Understanding the Understanding the Criminal Justice SystemCriminal Justice System

CJUS 101CJUS 101

Chapter 1: Crime and the Chapter 1: Crime and the Nature of LawNature of Law

CrimeCrime

1.1. What is crimeWhat is crime??- different to different people- different to different people

a. a. Society / system give namesSociety / system give names - street crime / white collar crime / blue- street crime / white collar crime / blue collar crime / organized crimecollar crime / organized crime - victimless crime / drug induced crime - victimless crime / drug induced crime

// hate crime / personal crime / propertyhate crime / personal crime / property crimecrime

b. b. Any violation of a written criminal lawAny violation of a written criminal law

CrimeCrime- must be written- must be written- carry a penalty- carry a penalty

(1) (1) City / county ordinancesCity / county ordinances- cannot oppose state law- cannot oppose state law

(2) (2) State lawState law- cannot oppose federal law- cannot oppose federal law

c. c. Natural lawNatural law- origin of crime today- origin of crime today

CrimeCrime(1) (1) Determines right from wrongDetermines right from wrong

- higher laws- higher laws- rational beings should - rational beings should

understandunderstand

(a) Interpretation of natural law(a) Interpretation of natural law- varies as to society / culture- varies as to society / culture

(b) Inquisition / rustling (b) Inquisition / rustling

(2) (2) Belief in natural lawBelief in natural law- body of power determines- body of power determines

CrimeCrime- power made valid by nature- power made valid by nature- no acceptable definition- no acceptable definition- unable to decide “- unable to decide “naturalnatural” ”

crimescrimes

d. d. What makes a person’s actions a crimeWhat makes a person’s actions a crime??- how do we make criminal law- how do we make criminal law

(1) (D. Frost) “(1) (D. Frost) “A broad definition of A broad definition of crime in crime in

England is that it is any lower-classEngland is that it is any lower-class activity which is displeasing to the activity which is displeasing to the

upper-class.” upper-class.”

CrimeCrime(a) Displeasing / deviant to society(a) Displeasing / deviant to society

- drunk in public / disorderly / - drunk in public / disorderly / etc.etc.

(b) Satisfy middle / upper-classes(b) Satisfy middle / upper-classes

(2) (2) Sociology of devianceSociology of deviance- dangerous / embarrassing / - dangerous / embarrassing /

irritating irritating

(a) Labeling process(a) Labeling process

(b) Associates ‘(b) Associates ‘deviant behaviordeviant behavior’’

CrimeCrime(c) Behavior people label(c) Behavior people label

- clothing / tattoos / - clothing / tattoos / hairstylehairstyle

(3) (3) ProhibitionProhibition (1919) (1919)- 18- 18thth Amendment Amendment

(4) (4) AbortionAbortion (1992) (1992)- - Roe vs. WadeRoe vs. Wade- killing fetus vs. women’s rights- killing fetus vs. women’s rights

(5) (5) Divided the countryDivided the country

CrimeCrime2.2. CrimeCrime

- legal definition- legal definition

- Latin- Latin

- judgment / accusation / offense- judgment / accusation / offense

a. a. Definition usedDefinition used::

““Intentional act or omission in violationIntentional act or omission in violation

of criminal law committed withoutof criminal law committed without

defense or justification, and defense or justification, and sanctionedsanctioned

by the state as a by the state as a felony/misdemeanorfelony/misdemeanor.”.”

CrimeCrime(1) (1) Intentional act / omissionIntentional act / omission

- action- action- fail to act- fail to act- simple statements- simple statements

(2) (2) In violation of a criminal lawIn violation of a criminal law- valid / written - valid / written - statute- statute

(3) (3) Without defense / justificationWithout defense / justification- protection / legal act- protection / legal act

CrimeCrime(4) (4) Sanctioned by the state as a Sanctioned by the state as a

crimecrime- written law- written law- felony / misdemeanor- felony / misdemeanor- with penalty- with penalty

b. b. Actions also criminalActions also criminal

(1) (1) Failure to actFailure to act- legal duty - legal duty - take responsibility- take responsibility- varies by state- varies by state

CrimeCrime(2) (2) Misprision of a felonyMisprision of a felony

- committed by another- committed by another- try to conceal- try to conceal- required to report all felonies- required to report all felonies

(3) (3) ConspiracyConspiracy- cohort / conjunction with - cohort / conjunction with

anotheranother- objective / plan / overt act- objective / plan / overt act

3. 3. Criminal intentCriminal intent - “- “mens reamens rea” (Latin) = guilty mind ” (Latin) = guilty mind

CrimeCrimea. a. Right from wrongRight from wrong

- intended to commit crime- intended to commit crime

(1) (1) Washington state lawWashington state law::- - “A person acts with intent or“A person acts with intent or intentionally when he acts withintentionally when he acts with objective or purpose to objective or purpose to

accomplishaccomplish a result which constitutes a a result which constitutes a

crime.”crime.”

b. b. Types of intentTypes of intent- varies from state to state- varies from state to state

CrimeCrime(1) (1) Specific intentSpecific intent

- intended prohibited act- intended prohibited act

(2) (2) General intentGeneral intent

- conscious wrong-doing- conscious wrong-doing

- prohibited result- prohibited result

(3) (3) Transferred intentTransferred intent

- transfer intent to another- transfer intent to another- “- “bad aimbad aim””

CrimeCrime5.5. DefensesDefenses

a. a. InsanityInsanity - legal term- legal term

(1) (1) M’Naghten RuleM’Naghten Rule (1843) (1843)- English law- English law

(2) (2) Durham RuleDurham Rule (1954) (1954) - mental defect- mental defect - at time of offense- at time of offense

CrimeCrime(a) Federal law(a) Federal law

- judge determines- judge determines- not jury (state)- not jury (state)

(b) Montana law(b) Montana law- no constitutional right- no constitutional right- guilty by reason of insanity- guilty by reason of insanity

b. b. Mistake of fact / age / identityMistake of fact / age / identity

(1) (1) FactFact – illegal to possess – illegal to possess

CrimeCrime(2) (2) AgeAge

- pornography / statutory rape- pornography / statutory rape

(3) (3) IdentityIdentity- street vs. prescription drugs- street vs. prescription drugs

c. c. Mistake of lawMistake of law- must be known- must be known

d. d. Duress and consentDuress and consent- immediate harm against person / - immediate harm against person /

familyfamily

CrimeCrimee. e. EntrapmentEntrapment

- police plant idea of crime- police plant idea of crime- not inclined to commit act- not inclined to commit act

(1) “(1) “Origin of intentOrigin of intent””- must be predisposed- must be predisposed- “- “police conduct testpolice conduct test””

(2) (2) ExamplesExamples::- Tampa’s Bum Decoy Operation- Tampa’s Bum Decoy Operation- Sea-Tac Airport sting operation- Sea-Tac Airport sting operation

CrimeCrimef. f. IntoxicationIntoxication- “- “no act shall be deemed less criminalno act shall be deemed less criminal””- particular mental state of accused- particular mental state of accused

g. g. JustificationJustification

(1) (1) Justifiable homicideJustifiable homicide- legal reason- legal reason- execution / dangerous fleeing felon- execution / dangerous fleeing felon

(2) (2) Excusable homicideExcusable homicide

CrimeCrime- legal act- legal act- caused death of another- caused death of another

6.6. Classification of crimesClassification of crimes- law must be sanctioned- law must be sanctioned- mala in se- mala in se- mala prohibita- mala prohibita

a. a. Washington state lawWashington state law

(1) (1) FelonyFelony

CrimeCrime- serious crimes- serious crimes- against the state- against the state

(a) Degrees(a) Degrees- first / second / third- first / second / third

(b) Classes(b) Classes- A: 20 years / $50,000- A: 20 years / $50,000- B: 10 years / $20,000- B: 10 years / $20,000- C: 5 years / $10,000- C: 5 years / $10,000

CrimeCrime(2) (2) MisdemeanorsMisdemeanors- Gross: one year / $5,000- Gross: one year / $5,000- Misdemeanor: 90 days / $1,000- Misdemeanor: 90 days / $1,000

b. b. Criminal attemptCriminal attempt- one class lower- one class lower- attempts 1- attempts 1stst degree robbery = 2 degree robbery = 2ndnd

degreedegree- excludes murder / arson- excludes murder / arson

7.7. Laws in the United StatesLaws in the United States- many classifications- many classifications

CrimeCrimea. a. Constitutional lawConstitutional law

- highest law- highest law

- Constitution / Bill of Rights / - Constitution / Bill of Rights / amendmentsamendments

b. b. Criminal lawCriminal law

- customs / beliefs / natural law / Bible / - customs / beliefs / natural law / Bible / etcetc

- - based on common lawbased on common law