Agenda Review “Questions for Review” from Crime in America, Special Categories of Crime Chapter on Criminal Law Quiz next week on Tuesday

Criminal Law Instructor Ed Ramirez

Introduction Imagine a society without laws? A Los Angeles physician was convicted of 2nd Degree Murder for “Overprescribing” painkillers. (3 people died as a result) Laws govern many aspects of our lives. Her defense was that she was naïve and never realized that patients were using her to support their drug habits. Imagine a society without laws?

The Nature and Purpose of Law Law- A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior A binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority https://www.merriam-webster.com/dictionary/law

STATUTORY LAW The Written or codified law, “The law on the books,” as enacted by a government body or agency having the power to make laws. The law that exists in legislatively enacted statutes especially as distinguished from common law (www.merriam-webster.com)

STATUTORY LAW CONT’D Written law is of two types: Substantive Procedural Substantive describes what constitutes particular crimes, such as murder, rape etc. Procedural is a body of rules that determines that proceedings by which legal rights are enforced. (gathering of evidence and processing)

ADMINSTRATIVE LAW Examples are: Regulations that governments create to control the activities of industries, businesses and individuals Tax laws, health codes, restrictions on pollution and waste, vehicle regulation laws and building codes

COMMON LAW The body of law originating from usage and custom rather than from written statutes Example of common law Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts

COMMON LAW a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute the common law of torts the body of law that was first developed in the English courts of law as distinguished from equity and that allows for particular remedies https://www.merriam-webster.com/dictionary/common%20law#legalDictionary

Types of Law CRIMINAL LAW- Also called penal law CIVIL LAW- the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs (The branch of modern law that governs relationships between parties)

CRIMINAL LAW

PENAL CODE EXAMPLES Murder 187 PC Robbery 211 PC Burglary 459 PC Rape 261 PC

Penal Code cont’d https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PEN&division=&title=&part=1.&chapter=&article= PENAL CODE- The written, organized, and compiled form of the criminal law of a jurisdiction

CIVIL LAW

CASE LAW Case law comes from judicial decisions and is also referred to as the law of precedent. Defined as: The law as established by the outcome of former cases http://caselaw.findlaw.com/

CASE LAW cont’d Moises GALINDO, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; City of Los Angeles Police Department et al., Real Parties in Interest. No. S170550.      Decided: July 22, 2010 the U.S. Supreme Court case Brady v. Maryland Pitchess motion- Is a request for information contained in a law enforcement officer's personnel file.

GENERAL CATEGORIES OF CRIME Felonies Misdemeanors Infractions

FELONIES SERIOUS CRIMES A criminal offense punishable by death or by incarceration in a prison for at least one year.

MISDEMEANORS An offense punishable by incarceration, usually in a local confinement facility, for a period of typically one year or less

INCHOATE An offense not yet completed. How can an incomplete act be a crime? The word inchoate means “incomplete or partial” Conspiracies

ACTUS REUS An act in violation of the law The criminal act (Guilty Act) A criminal action regarded as a constituent element of a crime, as compared with the state of mind of the Perpetrator (Which is Mens Rea)

MENS REA The state of mind that accompanies a criminal act Mens Rea. As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness. A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element.

4 LEVELS OF MENS REA Purposeful (or intentional) Knowing Reckless Negligent

AGENDA Finish up with Criminal Law Murder Film Clip

THE CORPUS DELICTI The facts that show that a crime has occurred. The term literally means “The Body of the Crime” Must show or establish the offense has in fact occurred the basic element or elements of a crime, as, in murder, the death of the murdered person; the body of facts or evidence showing that a crime has been committed.

TYPES OF DEFENSES Alibi Justification Excuse Procedural Defense

Justification Self Defense Necessity Defense of Others Defense of home and property (Non-Deadly) Resisting unlawful arrest

EXCUSE Duress Age Mistake Involuntary Intoxication Insanity Diminished capacity Mental Incompetence https://www.youtube.com/watch?v=qOnaqeVN20g

PROCEDURAL DEFENSE Entrapment Denial of speedy trial Double Jeopardy Prosecutorial misconduct Police Fraud Collateral Estoppel https://www.youtube.com/watch?v=HGdt0QR55Ko https://www.youtube.com/watch?v=Lk1ESqdieJw

Collateral Estoppel Similar to double jeopardy Collateral Estoppel is a doctrine that states that if an issue has already been litigated, it cannot be litigated again. This means that a criminal or civil case cannot be taken to court twice. It also limits what criminal cases can then be heard in civil court and vice versa. Collateral estoppel is intended to protect people from being tried for the same issue twice, as long the result was a valid, final judgment.

Murder film clip https://www.youtube.com/watch?v=HUWjhVyIirk

Questions Next week we will be having the first quiz No scan Tron needed! Next week, lecture is on Policing: Purpose and Organization