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Introduction to Law and Criminal Justice

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JoAnne Malatesta

on 16 November 2016

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Transcript of Introduction to Law and Criminal Justice

Legal Burden of Proof
Introduction to Law
& Criminal Justice

Part 1

Legality Principle &
Elements of a Crime

Independence
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…

The Beginning
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Ordered Liberty
Role of Criminal Law
Social Contract
Defining Criminal Behavior
Defining Punishment
Social System to Govern
Safeguard Individual freedoms
Reasonableness of Regulations
Preserve Fairness in Government – Citizen Interaction

Establish Guidelines for Government Actors to Fact/Truth Find

Sources of Law
Legislature
Constitution
Judicial Decisions
Penal Code
Assigning Appropriate Weight
Identification of Rights and Interest
Balancing State and Citizen interest
Legality Principle
Ex Post Facto
Fair Notice
Statute Clarity
Social Contract
Vagueness
Arbitrary and Erratic arrests
Fails to notify ordinary person
Elements of a Crime
Reasonable Suspicion
Preponderance of the evidence
Clear and Convincing Evidence
Probable Cause
Beyond a Reasonable Doubt
Legality Principle
Tennessee Code Annotated 39-17-308 - Harassment —
(a) A person commits an offense who intentionally:
(1) Threatens, by telephone, in writing or by electronic communication, including, but not limited to, text messaging, facsimile transmissions, electronic mail or Internet services, to take action known to be unlawful against any person and by this action knowingly annoys or alarms the recipient; (italics added for emphasis).

(4) Communicates with [“or about another person or transmits or displays an image” – new amended language from Bill HB300/487] by any method described in subdivision (a)(1), without legitimate purpose:
(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or
(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and
(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.
(D) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by a fine of one hundred dollars ($100), or twenty (20) hours of community service, without compensation, for charitable or governmental agencies, or both, as determined by the court.

Actus Reus
Mens Rea
Concurrence
and Causation

HARM
Physical Component of the Crime
The Act must be voluntary
AND...lead
to Social
Harm
Voluntary Conduct =
Culpable Actions
Commission
Possession
Omission
A set of movements that represent an ACT of will
Failure to Act
Duty
to
Act
Statute
Status Relationship
Contractual Obligation
Assumed Care
Placed in Peril
Impedes
Free
Choice
NOT
Foreseeable
Disabling
Condition
When is an ACT non-culpable?
Not Blameworthy
Automatism
Involuntary
Reflex
Not a product of effort of the Actor
Unconsciousness
Behavior that the actor is unaware of and over which there is no conscious control
What does Mens Rea mean?
Guilty Mind
Malice
Intent
Common Law
Intent
General Intent
Ex. Failing to stop at a Stop Sign

Ex. Statutory Rape

Specific Intent
Ex. Burglary
Model Penal Code
Intentionally/Purposefully
It was the conscious object to cause the resulting harm
Knowingly
Practically certain that the action will cause the specific result/harm
Recklessly
Consciously disregarding a substantial and unjustifiable risk that the conduct will cause the social harm of the offense
Negligently
Should be aware that the conduct creates a substantial and unjustifiable risk of harm
S 125.27 Murder in the first degree. A person is guilty of murder in the first degree when:

1. With intent to cause the death of another person, he causes the death of such person

S 125.20 Manslaughter in the first degree. A person is guilty of manslaughter in the first degree when:

1. With intent to cause serious physical injury to another person, he causes the death of such person

125.15 Manslaughter in the second degree. A person is guilty of manslaughter in the second degree when:

1. He recklessly causes the death of another person;

S 125.10 Criminally negligent homicide.

A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.

Cause - in - Fact
* But For...

Proximate Cause
* Legally Defined Cause
Intervening Element
Independent Force

After Original Actor's Act

Foreseeable?
Dependent
V's actions are a
reaction
to conditions created by defendant
Superseding
An event will be Superseding ONLY if it is NOT a normal and reasonably foreseeable result of original act.
Concurrence
Mens Rea

Actus Reus
Mens Rea
Actus Reus
Concurrence
Reasonable Person Standard
Any Social Harm Defined and Made Punishable by Law
Inchoate Crime
Conduct deemed criminal without actual harm being done


Proximity Approach
How close did D come to completing the offense?
Equivocality Approach
Did D's conduct unequivocally manifest criminal intent?
MPC
Substantial Step
1) An act constituting a substantial step in a course of conduct planned to culminate in commission of the crime; AND

2) the act is "strongly corroborative" of the criminal purpose.
Reconnoitering
Lying in wait, searching for, or following
Enticing
Unlawful Entry
Possession
of
Materials
Attempt
or
Mere
Preparation?
Intent + Act + Failure
=
Attempt
Defenses
Defenses
Plea in Denial

"Wasn't me"
Confession and Avoidance
Justification Defenses
Disabling Condition
Not Blameworthy
Impede Free Choice
Pre-Trial
Trial
Decision
Post Trial
Competency
Insanity
Defense
Verdict
Commitment
Competency to Stand Trial
Ability to
Recall
Events
"Really"
be at the
Trial
Act
Effectively
in own
Defense
Be able to
testify on their
own behalf
Ability to present evidence and witnesses
Dusky v US
"Defendant must understand the Nature and Object of Proceedings"
Ability to consult with counsel and assist in his defense...
Defendant has a rational, as well as a factual understanding of the proceedings
M'Naughten
Test
Irresistible Impulse
Test
Model Penal Code
Federal Insanity Reform Act 1984
M'Naughten
1) Not
know
the
nature and quality
of the Act...
2) Did not know the Act was wrong
Laboring under such a defect of reason, from disease of the mind, to...
OR
As the result of mental disease or defect,

Defendant acted with an irresistible and uncontrollable impulse,

Or, lost the power to choose between right and wrong,

And could not avoid doing the act in question, as free will was at the time destroyed.

As the result of a mental disease or defect - defendant lacked the
substantial capacity
to...
1)
appreciate
the criminality of the actions
2) Conform conduct to the law
- OR -
As a result of a
severe
mental disease or defect,

Defendant was unable to appreciate the nature and quality,

Or the wrongfulness of his acts…

Possible Outcomes
Guilty
Guilty but
Mentally Ill
Not Guilty by Reason of Insanity
Not Guilty
2 Issues to Balance
Nature of
Liberty Interest
Government
Interest
Clear and Convincing evidence that the person...
has a mental disorder
BECAUSE of that mental disorder, is:
Dangerous to self or others
Involuntary Civil Commitment
- AND -
Unable to provide for basic personal needs and safety.
- OR -
REASONABLE
period of time to determine if...
a
substantial probability
that the individual will attain competency in the foreseeable future.
Competency Commitment

If not -
Move to ICC
Evaluation
Mental Health and the Law
"I did it...BUT..."
Excuse Defenses
Prosecution bears complete weight of proving all elements of the crime
Threat of Death or serious bodily injury
Reasonable
Fear
Imminent
Danger
No escape/
No alternatives
No role in creating situation
Duress
Defense
Triggering
Condition
Proportionate
Necessary
Lesser of Two Evils/ Choice Between Two Evils

Clear and Imminent Danger
Avoiding Harm
No effective legal alternative
The harm must be "Lesser"
No Legislation
Limitations to Necessity Defense
Homicide
Non- Natural
Forces
Economic
No Necessity Defense
Necessity Defense
Reasonable Belief
Necessary
Proportional
Self Defense
Duty to Retreat?
Origination
Predisposition
Persuasion
Entrapment - Subjective
Origination
Persuasion
Entrapment - Objective

usually...
Full transcript