a weapon
Simple Assault - can be as light as offensive touching
Domestic Violence
Reckless Assault
Elder Abuse
Chapters 6,7
Criminal Homicide
Robbery
Rape
Assault
Terrorism
A threat or use of violence to gain a goal, causes fear
Rape, Kidnapping, Mass Murder, Assault can fit under terrorism
Terrorism Involves
Use of threat or violent act for political purposes
Create a state of fear
Motivated violence for personal gain
Planned
Community Manipulation
Instill fear
Categories of Terrorism
Political - Generation of fear for political purposes
Civil Disobedience - Concerted violent act that interfere with normal functions of
community
Non political terrorism - Individual or group directed
Quasi terrorism - Purpose other than producing fear, but furthers a goal ie
hostage taking
Limited Political Terrorism - Actions are part of an effort to capture government
control
True Terrorism
Suicide Bombings are the worst form of terrorism
Deadly
Massive amounts of fear
Sentencing
Execution/Death Penalty
Form of execution
Mentally Ill
Juvenile
Sexual Predators
Megans Laws - Registration of Sex Offenders
Abduction
Sex Offenders are repeat offenders