Understanding the Criminal Justice System CJUS 101 Chapter 1: Crime and the Nature of Law

Crime 1. What is crime? - different to different people a. Society / system give names - street crime / white collar crime / blue - street crime / white collar crime / blue collar crime / organized crime collar crime / organized crime - victimless crime / drug induced crime / - victimless crime / drug induced crime / hate crime / personal crime / property hate crime / personal crime / property crime crime b. Any violation of a written criminal law

Crime - must be written - carry a penalty (1) City / county ordinances - cannot oppose state law (2) State law - cannot oppose federal law c. Natural law - origin of crime today

Crime (1) Determines right from wrong - higher laws - rational beings should understand (a) Interpretation of natural law - varies as to society / culture (b) Inquisition / rustling (2) Belief in natural law - body of power determines

Crime - power made valid by nature - no acceptable definition - unable to decide “natural” crimes d. What makes a person’s actions a crime? - how do we make criminal law (1) (D. Frost) “A broad definition of crime in England is that it is any lower-class England is that it is any lower-class activity which is displeasing to the upper-class.” activity which is displeasing to the upper-class.”

Crime (a) Displeasing / deviant to society - drunk in public / disorderly / etc. (b) Satisfy middle / upper-classes (2) Sociology of deviance - dangerous / embarrassing / irritating (a) Labeling process (b) Associates ‘deviant behavior’

Crime (c) Behavior people label - clothing / tattoos / hairstyle (3) Prohibition (1919) - 18 th Amendment (4) Abortion (1992) - Roe vs. Wade - killing fetus vs. women’s rights (5) Divided the country

Crime 2. Crime - legal definition - Latin - judgment / accusation / offense a. Definition used: “Intentional act or omission in violation “Intentional act or omission in violation of criminal law committed without of criminal law committed without defense or justification, and sanctioned defense or justification, and sanctioned by the state as a felony/misdemeanor.” by the state as a felony/misdemeanor.”

Crime (1) Intentional act / omission - action - fail to act - simple statements (2) In violation of a criminal law - valid / written - statute (3) Without defense / justification - protection / legal act

Crime (4) Sanctioned by the state as a crime - written law - felony / misdemeanor - with penalty b. Actions also criminal (1) Failure to act - legal duty - take responsibility - varies by state

Crime (2) Misprision of a felony - committed by another - try to conceal - required to report all felonies (3) Conspiracy - cohort / conjunction with another - objective / plan / overt act 3. Criminal intent - “mens rea” (Latin) = guilty mind - “mens rea” (Latin) = guilty mind

Crime a. Right from wrong - intended to commit crime (1) Washington state law: - “A person acts with intent or intentionally when he acts with intentionally when he acts with objective or purpose to accomplish objective or purpose to accomplish a result which constitutes a crime.” a result which constitutes a crime.” b. Types of intent - varies from state to state

Crime (1) Specific intent - intended prohibited act (2) General intent - conscious wrong-doing - prohibited result (3) Transferred intent - transfer intent to another - “bad aim”

Crime 5. Defenses a. Insanity - legal term - legal term (1) M’Naghten Rule (1843) (1) M’Naghten Rule (1843) - English law (2) Durham Rule (1954) (2) Durham Rule (1954) - mental defect - mental defect - at time of offense - at time of offense

Crime (a) Federal law - judge determines - not jury (state) (b) Montana law - no constitutional right - guilty by reason of insanity b. Mistake of fact / age / identity (1) Fact – illegal to possess

Crime (2) Age - pornography / statutory rape (3) Identity - street vs. prescription drugs c. Mistake of law - must be known d. Duress and consent - immediate harm against person / family

Crime e. Entrapment - police plant idea of crime - not inclined to commit act (1) “Origin of intent” - must be predisposed - “police conduct test” (2) Examples: - Tampa’s Bum Decoy Operation - Sea-Tac Airport sting operation

Crime f. Intoxication - “no act shall be deemed less criminal” - particular mental state of accused g. Justification (1) Justifiable homicide - legal reason - execution / dangerous fleeing felon (2) Excusable homicide

Crime - legal act - caused death of another 6. Classification of crimes - law must be sanctioned - mala in se - mala prohibita a. Washington state law (1) Felony (1) Felony

Crime - serious crimes - against the state (a) Degrees - first / second / third (b) Classes - A: 20 years / $50,000 - B: 10 years / $20,000 - C: 5 years / $10,000

Crime (2) Misdemeanors - Gross: one year / $5,000 - Misdemeanor: 90 days / $1,000 b. Criminal attempt - one class lower - attempts 1 st degree robbery = 2 nd degree - excludes murder / arson 7. Laws in the United States - many classifications

Crime a. Constitutional law - highest law - Constitution / Bill of Rights / amendments b. Criminal law - customs / beliefs / natural law / Bible / etc - based on common law