1. AJ 50 – Introduction to Administration of Justice Chapter 3 - Criminal Law

2. Nature and Purpose of Law What are laws? – Rules of conduct – Written down as a statute – Mandate/Forbid certain behaviors Why do we have laws? – Reflection of morals of general society – Based on societal beliefs of behavior that is considered Acceptable or Unacceptable Right and Wrong What would our society look like if we did not have laws?

3. Statutory Law Enacted by legislative body of government – The law “on the books” Written into various Codes in CA – Penal, Vehicle, H&S, B&P, W&I, Ed., etc. Penal Code – Criminal statutes written down – Criminal behavior described – Specific punishments attached to criminal acts which vary by severity of offense

4. Common Law Origins of US justice system “Common Laws” were not written down, but merely customs or traditions sometimes administered unequally or unfairly No common laws are recognized in CA today – Law must be written at time of offense to be enforceable

5. Rule of Law Centered on the belief that… – Laws help maintain order & safety in society – Laws must be codified – Laws must be applied fairly & equitably to all Jurisprudence – The philosophy, science, and study of law

6. Criminal Law Criminal Law (Substantive Law) – Deals with criminal behavior and resulting punishments What is a “crime”? – PC § 15 – A public offense committed against the People – An act in violation of a law forbidding it – An omission in violation of a law commanding it – Examples? Goal of Criminal Law = PUNISHMENT!

7. Civil Law Civil Law (Tort Law) – Deals with wrongful acts between individuals – Contracts, divorce, child-custody disputes, unfair labor practices, etc. Tort – A private, civil wrong/injury between individuals Examples? Goal of Civil Law = TO RIGHT A WRONG!

8. Administrative & Procedural Law Administrative Law – Regulations created by government to control activities of industry, business, and individuals – Taxes, Health, Building Codes, etc. Procedural Law – Deals with specific methods or procedures used to administer criminal laws – Rules of evidence, testimony, etc.

9. Case Law Some laws based on previous court decisions Precedent – Stare Decisis = “let the decision stand” – Courts use decisions from previous similar cases to guide in current case How does this concept contribute to the Administration of Justice?

10. Classification of Crimes In CA, crimes are categorized by severity and allowable punishment – Infraction Fine only – Misdemeanor County Jail (less than 1 year) – Felony State Prison (more than 1 year), Death – “Wobbler” Treated as either a Felony or Misdemeanor for purposes of arrest and prosecution Examples?

11. Inchoate Offenses Incomplete or Partial offenses – Not fully carried out Examples – Conspiracy to Commit Murder Actions made preparing for the murder can be sufficient for arrest prior to actual murder – Attempted Crimes – PC § 664 Homeowner arrives home and interrupts burglar in process of entering home

12. Criminal Act and Intent Act (Actus Reus) – An overt act in violation of a law forbidding it – An overt omission in violation of a law commanding it Intent (Mens Rea) – “Guilty Mind” – Purpose of will to do the act Intentional, Knowing, Reckless, or Negligent – General, Specific, Transferred There must exist a concurrence of Act and Intent to complete a crime

13. Reckless Behavior and Criminal Negligence Reckless Behavior – Activity that increases risk of harm Criminal Negligence – Culpability based on actions that endanger others – May not have directly intended harm – Can replace Intent for purposes of prosecution! Examples?

14. Motive Not the same as Intent! The desire which stimulates a person to do some act Not a necessary element of a crime, but may help to prove intent Lack of motive may work in favor of defendant

15. Strict-Liability Offenses Some crimes require no culpable mental state (mens rea) – Some acts simply wrong even without intent to violate law Examples – Traffic laws – Statutory Rape

16. Elements of Crimes The specific and essential elements necessary to the commission of a particular crime Examples: – PC § 459 – Burglary Entry Into a certain type of structure With the intent to commit theft or any felony – PC § 187 – Murder The intentional unlawful killing Of a human being With malice aforethought All elements must be met to complete crime

17. Corpus Delicti “Body of the Crime” Facts that show that a crime has occurred and that someone committed it – Even if suspect remains unknown Not the same as crime elements Examples – Murder? – Arson?

18. Defense to Criminal Charges Arguments and evidence offered by defendant to show why that person should not be held liable for criminal charge Alibi – – Provable evidence that defendant was Somewhere else at time of offense Doing something else at time of offense

19. Justification Defendant admits doing the act but justifies why it was necessary – Perhaps to avoid some greater harm or evil Self-Defense – In order to protect oneself or one’s property from unlawful injury – Must have reasonable belief that harm was imminent – May only use reasonable force to protect self, third party, or property – Lethal force cannot be used against non-lethal force

20. Other Justifications Defense of others – Reasonable force, imminent danger Defense of home and property – Reasonable, non-deadly force Necessity – In order to prevent greater harm Consent – Prior permission given by harmed individual Resisting Unlawful Arrest – Especially in response to excessive force

21. Legal Excuses Duress – Unlawful threat or coercion to commit crime Age – Young children considered incapable of forming necessary intent Mistake – Law or fact Involuntary Intoxication – “Spiked” drinks, etc. Unconsciousness – Sleepwalking, seizures, etc. Provocation – Fights, result of prolonged abuse, etc.

22. California Penal Code § 26 All persons presumed capable of committing crime except… 1. Children under 14 2. Mentally incapacitated 3. By ignorance/mistake of fact 4. Unconscious of the act 5. By accident with no evil intent 6. Under threat of life endangerment

23. Insanity Defense PC § 25(b) – Accused person must prove by a preponderance of evidence that he/she was incapable of… Knowing or understanding nature of actions, and Distinguishing right from wrong at time of offense Due to mental illness M’Naghten Rule – Burden of proof on defendant to show inability to distinguish “right from wrong” due to mental disorder

24. Diminished Capacity PC § 25(a) – “The defense of diminished capacity is hereby abolished” What constitutes “diminished capacity”? – Intoxication, trauma, mental illness, disease, or defect – That negates ability to form purpose, intent, motive, malice aforethought, knowledge, or other mental state required to commit a crime Diminished capacity may be considered at time of sentencing

25. Procedural Defenses Defendant was somehow significantly discriminated against in justice process – Official procedure not properly followed – Problem with investigation/prosecution Entrapment – Improper/illegal inducement by law enforcement to commit crime Double Jeopardy – More than one prosecution for same act Violations of Due Process Protections – Speedy trial, illegal search & seizure, etc.