AJ 50 – Introduction to Administration of Justice

Chapter 3 -

Criminal Law

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?

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

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

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

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!

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!

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.

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?

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?

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

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

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?

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

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

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

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?

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

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

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

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.

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

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

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

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.