Intro to American Law

Agenda What is the study of criminal law? What are the elements of a crime? How do we classify crimes? How do we apply criminal statutes to cases? What are the theories of punishment?

Criminal Law Text

What is a crime? Text

What is a crime? An act (or omission to act if there is a duty to act) which is prohibited by law enacted for the protection of the public and made punishable in a judicial proceeding initiated by the state (federal).

What is a crime? An act (or omission to act if there is a duty to act) which is Prohibited by law enacted for the Protection of the public and Made punishable in a judicial proceeding Initiated by the state (federal).

What is a crime? Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury.

Sources for Criminal Laws Statutes - state and federal legislators can create criminal statutes where if someone violates that law, they can be held criminally liable Precedent - the rules and rationales of previously decided cases are applied to current cases Constitutions – US and the State Constitutions

Who sues?

Classification of Crimes Malum in se Crimes that are often said to be those acts or omissions to act which are wrong from their very nature, e.g., such as murder, robbery, or rape Malum prohibita Crimes that are wrong merely b/c they are prohibited by statute

Classification of Crimes Felonies State level – felonies are usually defined by statutes to be those which are punishable by death or by confinement in the state prison Federal law – all offenses which are punishable by death or imprisonment for one year or more are felonies Misdemeanors All crimes that are not felonies are misdemeanors. They are normally crimes which are thought to be less serious in nature

Civil vs. Criminal Liability Who sues? Government Private/ Burden Beyond a reasonable doubt Preponderance of the evidence Penalty Fines Incarceration Injunctions Award damages injunctions

Elements of a Crime There are two basic elements to every crime Actus reus Mens rea

Actus Reus Definition Types of acts The act is any event which is subject to the control of the will Types of acts Speaking or verbal acts – solicitation for drugs Voluntary acts Status “acts” – vagrant or habitual drunkenness Prohibited acts – drinking out of a beer can while driving Involuntary acts – epileptic reflexes

Negative Acts or Omission D took in Norris and 3month old baby. Norris killed the child. D did not protect the child not seek medical help. In fact they went to church and the child died later and the D was charged with child abuse Rule: A defendant may be criminally liable for an omission to act when there is a legal duty for him to do so

Mens Rea Definition Criminal intent Difference between motive and criminal intent is that motive is immaterial. It may create an intent to act, while intent itself is merely a determination to act in a certain way

Types of Intent Intentionally Knowingly Recklessly Criminal Negligence

Theories of Punishment Retributive Utilitarian Deterrence Rehabilitative Incapacitation

For tomorrow Crimes against persons