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CRJU 313 (3)
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Lecture 1

CRJU 313 Lecture 1: CRJU 313 - Exam 1

48 Pages
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Department
Criminology and Criminal Justice
Course Code
CRJU 313
Professor
Leasure

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Description
Chapter 1 15:56 What is a general court supposed to do? Handle legal issues There are two kinds of courts: Civil Between two private parties Person v. person Law suits Money Criminal Crime against society State v. person Hand out punishments They are given direction for this by the legislature Judges use their own discretion Judges make law by interpreting statues The definitional section will never have everything There will always be gaps within the law A legislature can not foresee everything that could possibly happen Appellate courts - oversight Hear cases for appeals Correct the mistakes of the lower courts They may also have authority over specific departments Laws can be overturned because they were misinterpreted of because the times have changed Ex. Plessey vs. Ferguson Segregation There is precedent If a higher court makes a ruling in a certain jurisdiction, then every other lower court in that jurisdiction must follow it Staredecisis – let the decision stand If the Supreme Court decides, then everyone must follow that decision What must be followed: Rational (holding) – what must be followed Dicta – doesn’t have to be followed (legal opinion) Two court systems in the world: Common Law System We follow precedent Creates predictability Use the adversarial process This side vs. that side The judge is a referee and the jury makes the decision Problems with a jury: People on a jury are generally not educated in law Civil Law System (Code System) They can rule on each case as it comes along They don’t have to follow precedent While they don’t have to, they tend to Judges in a civil law system are more like civil servants They try to pass laws that are extremely comprehensive – finding all of the errors They don’t want judges to make law Use the inquisitorial process They don’t use juries The judge is more of a prosecutor, asking questions of everyone to get the information he knows Just trying to get at the truth Packers Models: Crime Control Model vs. Due Process Model Crime control: The courts are there to put bad people away Max out sentences and get convictions quickly Believes that it is okay to convict a few innocent people, because overall the outcome is worth it Due process: Protects the rights of the defendants Right to a lawyer, trial on time, etc. Key ideas (08/24/15): Precedent Jurisdictional qualities of precedent Staredecisis Civil law vs. Common law Overall functions of courts Dealing with cases Lower level Carrying out criminal trials Oversight Upper level appellate courts Making sure judges made the right decision or overseeing an agencies decision Chapter 2 – Where Does Law Come From? 15:56 Sources of law Chapter 2 – Where Does Law Come From? 15:56 Judges Judges can make law through their discretion Legislatures Limitations that legislatures have Cannot abridge constitutional rights Determined by judicial review Judicial review Marbury v. Madison When the supreme court barely had any power This is the first case when the supreme court established judicial review and established that they have the final say in whether or not a law violates the constitution Executives Executive orders Executives President Governors Ex. Obama saying not to prosecute marijuana cases Administrative agencies Administrative agencies FDA Department of transportation Homeland security Individual rights protections (within the constitution) Examples: Chapter 2 – Where Does Law Come From? 15:56 Freedom of speech (1 ) st nd Right to bear arms (2 ) th Unreasonable search and seizure (4 ) No self incrimination (5 )h Right to a speedy trial, attorney (6 )h 3 specifically enumerated (listed) individual rights in the constitution Habeas corpus Law enforcement has to tell you why you are being arrested Ex post facto laws You can’t prosecute for crimes that were committed before the act was illegal Bills of attainder You cannot be prosecuted without a trial Madisonian Compromise Wanted for state protection From the federal government Resulted in courts of general jurisdiction Bill of rights: protections against the federal government (oppression from England) 1 – Freedom of speech, press, religion Religion Two parts 1 – Establishment clause No state religion The government is not supposed to endorse one religion over another 2 – Free exercise clause Chapter 2 – Where Does Law Come From? 15:56 Right to worship without fear of prosecution Limitations No animal sacrifice No killing for religion Prison restrictions Native Americans not being allowed to have peyote in prison Speech Extends beyond verbal speech Also about actions/dress/symbolism Limitations Fighting words (constitutional term) Speech that is likely to provoke a violent outcome You can’t yell bomb in an airport Commercial speech can be regulated more Lyrics, commercials, tv Federal Communications Commission Parental advisory, movie ratings 2 – Right to bear arms 3 – No quartering of soldiers 4 – Unreasonable search and seizure (read book) Privacy rights Warrant requirement Law enforcement is not allowed to search you without a warrant But there are so many exceptions to these Chapter 2 – Where Does Law Come From? 15:56 Probable cause Required to get a warrant It is difficult to define probable cause 50/50 evidence Particularity requirement You are supposed to say exactly what you are trying to search Only applies to government conduct C.I.’s create problems with this 5 – No self incrimination, protection against double jeopardy, person must be indicted by a grand jury, due process clause Self incrimination (speech) You don’t have to talk to the police (Miranda rights) You don’t have to admit to a crime You don’t have to testify against yourself in court Miranda v. Arizona Took self incrimination rights beyond the court room Created a law that states that you had to be advised of your rights when arrested Does not apply to: (because they can make you do these things) DUI breathalyzers Blood sample (DNA) Line up Fingerprints Double jeopardy Once you have been tried for a crime, you can’t be tried for the same crime again Applies in a few different circumstances: Chapter 2 – Where Does Law Come From? 15:56 1. You cannot try someone for the same crime that they have been acquitted of 2. You cannot try someone for the same crime after they have been convicted 3. You cannot punish someone twice for the same crime Mistrial Made a mistake Ex. Introduced evidence that was not allowed by the judge Double jeopardy does not apply Hung jury The jury cannot decide either way Happens most often when jurisdictions require a unanimous decision Double jeopardy does not apply Caveats Dual sovereignty doctrine If you live in Ohio but go to Indiana to buy pot and then drive home you can receive a federal charge and a state charge Indicted (accused) by a grand jury (Only applies to federal charges, not state) Grand jury – federal courts While federal courts require this, state courts don’t (but many do anyways) States that don’t use an indictment, use an information (piece of paper stating charge) Indictment – formal charge Low standard, around probable cause The jury determines that there is a possible charge Due process Life, liberty, property Life – due process must occur to give the death penalty Chapter 2 – Where Does Law Come From? 15:56 Liberty – due process must occur to put someone in jail Property – due process must occur to take someone’s property Different in every jurisdiction, but there needs to be someone outline for due process Taking’s clause You can take things away, but there must be due process and there must be just compensation 6 – Right to a speedy trial, right to an attorney, right to a public trial, right to an impartial jury Right to a public trial Juvenile proceedings There are closed trials currently Trying to reduce exposure Right to a speedy trial There cannot be unnecessary delay Many state jurisdictions have given time limits Right to an attorney Attorneys are not always required Required: Within criminal offenses with the possibility of facing jail time Not given a lawyer until the critical stage: Arraignment Affective assistance of council How this is determined: Standard of care If you can show that a reasonable lawyer would have done something different, then you can file for negligence If lawyer is found ineffective, then another trial will occur Chapter 2 – Where Does Law Come From? 15:56 Can also lead to a malpractice suit Collateral consequences: Deportation (have to tell them), not being able to vote, losing pension, not being allowed to own a gun, having trouble finding a job/buying a house Ineffective assistance claims are the most commonly submitted, but also very commonly denied Right to an impartial jury The jury is supposed to be fair The jury needs to be unbiased They don’t want you to have already formed an opinion Your attorney can request to remove a juror if they don’t think that they will be fair Jury of your peers A juror from California is not going to sit for a trial with a defendant in/from Minnesota 7 – Right to a jury law trial in a civil law case in a federal court Has not been applied to the states 8 – Cruel and unusual punishment, excessive bail Cruel and unusual punishment Death penalty cases st Only applies to those who have committed 1 degree murder (capital murder) Some states are beginning to outlaw this Is it okay to execute a mentally disabled person? No Prison rights Medical treatment, room is too small, food is inedible 2012 Boston case Man who was in prison for life for killing his wife Chapter 2 – Where Does Law Come From? 15:56 After 10ish years, he decided to begin identifying as a woman Requested reassignment surgery Was granted it by the Judge Pinned the judge into his decision Had to give the man what he needed to make him psychologically healthy Created an issue about whether or not to move him to a women’s prison after the surgery If they were to just put him into solitary, then he could sue for that But he could also sue them for leaving him is gen pop because of the danger that would put him in Evolving standards of decency How to tell if something is cruel and unusual How to define it Totality of circumstances test What is looked at Ex. Electric chair No longer used Excessive bail You cannot impose excessive bail Bail - the amount of money you pay the court in order to be freed until your court dates You get the money back when you show up to court The trial is usually a long way away The presumption is release after arrest Owned recognizance The presumption is not to set bail Factors to consider that add a dollar amount Chapter 2 – Where Does Law Come From? 15:56 Flight risk (amount) Bail is supported to make sure that they come back to court Threat to a certain individual/community (if there will even be bail) The prosecutor can request that there be no bail opportunity based on this 9 – You have more rights than just those listed in the bill of rights The grey area The constitution is not exhaustive on your rights Main example Right to privacy 10 – States can make their own laws As long as it doesn’t violate the constitution The constitution is the floor The least that they have to do They can give you more rights Reconstruction amendment: taking back some power from the states (limiting) 13 – Formally abolished slavery 14 – Due process clause, equal protection clause Equal protection No suspect classes You can’t make a law that applies to only one race, gender, group Exception: age (for public interest) Examples: Voting Alcohol Chapter 2 – Where Does Law Come From? 15:56 Curfew Truancy Test to pass these laws: 1. Has to be for the benefit/health of that class 2. Have to make sure there is no history of discrimination with this type of law for that particular group Extremely rare with minor 3 standards for reviewing a law that has to do with the constitution: 1. Strict scrutiny What you use when you are trying to pass a law that will limit a certain groups fundamental (constitutional) rights Fundamental right – anything within the bill of rights Race is always a suspect class Applied with the suspect classes (race) Require the strict scrutiny test Test: 1. Has to have a compelling government interest which justifies restricting the fundamental right Health/welfare 2. The law has to be narrowly tailored Has to be specific (these laws cannot be fluffy) Has to be direct and clear with its language 2. Intermediate scrutiny Apply when trying to pass a law within quasi suspect classes Gender, age, sexual orientation Test: 1. Has to be substantially related to a governmental purpose Lower burden The government has to show that the law is substantially related to an important government interest 3. Rational basis test Deals with passing a law that does not have to deal with a suspect class or a fundamental right Test: 1. The government just has to show that there is a rational basis for passing the law Examples: everyday laws – speeding, voter registration, licensing 16 – African Americans gain the right to vote Chapter 3 – Criminal Law 101 15:56 There is criminal law v. civil law Chapter 3 – Criminal Law 101 15:56 There is also public law v. private law Public Having to do with the general public Private Having to do with personal matter Ex. Estates Standards (burdens of proof) 1. Beyond a reasonable doubt (highest level) (99%) Has to be shown by the prosecution or state 2. Clear and convincing evidence (75%) 3. Preponderance (41/59) More likely than not Civil, most of the time 4. Probable cause Warrant requirement 5. Reasonable suspicion (lowest level) More of a criminal procedure Limitations of criminal law Habeas corpus You have to be told why you are being arrested Ex post facto Void for vagueness Statutory interpretation Chapter 3 – Criminal Law 101 15:56 The law becomes void if it isn’t descriptive enough Most of the time they will just fix it themselves though Elemental overview Base components of crime 1. Act (actus reus) You have to commit an act for it to be a crime Components: 1. Voluntary movement Stealing, murder, assault You have to do it yourself, not be made to do it 2. Omitting to do something that you were supposed to do Child support, taxes 3. Possessing something Having a stolen item, drugs, illegal weapons, illegal items 2. Intent (mens rea) Mental intent Varying degree of liability Car example Driving and hit someone, they die, you aren’t charged Texting and driving and hit someone, they die, you may be charged, but not completely Driving and purposely hit someone, they die, you are completely charged Components: 1. Purposeful State of mind where you want to commit the crime/hurt someone Chapter 3 – Criminal Law 101 15:56 2. Knowing State of mind where you don’t exactly have the will to commit the crime/hurt someone, but you don’t do anything to stop it Very common in possession cases 3. Recklessly State of mind where you don’t want to commit the crime/hurt someone, but your acts will most likely cause this to happen 4. Negligibly State of mind where you don’t want to commit the crime/hurt someone, but you are being careless, so it is possible Based on an objective standard Compared to what a reasonable person would do Doctrine of transferred intent Ex. If someone is trying to shoot you but they miss and hit someone else They can still be charged with a crime because the intent it transferred Concurrence Both of these things need to occur at the same time Causation Make sure the act did the actual harm The legal (proximate) cause You can’t be criminally charged for something that is not reasonably foreseeable Ex. You can’t be charged for murder if you shoot a gun that knocks down a tree that makes a boulder roll down a hill and kills someone It isn’t reasonably foreseeable 3. Harm Instances where intent is not needed Strict liability (guilty no matter what) Speeding Chapter 3 – Criminal Law 101 15:56 Statutory rape Vicarious liability Criminal example: If you are the owner of a corporation, and one of your employees commits fraud for the corporation, then you can be held accountable Civil example: If you 13 year old child burns down someone’s house, you will have to pay for it Incomplete crimes Inchoate crimes (attempted) Someone shouldn’t be let off the hook just because they failed to commit a crime You can’t be convicted for just having ideas 1. Specific intent We have to show that they had the intent to commit a crime Factually specific Different in every single circumstance Ex. If we think that someone was going to rob a store, and we find a gun or a mask in their car 2. Substantial step Have to show that the suspected person took a step toward doing the crime Factually specific Different in every circumstance Ex. Walking into a bank with a gun, but leaving before you did anything Solicitation Trying to get someone to do something criminal for you Ex. Asking someone to kill someone for you There has to be a level of seriousness, but the simple asking is the crime Conspiracy 1. Between two or more people Chapter 3 – Criminal Law 101 15:56 There has to be more than one person 2. Agreement to commit a crime Agreeing to commit the crime is the crime itself 3. Show that there was some step to committing the crime Accomplice liability Usually now, they are all grouped together as accomplices and sometimes those less involved may get a lesser sentence But that is completely up to the judge Varying levels of people who participate in a crime 1. Principle in the first degree Person actually present, committing the specific act Ex. Bank robbery Person holding the gun up 2. Principle in the second degree Person present, there to help, but not actually committing the act Ex. Bank robbery Person standing at the door or the getaway driver 3. Accessory before the act Anyone that helps the criminals before they commit the crime 4. Accessory after the fact Anyone that harbors a fugitive or helps get rid of evidence after a crime Defenses 1. Affirmative defense (complete) No criminal liability whatsoever, if it can be proven The burden to prove affirmative defense can shift to the defendant Chapter 3 – Criminal Law 101 15:56 Jurisdictionally specific When the defendant has to: Preponderance or clear and convincing evidence 2. Justifications You did it, but what you did is being excused Excepted by society, so not punished 1. Self defense The threat has to be immediate You have to reasonably believe that something is going to happen then and there The threat has to be reasonable It has to be subject to an objective standard Ex. You can’t punch someone because they say that they are going to touch you with a feather The response has to be proportional to the threat (balance) Ex. If someone says they are going to punch you, you can’t shoot them 2. Retreat doctrine In most circumstances, if you can retreat, then you are supposed to do that, before resorting to hurt the person 3. Castle doctrine Stand your ground laws Ex. If someone enters your home, you cant shoot them No duty to retreat within your own home Only recognized in certain jurisdictions 4. Consent Generally talking about sexual crimes 3. Excuse Chapter 3 – Criminal Law 101 15:56 You did it, but because of the circumstances, you wont be punished Not accepted by society, but still not punished 4. Duress When someone is “making” you commit the crime Ex. Telling someone that if they don’t help you rob a bank, you will shoot them Does not apply when someone tells you to kill someone else Your life is not legally considered more important than someone else’s 1. Reasonable belief 2. Imminent harm Ex. If you don’t go rob that bank I will kill your family next week You have time to tell the police/get your family out of the way 5. Intoxication Voluntary intoxication Not a complete defense Ex. When you voluntarily get drunk, you can’t completely get out of the crime Involuntary intoxication Can be a complete defense Ex. When someone gives you a drug or substance that you don’t know about and you commit a crime 6. Insanity Expert testimony is the key to insanity defenses Not recognized by all jurisdictions/states But the evidence can still be used to negate intent M’naghten Rule Complete defense Chapter 3 – Criminal Law 101 15:56 The defendant wont be charged for a crime if the defendant can show that: 1. They did not know what they were doing OR 2. If they did not know that it was wrong Studies actually show that when you use the insanity defense, you’re more likely to spend more time in the institution than you would have in jail Irresistible impulse Test: They still would have done it even if they were standing next to a cop Because of a condition Durum Rule (Product Rule) The defendant will not be help accountable if they can show that their actions were the product of a mental defect Substantial capacity Test The def
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