CJ230: Criminal Law for Criminal Justice Unit 2 Seminar Prof. Jennifer Hulvat

A few housekeeping matters Discussion Board: Post early and post often! Discussion Board: Post early and post often! Last minute, last day, last hour posts are graded accordingly Last minute, last day, last hour posts are graded accordingly Quality of writing matters? Quality of writing matters? How do I get an “A” on the Discussion Board? How do I get an “A” on the Discussion Board?  Post early and often  Post over multiple days  Posts in the 100 word range  Outside sources…with cites!

This week…. To do: ● 1 Discussion question (Maria!) ● Quiz ● Seminar Project….

Project You have a writing assignment to complete during unit 2. In this paper, you are to Select two different common law or state criminal laws. Be sure to identify the specific laws you select. You may not choose burglary. Write a short scenario that illustrates each crime. Your scenario should be at least one paragraph in length and should provide sufficient detail to demonstrate that the perpetrator is guilty of the crime you identified. Your scenario should illustrate that all elements of the crime clearly occurred Write a short scenario that illustrates each crime. Your scenario should be at least one paragraph in length and should provide sufficient detail to demonstrate that the perpetrator is guilty of the crime you identified. Your scenario should illustrate that all elements of the crime clearly occurred For each crime, make a chart that lists each of the elements of the crime, as well as explains each way the crime could be classified. For each crime, make a chart that lists each of the elements of the crime, as well as explains each way the crime could be classified. Remember, everyone this is to be completed in APA format, which means you should have: cover page, reference page, one inch margins, double spacing, and internal citations. We need to avoid plagiarism issues at all times. I'll be grading in three parts: (1) identification of two specific criminal laws; (2) scenario demonstrating that all elements are present; and (3) charge and correct elements of the offense, along with classification. Your book is a great resource here, folks. Remember, everyone this is to be completed in APA format, which means you should have: cover page, reference page, one inch margins, double spacing, and internal citations. We need to avoid plagiarism issues at all times. I'll be grading in three parts: (1) identification of two specific criminal laws; (2) scenario demonstrating that all elements are present; and (3) charge and correct elements of the offense, along with classification. Your book is a great resource here, folks.

Seminar Topic: Intent In this seminar, we will discuss the mens rea element of crime, including the four recognized levels of intent. Be sure to come to the seminar prepared to discuss how the defendant may use a lack of intent as a defense to a criminal charge at trial. In this seminar, we will discuss the mens rea element of crime, including the four recognized levels of intent. Be sure to come to the seminar prepared to discuss how the defendant may use a lack of intent as a defense to a criminal charge at trial.

Criminal Intent: “mens rea” With very limited exception, every crime must have two elements: (1) a level of intent, “mens rea”, and (2) an act, “actus reas” With very limited exception, every crime must have two elements: (1) a level of intent, “mens rea”, and (2) an act, “actus reas” There must be concurrence of mens rea and actus reas; the intent and the act must be simultaneous…or not crime! There must be concurrence of mens rea and actus reas; the intent and the act must be simultaneous…or not crime! HYPOTHETICAL: Julie by accident, and with no criminal intent, kills her neighbor by running him over with her car. Criminally liable? HYPOTHETICAL: Julie by accident, and with no criminal intent, kills her neighbor by running him over with her car. Criminally liable? VARIATION: What if Julie later determines that she is glad she killed her neighbor? Criminally liable?

Act: “actus reus” Requirement of an Act, or “actus reus”: there must some sort of act, or conduct, to accompany the intent. Requirement of an Act, or “actus reus”: there must some sort of act, or conduct, to accompany the intent. HYPOTHETICAL: Julie plans to kill Tom. She goes to his home. Just as she is about to approach Tom’s front door, Tom drops dead of a heart attack. Is she criminally liable? HYPOTHETICAL: Julie plans to kill Tom. She goes to his home. Just as she is about to approach Tom’s front door, Tom drops dead of a heart attack. Is she criminally liable? VARIATION: What if Yom sees her through the peephole, then drops dead?

Levels of Intent There are different levels of “mens rea” There are different levels of “mens rea” ▪ Purpose (often termed “Intent”) ▪ Purpose (often termed “Intent”) ▪ Knowledge ▪ Knowledge ▪ Recklessness ▪ Recklessness ▪ Negligence ▪ Negligence

Purpose (Intent) Purpose (Intent): highest, most volitional, level of mens rea Purpose (Intent): highest, most volitional, level of mens rea “Intent” is often used as a term of art, but it represents one of the four mental states recognized in criminal law “Intent” is often used as a term of art, but it represents one of the four mental states recognized in criminal law Example: Burglary Example: Burglary

Knowledge Knowledge: a reasonable awareness Knowledge: a reasonable awareness  Example: Someone who drives a car into the country with a few grams of cocaine secreted in the car he borrowed. Guilty?  Variation: If there are multiple kilos, or bricks, of cocaine, laying on the back seat, better argument for guilt based on knowledge?

Recklessness Recklessness: Disregarding a substantial and unjustifiable risk; a conscious disregard for safety or persons Recklessness: Disregarding a substantial and unjustifiable risk; a conscious disregard for safety or persons We see this in drivers often. We see this in drivers often. Don’t equate recklessness with negligence. Generally, negligence has no place in criminal law. It is a civil standard. Don’t equate recklessness with negligence. Generally, negligence has no place in criminal law. It is a civil standard.

Negligence Used very sparingly Used very sparingly More of a civil standard More of a civil standard

Questions about the 4 mental states?

Defenses to Crimes: How does the level of intent, or the lack of it, affect a prosecution? Legal Defenses: At trial, defendants submit “defenses” or legally recognizable theories of proof that, if proven, will “excuse” their conduct and prevent criminal liability from attaching. What are some defenses that exist today?

Defenses Insanity, alibi, intoxication (both voluntary and involuntary), immunity, Statute of limitations, Consent (particularly in sex cases), Double jeopardy, Use of force Insanity, alibi, intoxication (both voluntary and involuntary), immunity, Statute of limitations, Consent (particularly in sex cases), Double jeopardy, Use of force

Insanity Insanity Insanity changed a lot over the years, evolved now to MPC definition in most areas: "lacks substantial capacity to appreciate the criminality of his conduct or conform his conduct to the requirements of the law changed a lot over the years, evolved now to MPC definition in most areas: "lacks substantial capacity to appreciate the criminality of his conduct or conform his conduct to the requirements of the law Difference between insanity and competence? Difference between insanity and competence? Illinois has: Guilty but mentally ill, which is a finding of guilt, mental illness, and the offender is confined to institution. Illinois has: Guilty but mentally ill, which is a finding of guilt, mental illness, and the offender is confined to institution. Winning defense? NO, very seldom. It’s usually a battle of the experts. Winning defense? NO, very seldom. It’s usually a battle of the experts. Can always look at the actions of the defendant and point to evidence of a "guilty mind", "consciousness of guilt" Can always look at the actions of the defendant and point to evidence of a "guilty mind", "consciousness of guilt"

Consent Consent - this is a big one, especially in rape cases Consent - this is a big one, especially in rape cases Must be given by someone capable of consenting Must be given by someone capable of consenting  The issues involved in statutory rape. Hint, hint, hint…. Can't obtain by fraud. Give example? Can't obtain by fraud. Give example?

Alibi What is it? Defendant was somewhere else What is it? Defendant was somewhere else Common defense Common defense Problematic for D, why? Problematic for D, why?  Think of who the witnesses are likely to be!  Bias, interest, etc.

Self Defense Essentially, a defendant suggests that his conduct was necessary to protect himself or his loved ones from the imminent threat of bodily harm Essentially, a defendant suggests that his conduct was necessary to protect himself or his loved ones from the imminent threat of bodily harm Essentially, negates the intent Essentially, negates the intent

Entrapment Defense that negates the criminal intent Defense that negates the criminal intent Defendant asserts that he was not predisposed to commit the crime, that but for the inducement by the law enforcement agent, the crime would not have been committed Defendant asserts that he was not predisposed to commit the crime, that but for the inducement by the law enforcement agent, the crime would not have been committed Not of his own free will Not of his own free will What kind of cases see this a lot? What kind of cases see this a lot?

Questions or Comments cell: AIM: Jenhulvat2