CJ 110 Lecture Notes - Lecture 2: Mens Rea, Highway Patrol, Standard Operating Procedure
13 May 2018
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Chapter 4
➢ 7 basic requirements of a crime – Jerome Hall
o Legality= is there a law that makes it criminal; no crime without law making it
illegal
o Conduct (Act)= rational voluntary action; conscious interaction between mind and
body
o Harm= crime is not constituted/complete until harm is committed
o Causation= bringing about the harm – requires the actor to achieve the result;
prosecutor trying to draw ‘straight line’ between you and crime
o Mens Rea (Guilty Mind)= criminal intent – more than just intent but aware they
have no right to be doing it
o Concurrence= must be accompanied by guilty mind; concur with mens rea
o Punishment= illegal harmful act coupled with criminal intent does not constitute a
crime unless law subjects act to punishment
Conduct
Legality Concurrence Causation Harm Punishment
Mens Rea
Cathy Lyn Muscatella Cooks Crazy Hot Potatoes
➢ Criminal defenses – excuses vs. justifications
o Excuses= defense claims necessary mens rea and/or voluntary act are missing
(insanity, duress, infancy)
o Justifications= defenses in which the law authorizes the violation of another
within limits of proportionality (public duty, self-defense)
o Self-defense & defense of others= justification of deadly force requires an
objectively reasonable belief that an imminent threat exists
▪ PA’s Castle Doctorine= ‘stand-your-ground’ state
o Insanity Defense= lack mental capacity to realize that they committed a wrong or
know why it was wrong – some states: understood behavior but unable to control
it
▪ Test used in PA= M’Naghten Rules: at time did not know nature or
wrongfulness of act
▪ Temporary insanity= was insane – is now sane
▪ Guilty but mentally ill= not ill enough for acquittal – not well enough to
be fully accountable
➢ Arithmetic of crime (be able to differentiate)
o Criminal attempts= act constituting a substantial step forward in course of
conduct planned to commit a crime
o Accessoryship= criminal liability for all those who aid perpetrator (accomplices)
o Conspiracy= agreement to commit a crime, making each guilty of conspiracy and
all crimes committed in furtherance
find more resources at oneclass.com
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Document Summary
Robert peel peelian principles = the police are the public and the public is the. International association of chiefs of police (iacp)= first professional association in law enforcement spearheaded movement for reform. August vollmer= emphasized professionalism", devised set of entrance tests, developed. Wilson= police should be crime fighters, pushed for technological advances (cars) first police academy. Division of labor: operation bureau= responsible for primary law enforcement line functions", service bureau= provide technical services to assist execution of line functions, administration bureau= management of department, internal affairs= receive/investigate charges against police. 8-hour shift rotating schedule = police on call 24 hours, 3-8 hour shifts rotating schedule. Standard operating procedure (sop) manuals= help control discretion (i. e. use of deadly force, high speed chases) State police= highway patrol, criminal investigation, assist local police. County police= criminal investigation, traffic enforcement, court security, maintain jails. Municipal police= of total police force, special and private.
