Crime is defined as:
conduct that has been prohibited by law and subjects the offender to criminal punishment.
Tort
a wrong that violates a private interest and thus gives rise to civil liability.
One of the core functions of criminal law is:
punishing wrongdoers.
Rehabilitation
to make the wrongdoer a contributing member of society.
Incapacitation
to remove the wrongdoer from society.
Retribution
take revenge against the wrongdoer
Deterrence
to prevent future wrongdoing
General Deterrence
based on the idea that punishment of a criminal will cause other people to forgo criminal behavior in the future.
Special Deterrence
the punishment of a wrongdoer to deter that individual from misconduct in the future.
2 Types of Classicifications of Crimes
1. Mala in se
2. Mala prohibita
Mala in se
considered both morally wrong and a crime.
example: rape, murder, and theft.
Mala prohibita
crimes, but are not necessarily considered morally wrong.
example: failure to have a business license.
Types of Crimes
1. Felony
2. Misdemeanor
Felony
a serious crime, if convicted, sentenced to prison (state facility)
Misdemeanor
less serious crimes that are punishable by fine or jail (county facility)
Substantive Laws
refers to that part of the criminal law that creates and defines crimes and specifies punishment.
Procedual Laws
that part of the criminal law that establishes what conduct constitutes a crime and prescribes the punishment for violation of the crime.
Jail
a local place of confinement for those awaiting trial and those who have been convicted of misdemeanors.
Crime is classified as:
violated public laws
Crimes are prosecuted in the name of:
the "state", the "people", or commonwealth
Notice" is a _________.
fundamental part of the fairness component in due process.
Common Law
early english law that became the standardized law of the land in England and later in the United States.
Case Law
appellate courts interpretations of the law.
Appellate Court Opinions
act as a standard and guide other courts considering the same legal issue.
Mandatory Precedent
when a higher appellate court renders a decision on an issue, the lower courts under its supervision must follow the ruling or face reversal on appeal.
Persuasive Precedent
although a court decision is not legally binding on a second court, its analysis may be persuasive.
Stare Decisis
the legal principle that binds courts to stand by prior decisions and use them as standards by which to judge subsequent cases.
Statutory Law
is law that is enacted by legislative bodies of government.
Which branch ENACTS criminal law?
The Legislative Branch
Which branch ADMINISTERS and ENFORCES criminal law?
The Executive Branch
Which branch determines the GUILT or INNOCENCE of defendants and their punishment?
The Judicial Branch
Model Penal Code
attempt to formulate and specify principles of criminal responsibility that are politically neutral and that reflect a consenus in society about what kinds of conduct are dangerous and blameworthy.
Criminal law is constantly changing as _________.
our moral values change.
Police Power
the authority of a state to enact and enforce a criminal statue.
Federal government police power is limited by:
the U.S. Constitution, specifically: immigration, crime on high seas and counterfeiting.
Commerce Clause
to regulate commerce between the states.
Bill of Rights
the first ten amendments to the U.S. Constitution that set forth certain rights guaranteed to individuals.
1st Amendment
guarantees the freedom of religion, speech, press, assembly and the right to petition government.
2nd Amendment
guarantees the right to bear arms.
3rd Amendment
prohibits the quartering of soliders in homes
4th Amendment
prohibits unreasonable searches and seizures.
5th Amendment
prohibits self-incrimination, double jeopardy and mandates due process of law.
6th Amendment
gurantees the right to a speedy and impartial public trial in criminal cases with counsel and the right to cross examine witnesses.
7th Amendment
gurantees the right to a jury trial in civil suits involving 20 dollars or more.
8th Amendment
prohibits excessive bail, excessive fines, and cruel and unusual punishments.
9th Amendment
We have many other rights than what are listed in the Bill of Rights. Our rights are not limited by the Bill of Rights.
10th Amendment
Asserts that powers not delegated to the national government or denied to the states are reserved to the states.
14th Amendment
defines national citizenship and forbidding the states to restrict the basic rights of citizens or other persons.
Jurisdiction
is the power of a court to exercise its authority over the subject matter or person.
Without proper jurisdiction ________.
a court has no power to act.
3 Levels of the Texas Court System
1. district courts
2. appellate courts
3. supreme court
Venue
refers to the geographic location where the trial should be held.
When can a venue be changed/waived?
in high publicized cases, the court, on motion of the defendant, may change venue and transfer the case to a different district for trial.
Legality
a guide for judges based on the common law principle that sets limitations on the formation, creation and interpretation of criminal laws.
Ex Post Facto Laws
a law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. (prohibited by the consitution)
Due Process
a basic constitutional principle based on the concepts of privacy of the individual, limitations on governmental powers and a safeguard against arbitrary and unfair government actions.
Due process includes:
the basic rights of a defendant in a criminal proceeding.
Balancing Test
what accused has to lose vs. the burden on the government to provide fair procedures.
Overbreadth and vagueness is _______.
usually a first amendment issue.
Right to Privacy
the right to be left alone, the right to be free from unwanted publicity, and the right to live without unwarranted interferences by the public in matters with which the public is not necessary concerned.
The right to privacy is not explicility guaranteed by the U.S. Consititution, however, the Supreme Court has held the right to privacy is a:
substantive right protected by the Consituttion under the due process and freedom of association clauses.
Equal Protection
a clause in the 14th amendment to the U.S. Constitution that requires that persons under like circumstances be given equal protection in the enjoyment of personal rights and the prevention and redress of wrongs.
The constitutional guarantee of "equal protection of the laws" means:
no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other persons or other classes in like circumstances.
Double Jeopardy
a protection is the 5th amendment to the U.S. Constitution, enforceable against states through the 14th amendment, which protects an individual against second prosecution for the same offense after acquittal or conviction and against multiple punishments
Formula for a Crime
- Conduct (actus reus)
- Cupable Mental State (mens rea)
- Conccurrence (joinder) of act and mental state
- Causation of required result and penalty
Actus Reus
an illegal act; the act or failure to act that constitutes the crime. (THE ACT ITSELF)
The actus reus includes three ingredients of a crime:
1. a voluntary act or a failure to perform a voluntary act that one has a legal duty to perform.
2. that causes
3. social harm.
Voluntary Acts
the act necessary to consititute a crime must be voluntary.
Omission
the act necessary to constitute a crime may also be the failure to act.
Mens Rea
the "guilty mind" or culpablility whcih accompanies the actus reus.
Possession
actual care, custody, control or management.
4 Mental States of Mens Rea
1. Specific Intent
2. General Intent
3. Constructive Intent
4. Transferred Intent
General Intent
the state of mind required for the commission of a crime where specific intent is not present.
Specific Intent
the state of mind required for the commission of a crime where the intent to commit a specific crime is present.
Constructive Intent
intent presumed from a gross deviation of care expected by society.
The difference between recklessness and criminal neglience?
is subjective awareness.
4 Types of Culpability
1. intent
2. knowledge
3. recklessness
4. criminal neglience
Intent
the person acted with intent or intentionally when he or she committed the act which constituted the crime.
Knowledge
a person knows or acts knowingly with knowledge when (1) he or she is aware of a fact, facts, or circumstances or result described by a statue defining the crime or (2) he or she has information which would lead a reasonable person would exercise in the s
Recklessness
a person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such a substantial risk is a gross deviation from conduct that a reasonable person would exercise i
Criminal Negligence
a person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the stand
Transferred Intent
refers to situations where a person intends to commit a specific crime, or commit a crime against another person and then either commits another crime or commits a crime against the wrong person.
Strict Liability Crimes
those crimes that require no proof of culpability or state of mind and are justified on the basis of the need to encourage extremely high standards of care for the protection of the public.
Examples: driving without a license, selling prohibited beverages
Mental state cannot always be proven, but may be ____________________.
inferred from both the act and surrounding circumstances.
Circumstantial evidence may be allowed if:
it sheds light on the defendant's state of mind.
Culpable mental state proven may determine:
severity of offense.
Examples of Criminal Homicide
- Murder
- Capital Murder
- Manslaughter
- Criminally Negligent Homicide
A person commits criminal homicide if he:
intentionally, knowingly, recklessly or with criminal negligence causes the death of an individual.
Joinder of Act and Intent
the act (actus reus) and the intent (mens rea) must be joined in time and exist concurrently.
the intent must lead to the actual act.
Criminal Sanctions
punishments that are associated with being convicted of crimes.
Culpability
blameworthiness of criminal conduct based on mens rea.
Negligence
the unconscious creation of risk, or the mental state in which the actor unknowingly creates a substantial and unjustifiable risk of harm to others.
Criminal Neglience
behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.
Causation is an implicit element of the _________.
actus reus.
Legal Causation
a cause recognized by law as necessary to impose criminal liability.
Legal Causation is compromised of two components:
1. proximate cause.
2. factual cause.
Proximate Cause
- was the victim's injury a "direct and natural" result of the defendant's act?
- reasonable foreseeability is the key, criminal liability should not attach to results that are remote and unnatural.
Factual Cause
- "but for" the defendant 's act, would the same result have occured?
- no matter how remote or unforseeable.
Intervening Cause
- was it reasonably foreseeable.
- book example: X shoots V, nonlife threatening injury, then receives negligent medical treatment vs. ambulance gets in an accident caused by another and dies.
Two Types of Presumptions
1. permissible/rebuttable
2. conclusive/mandatory
Presumptions operate to:
ease the burden of the government providing intent.
Required Result
is generally synonymous with the harm to persons, property, interference with governmental operation, offenses against public safety, health or morals.
Attendant Circumstances
- Who
- Where
- Why
- How
Vertical Growth of Codes occurs in a few ways:
1. declaring a misdemeanor crime becomes a felony for REPEAT OFFENSE (DWI).
2. increasing the crime when the VICTIM is a particular member of a particular group (elderly, child, peace officer or official).
3. increasing the crime when the RESULT of the co
Sentencing
the process by which a judge imposes punishment on a person convicted of a crime or crimes.
Purpose of Punishment
is to stop crime and protect the public's interest in life, liberty, and property.
Sentencing and punishment take place:
after a person has been convicted of a crime and has been afforded due process of law.
Diversion
theory of punishment that diverts offenders from more severe forms of punishment if they agree to attend counseling or educational programs, and they do not commit the same or similar offenses with a specified period.
Types of Punishment
- Rehabilitation
- Incapacitation
- Retribution
- Deterrence
- Diversion
Plea Negotiations
agreement between the prosecutor and the defense attorney to allow the defendant to plead guilty to a lesser offense than the one charged.
Advantages of Plea Negotiations:
- it ensure conviction for a crime.
- the criminal court system is overcrowded
- we can plea negotiations with a defendant in exchange for testimony against other criminals.
Disadvantages of Plea Negotiations:
- it allows criminals to escape mandated punishment for all the crimes with which they are charged.
- if the system is overcrowded, we need to provide for more judges.
- we should require guilty pleas to all crimes, and the defendant's testimony for the g
Indeterminate Sentence
process does not set a definite term that the defendant will serve.
(known as indeterminate sentence because the offender's actual time in prison is not known or determined at the time of sentencing).
Determinate Sentence
type of sentence that established a specific time that the offender will serve in prison.
Presumptive Sentencing
form of sentencing that establishes a minimum and maximum sentence and a fixed point within that range is the usual or presumed sentence for a certain class of crimes.
Capital Felony in Texas
death or life without parole
Second Degree Felony in Texas
2 to 20 years in prison
State Jail Felony in Texas
180 days to 2 years in state jail facility.
First Degree Felony in Texas
4 to 99 years in prison
Third Degree Felony in Texas
2 to 10 years in prison
All felonies can include fine up to:
$10,000
Repeat and Habitual Offenders
- one prior pen trip. 3rd becomes 2nd, 2nd becomes 1st, 1st is 15-99 years.
- two prior consecutive pen trips, 25-99 years.
Texas Class A Misdemeanor
up to 1 year in jail and/or $4,000 fine.
Texas Class B Misdemeanor
up to 180 days in jail and/or $2,000 fine.
Texas Class C Misdemeanor
up to $500 fine
Probation
release without incarceration under the supervision of a probation department to rehabilitate the defendant.
Goal of Probation
is to release the prisoner from incarceration and allow him to become a productive member of society.
Parole
release after incarceration prior to the expiration of the full term of the sentence.
Goal of Parole
is to release the prisoner from incarceration and allow him to become a productive member of society.
Fine
a monetary punishment requiring the offender to pay a specified sum.
Forfeiture
process whereby a criminal's assets become the property of the government.
Restitution
court ordered reimbursement of victims of crimes by the offender.
Community Service
a form of restitution where the offender must work, without pay or for minimum wage, in a social service agency for a specified number of hours.
Ultimate Punishment
death penalty
The death penalty is recognized in how many states?
35 and by the federal government. (31 use it)
Death Penalty Opposing Views
- opponents cite numerous ethical, moral, and legal grounds for its abolishment.
- proponents cite just as many grounds for maintaining and expanding its use.
Advocates for the Death Penalty
- the ultimate form of deterrence that acts as a final form of incarceration and prevents killers from killing again.
- as a society, we accept a punishment fitting the crime and we have enough safeguards built in to ensure the innocent are not put to dea
Opponents of the Death Penalty
- there is no evidence to support the death penalty as a deterrent.
- cost of death penalty is more than life without parole.
- death ends all chances of rehabilitation.
- the imposition of death is too discretionary and mistakes can happen.
-killing by s
Average death penalty case cost in Texas
$2.3 million
homicide
the killing of a human being by another human being
Justifiable Homicide
killing under circumstances sanctioned by the sovereign.
example: capital punishment
Excusable Homicide
killing another by mistake or in self-defense. a killing conducted in a manner that criminal law does not prohibit.
example: self-defense
Criminal Homicide
killing that involves unlawful conduct and evil intent on the part of the killer.
example: murder or manslaughter
Murder
the purposeful, knowing or reckless unlawful killing of another human being.
Malice Aforethought
the distinguishing characteristic which, when present, makes a homicide murder, rather than manslaughter. (not in texas)
Manslaughter
the unlawful killing of a human being, carried out without malice. differs from murder in that malice aforethought and premeditation are lacking.
Voluntary Manslaughter
is simply a murder where there is adequate provocation to justify reducing the defendant's punishment for the killing. (not texas law)
Degrees of Murder
society attempts to divide criminal homicide into two general classifications based upon the seriousness of the crime.
The Two Forms or Degrees of Murder
1. first degree
2. second degree
(not used by texas: voluntarily/involuntarily)
Elements of a Homicide
1. defendant must have acted with the necessary - expressed or implied - intent to kill.
2. the defendant's conduct must have cause the unlawful death of another human being
TPC Code: "Individual
a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
Serial Murderer
one who kills several persons over a period of time, which can range from weeks to years.
4 Types of Serial Murderers
1. visionary
2. mission-oriented
3. hedonistic
4. power/control-oriented
Visionary Serial Killers
murder in response to commands or directions from a voice or vision. many are suffering from some form of psychosis.
Mission-Oriented Serial Killers
believe their mission or goal in life is to rid society of certain types of people, such as prostitutes
Hedonistic Serial Killers
they seek thrills during the murders.
Power-Control-Oriented Serial Killers
seek power over their victims.
Mass Murderers
murderers who kill several victims at the same time in one location
Felony-Murder Rule
a statutory rule applying to deaths resulting from any dangerous felony committed (or attempt) by the defendant.
The Elements of Felony Murder
- the defendant must have committed or attempted to commit an inherently dangerous felony.
- death must have resulted during the commission of a felony.
Adequate Provocation
adequate or reasonable provocation is what makes the difference between voluntary manslaughter and murder. the provocation is adequate if it would cause a reasonable person to lose self-control.
Involuntary Manslaughter
the unintentional killing of another human being caused during the commission of an unlawful act not amounting to an inherently dangerous felony or as the result of criminal negligence.
Negligent Manslaughter
the unintentional killing of another human being caused by the negligence of the defendant.
Euthanasia
another name for mercy killing
The Requirement of a Voluntary Act or Omission and Duty (TPC 6.01)
Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION. (a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) Possession is a voluntary act if the possessor knowingly obtains or receives
Degrees of Intent (TPC 60.2 and TPC 6.03)
Sec. 6.02. REQUIREMENT OF CULPABILITY. (a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
Homicide (TPC 19.01)
Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or cri
Capital Murder (TPC 19.03)
Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the pers
Felony Murder Rule (TPC 19.02(b)(3))
Murder - "Sudden Passion" (TPC 19.02)
Sec. 19.02. MURDER. (a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden pa
Voluntary and Involuntary Manslaughter vs. Manslaughter (TPC 19.04)
Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.
Criminally Negligent Homicide - (TPC 19.05)
Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.
(b) An offense under this section is a state jail felony.