1. Unit 3 Criminal Law and Criminal Procedures Professor Thomas Luby FS208 Legal Aspects of Emergency Services 1

2. Chapter 5 Criminal Law 2

3. Objectives Distinguish between violations of civil and criminal law, and between felonies and misdemeanors. Identify three elements making up a crime. Explain when an omission can give rise to criminal liability. Identify the four criminal mental states. 3

4. Objectives Identify elements for the following crimes: – First-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape, and child molestation Identify elements for the following crimes: – Larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO – Arson 4

5. Criminal vs. Civil Law Criminal LawCivil Law Brought byGovernmentParty who has been wronged Burden of Proof Beyond a reasonable doubt More likely than not PenaltyJail, probation, fine or restitution Money damages or a court order 5

6. Definition of Crime Criminal conduct – Common law crimes – Statutory crimes Violation of a law is not criminal unless the law declares that it is criminal 6

7. Reasons for Criminal Punishment Deterrence Protect society from wrong-doer through incarceration Vindication of victim and society – Satisfies need for justice 7

8. Felonies and Misdemeanors Felonies are more serious offenses – Punishable by more than one year in jail Misdemeanors are less serious – Punishable by one year or less in jail 8

9. Elements Defined by statutes and/or case law Crime is made up of elements – Act – Mental state – Attendant circumstances 9

10. Act The act requirement can be satisfied by either an affirmative act or an omission – Act or omission must be a voluntary act – An involuntary act cannot be basis for criminal liability 10

11. Mental State Four criminal mental states (Model Penal Code) – Purposeful – Knowing – Reckless – Negligent 11

12. Strict Liability Most crimes require proof of a culpable mental state – Model Penal Code definitions Some relatively minor crimes do not – Referred to as strict liability crimes – Common with regard to regulatory offenses 12

13. Attendant Circumstances Other fact must exist Additional facts that must be proven Example – Convicted of assault on a uniformed officer Officer must be in uniform 13

14. Homicide Includes two basic crimes – Murder – Manslaughter 14

15. Murder Killing with malice aforethought – Act: Killing or causing death – Mental state: Malice aforethought Purposeful Knowing Recklessness indicating depraved heart 15

16. Murder First-degree murder – Premeditated murder – Unintended death of someone during the commission of a felony (felony murder) Second-degree murder – Any murder not first degree 16

17. Manslaughter Voluntary manslaughter – Intentional killing in the heat of passion as a result of severe provocation Involuntary manslaughter – Unintentional killing 17

18. Battery Unpermitted offensive touching of another A person can consent to being touched – Thus consent is a defense to battery charges – Consent must be knowing and voluntary – Consent may be implied 18

19. Battery and Emergency Responders Medical treatment involves touching Consent implied from the circumstances – Person calls for rescue/EMS assistance – Person does not object to treatment Consent may be withdrawn or limited 19

20. Battery and Consent Consent induced by fraud, deceit, or misrepresentations is not valid – Example: Person pretends to be a doctor and is allowed to examine and treat a person Implied consent is limited by circumstances 20

21. Assault Placing another in immediate physical harm Some jurisdictions say it is an attempted battery that is unsuccessful Consent rules apply to assault 21

22. False Imprisonment Unlawful restraint upon a person’s freedom and ability to come and go Also called false arrest – Some authorities say false arrest is one type of false imprisonment 22

23. Kidnapping Use of force (or threat of force) in taking someone from one place to another Modern statutes – Forcibly or secretly confining someone against their will – Forcibly carrying or sending someone out of the state 23

24. Rape Common law – Sexual intercourse without other’s consent Modern trend – Expanded definition of sexual assault via degrees – First-degree sexual assault – Second-degree, etc. 24

25. Larceny Common law – Taking and transporting of property with intent to permanently deprive From common law crime of larceny – Now a broad range of theft crimes 25

26. Robbery Larceny through use of force or threatened use of force Taking money or other personal property – By means of force or use of fear 26

27. Extortion Obtaining money or property – Requiring someone to do something they are not legally required to do Threats necessary for extortion – Bodily injury, damage to property – Revealing information about the victim 27

28. Burglary Most states have statutory offenses to address loopholes in common law – Breaking and entering (B&E) Of dwelling (to cover daytime breaks) Of other buildings Of dwelling while possessing instruments related to wrongful setting of fires 28

29. Arson Common law definition – Willful and malicious burning of the dwelling of another Common law crime had many loopholes All states now have comprehensive arson laws 29

30. RICO Racketeer Influenced and Corrupt Organizations Act – Illegal for a person to engage in a racketeering activity through the use of an organization – Both civil and criminal aspects 30

31. Summary Criminal law Three types of elements Criminal mental states Criminal offenses 31

32. Chapter 6 Criminal Procedure 32

33. Objectives Define arrest, and explain the authority of a firefighter to make an arrest. Explain the difference between criminal and administrative search warrants. Identify at least six exceptions to the search warrant requirement. 33

34. Objectives Explain the constitutional limitations upon a firefighter conducting a cause and origin determination as part of an investigation after a fire. Explain what is required to constitute an attempted crime. 34

35. Objectives Define accessory before the fact, accessory after the fact, and aider and abettor. Define a criminal conspiracy and explain the liability of each coconspirator. 35

36. What Is an Arrest? Arrest – Lawful control of one person over another – Depriving person of his or her liberty Arrest involves: – Authority to make an arrest – Asserting that authority to restrain the person 36

37. Authority to Make an Arrest Anyone can make an arrest – Citizen’s Arrest Peace Officer Status – Privilege of Immunity – Firefighters Those who don’t – They are making a citizen’s arrest – False arrest Personal liability 37

38. Peace Officer Status Immunity Status Who can have this privilege – Firefighters – Fire investigators – Fire Marshals/Arson Investigators – Fire Prevention 38

39. Liability for Mistakes Peace officers – Privilege when making an arrest that later turns out to be wrong – Immune from suits for false arrest and battery Citizens enjoy no such privileges 39

40. Arrest Warrants Probable cause requires an arrest warrant Police must apply to a judge or magistrate for an arrest warrant 40

41. Arrest Warrants Judge or magistrate – Must be satisfied that crime has been committed and the defendant committed it Arrest warrant authorizes peace officer to take defendant into custody 41

42. Tyler Case What was the significance of this case? 42

43. Clifford Case What was the significance of this case? 43

44. Search and Seizure Fourth Amendment prohibits unreasonable searches and seizures by federal government Fourth Amendment applies to states and municipalities through the Fourteenth Amendment due process clause 44

45. Search and Seizure The Exclusionary Rule – Evidence seized by an unlawful search may not be used in court – Limited to the person whose privacy interests were violated by the search 45

46. Search Warrant Requirement Issued by a neutral magistrate Must describe place or person to be searched and property to be seized Probable cause – Belief that a crime has been committed 46

47. Warrantless Searches Valid warrantless searches – Vehicles – Open fields and abandoned property – Exigent circumstances 47

48. Criminal Procedure Chapter 6 48

49. Fire-Scene Exception Initial entry by firefighters into a building to extinguish a fire – Constitutionally justified as an exigent circumstance exception to the warrant requirement Once lawfully present 49

50. Fire-Scene Exception Firefighters and investigators – May remain on scene without a warrant for a reasonable period of time after the fire has been extinguished – To conduct their investigation 50

51. Chain of Custody Required for evidence to be admissible at trial Must be able to document an unbroken chain of custody from the moment evidence is seized until the evidence is introduced at trial 51

52. Custodial Interrogation and Miranda Warnings Miranda rights Applies to custodial interrogation Exclusionary rule applies to information obtained in violation of Miranda 52

53. Accomplice Liability Principal – Directly involved in crime Accessory – Helped in planning crime Newer approach – Aider and abettor 53

54. Conspiracy Agreement to commit a crime Conspiring to commit a crime All co-conspirators can be liable for crimes committed by any of the other co-conspirators – In furtherance of the conspiracy 54

55. Criminal Defenses Self-defense Defense of others Defense of property Insanity Entrapment Statute of limitations 55

56. Self-Defense Right of reasonable force to defend oneself Can meet level of force with same level of force – Can meet deadly force with deadly force Pre-emptive strike not allowed beforehand Punitive strikes not allowed afterward Retreat rule 56

57. Defense of Others Can use reasonable force to defend another Same rules as for self-defense – No pre-emptive strikes – No punitive strikes 57

58. Defense of Property Reasonable force to protect property Cannot resort to deadly force merely to protect property 58

59. Insanity Defense Most states consider it a defense In some states it is a mitigating factor – Guilty but insane Double-edged sword – Minimizes or eliminates criminal responsibility – Can be institutionalized for life 59

60. Entrapment Affirmative defense to a crime Law enforcement personnel induced a normally law-abiding person to commit an offense Some states focus on defendant’s propensity to commit such crimes 60

61. Statute of Limitations How long after a crime has been committed that someone can be charged Key action is charged, not tried or convicted Murder does not have statute of limitation 61

62. Summary Arrests Criminal charging Searches and seizures Attempted crimes Conspiracies Parties to a crime Criminal defenses 62