1. Chapter 6

2. The Nature of Crimes  Crimes are public wrongs, and are classified as being:  Felonies  Misdemeanors  Summary or petty offenses.

3. The Nature of Crimes  The Essentials of Crime  Prior Statutory Prohibition  Ex post facto laws  Proof Beyond a Reasonable Doubt

4. The Defendant’s Capacity  Mens rea  Voluntary Intoxication  Infancy  Insanity

5. ACTUS REAS V. MENS REA  State of Mind can be  General intent  Specific intent  Transferred intent  Criminal negligence

6. Homicide  MURDER  1st °  Willful & premeditated  Felony murder  Death during the commission of a violent crime  2 nd °  Intentional, but not premeditated or planned  MANSLAUGHTER  Voluntary  No prior intent  “heat of passion”  Involuntary  Unintentional  Reckless or criminally negligent  Homicide by vehicle

7. Voluntary intoxication  Not usually a defense  Can mitigate intent

8. Infancy  At common law  <7 could not commit a crime  7-14 presumption against the ability to commit a crime  Over 14, tried as adult  In Georgia today  Usually a juvenile proceeding if <17, or  <21 but committed before 17, or  <18 if status offender  But if crime is serious, can be tried like any adult.

9. Insanity  M’Naughten Rule (1843)  Defendant did not know the nature and quality of his/her actions, or  Did not know what he/she was doing was wrong

10. Insanity- other tests  Irresistible Impulse  Absolves a defendant who can distinguish right and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong. (This test is also known as the "policeman at the elbow" test: Would the defendant have committed the crime even if there were a policeman standing at his elbow?).  The Durham/New Hampshire Test  Defendant is entitled to acquittal if the crime was the product of his mental illness (i.e., crime would not have been committed but for the disease). The test, also called the Product Test, is broader than either the M'Naghten test or the irresistible impulse test.

11. Guilty, but mentally ill  In Georgia, defendant is turned over to corrections who can send him/her for mental treatment.

12. There are a number of differences between civil and criminal cases.

13. The Nature of Crimes  Criminal Procedure Protection  Presumption of Innocence  Exclusionary Rule  Probably Cause Requirement  Prohibition against Double Jeopardy  Miranda Warning  Trial by Jury  Right of Confrontation  No Cruel and Unusual Punishment

14. Constitutional protections in a criminal case  4 th amendment:  No unreasonable searches & seizures  5 th Amendment : self-incrimination  No double jeopardy  Due process  6 th Amendment  Speedy and public trial by jury  Informed of crime  Confront witnesses  Compel witnesses to testify  Representation by counsel  8 th amendment  No cruel and unusual punishment  14 th amendment applies these to the states

15. Arrest  Probable cause  Neutral & detached magistrate  Flight alone is not enough  Report of crime, description of perpetrators  Arrest without a warrant?  Committed in police presence  No time  Must still have probable cause  Search follows arrest  If arrest wasn’t legal, search isn’t legal  Stop and frisk  Armed and dangerous  Genuinely concerned for safety of self and others

16. Search & seizure  Must have probable cause to believe an item is in the place being searched  Must get a warrant from neutral & detached magistrate whenever possible  Make application which includes  Identity of items  Description of premises  Name of owner  Crime  Facts that indicate how police know probable cause exists  Anonymous tip isn’t enough. Must indicate that informant is reliable  How does he/she know the items are there?  Used informant before

17. Search & seizure  Search without a warrant  Consent  Incident to lawful arrest  Search person and area within immediate control  Looking for weapon  No time-hot pursuit

18. Search & Seizure  Plain view  What is the effect on case if arrest/search are not legal?  Any evidence illegally obtained must be SUPPRESSED  This is the EXCLUSIONARY RULE

19. Fruit of the poisonous tree doctrine  If the tree (arrest/search) is illegal, the fruit from it is also illegal

20. Miranda Warnings  When arrested, must be given  Before any custodial interrogation  If the suspect decides to waive his/her rights, waiver must be KNOWING, INTELLIGENT AND VOLUNTARY

21. The Nature of Crimes  Crimes and People in Business  White-collar Crime  Today, corporate officials and agents may be held liable for crimes that they personally commit, for crimes they aid or abet, and for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control  The Sarbanes-Oxley Act of 2002  RICO  The Foreign Corrupt Practices Act

22. The Nature of Crimes  Cybercrime  The Electronic Communications Privacy Act  The Computer Fraud and Abuse Act  Recent Developments in Cybercrime  Cyber Security Enhancement Act of 2002  USA PATRIOT Act  International Efforts to Combat Cybercrime