Criminal Law And Procedure

It is to protect the public.

The Model Penal Code (MPC).

This is an organization of lawyers, judges, and scholars that publishes restatements of the general common law of the U.S. as well as model statutes.

A crime is a public wrong committed against the state, as distinguished from a tort, which is civil wrong to an individual.

• A plaintiff in a civil action must prove all the elements of recovery by a preponderance, or greater weight, of the evidence.
• The state must prove all the elements of a crime beyond a reasonable doubt, a much higher standard.

To ensure that the evidence offered at trial is relevant, reliable, and not unfairly prejudicial.

• All crimes require a physical act, and most require criminal intent.
• Concurrence of a wrongful act with wrongful intent or state of mind is required.

Strict liability crime.

Health code violations, statutory rape, bigamy, and speeding.

It required the defendant to have performed a voluntary physical act.

It occurs when a person has a legal duty to act and does not.

Example: failure to file a tax return.

It is the actus reus (the guilt act).

Note: A thought is not an act. Bad thoughts alone, therefore, do not constitute a crime.

Criminal intent.

Objective fault or subject fault.

1. Carelessness,
2. Negligence, or,
3. Have reason to know that certain conduct is prohibited.

1. Negligence homicide.
2. Careless driving.
3. Receiving stolen property having reason to know it was stolen.

Subjective fault.

A purposeful fault.

Example: larceny.

A knowing fault.

A reckless fault.

Example: Reckless homicide resulting from the reckless operation of a motor vehicle.

Subjective fault.

Note: Motive does not determine criminal liability.

Crimes.

A felony is a crime punishable by death or incarceration for more than a year in prison.

A misdemeanor is a lesser crime, punishable by a fine or incarceration for less than one year in jail or a detention center.

Inchoate crime.

Inchoate offenses.

Attempt.

Aiding and abetting.

Solicitation.

A conspiracy.

1. Danger to the person.
2. Crimes against property.
3. Crimes against the family.
4. Crime against public administration.
5. Crime against public order and decency.

• Murder.
• Manslaughter.
• Reckless homicide.
• Robbery.
• Sex offenses.
• Assault.
• Kidnapping.

• Business frauds.
• Forcible robbery.
• Burglary.
• Arson.
• Larceny.
• Forgery.

• Bigamy.
• Child abuse.
• Incest.

• Bribery.
• Resisting arrest.
• Escape.
• Perjury.
• Obstructing justice.

• Drunkenness.
• Prostitution.
• Loitering.
• Disorderly conduct.

He or she must have engaged in unjustified criminal behavior with criminal intent.

Involuntary.

Voluntary behavior.

Reflex action, sleepwalking, seizures, blackouts, or other similar circumstances.

Whenever a mental disease or defect is asserted to have resulted in a lack of control over a defendant’s action.

Note: The defendant has the burden to prove the insanity defense

When the defendant is coerced by another person.

An honest mistake of fact can be a defense to a specific crime, whereas, a mistake of law is ordinarily not a defense, even if the ignorance or mistake was reasonable.

If it negates an element in a crime.

Note: The consent must be knowingly and voluntarily given without duress or fraud.

If the intent to commit a crime originates with the activities of law enforcement officers and not the defendant.

The criminal plan originated with law enforcement officers, and the defendant was not predisposed in any way to commit the crime.

Voluntary and involuntary.

Voluntary intoxication.

When a person either was unaware that a substance contained a drug or was physically forced to ingest a drug or substance containing a drug.

Statute of limitations.

Criminal procedures.

U.S Constitution, state constitutions, state statutes governing police activities, court procedures, and sentencing matters.

Constitutional limitations.

Fourth, Fifth, Sixth, and Eighth Amendments.

Fourth Amendment.

Fifth Amendment.

Sixth Amendment.

Eighth Amendment.

The exclusionary rule.

The exclusionary rule.

Probable cause.

The quantity of evidence that would lead a reasonable person to believe that the defendant probably committed a crime.

Search warrant.

In a search incident to a lawful arrest.

In a search of a motor vehicle.

In a search of a person in the presence of an arrestee.

In a search incident to detention.

Consent search.

Note: By giving consent, an individual relinquishes any right to object later on constitutional grounds.

Evidence seized as a result of the search is admissible in court despite the lack of a warrant and of probable cause to search.

Plain view.

An arrest.

In fine, imprisonment, or both.

The constitutional requirements of the Fourth Amendment of the U.S Constitution.

• When they have reasonable grounds to believe that a felony has been committed by the arrestee.
• An officer also may make a warrantless arrest for a misdemeanor committed in his or her presence.

Whenever a state or federal law enforcement officer makes an arrest or otherwise deprives an individual of freedom of action in any significant way.

An officer is required to give the accused certain warnings about his or her constitutional rights.

Booking.

• The suspect makes an initial appearance to be informed of the charges.
• A defense attorney is appointed, and bail is set or denied if necessary.
• The case then proceeds to the preliminary hearing, at which a probable cause determination is made.
• The case is then reviewed by a grand jury or a magistrate to determine whether the evidence is sufficient to try the suspect.
• If it is, an indictment or information is issued, and the suspect is arraigned.
• The case then goes to trial if a plea bargain is not reached.
• If the suspect pleads guilty or is convicted at trial, sentencing follows.
• An appeal from a guilty verdict is always allowed.

White-collar crime.

embezzlement, bribery, and fraud.

Organized Crime Control Act.

It was enacted to combat organized crime’s control of legitimate businesses.

The Federal Organizational Corporation Sentencing Guidelines.

An amount in the offense-level fine table; the organization’s gain; or the loss to the extent caused intentionally, purposefully, or recklessly.