gorging on food and because of too much sugar they commit a criminal act.
every one has its own conduct norms [standards of right and wrong] (business, prostitutes, drug dealers).
crime consists of inaction when there is a legal duty to act. [A parent who fails to rescue a drowning child.]
Act of Omission
judge-made law from England; developed through new cases; judges riding the circuit.
In 1962 made it a misdemeanor to be a drug addict. After Robinson, the Supreme Court ruled it unconstitutional because only human action can be prohibited under threat of punishment.
Robinson v. California
“guilty mind”- intent to commit the crime-evil mind
- public duty
- self defense of others and defense of property
- superior orders
- vicarious criminal liability
- statue of limitations
- post partum psychosis
officer using force to affect lawful arrest.
ordered to do something illegal.
police coercing someone into committing a crime.
agency’s lack of training of police.
vicarious criminal liability
certain amount of time to initiate prosecution
statue of limitations
after child brith, mother goes through major behavioral changes
post partum psychosis.
7 basic principles of criminal law:
- Legality: Is there a law that makes something
- Conduct: Only the acts of Persons can be covered by criminal law (Acts Reus)
- Harm: Protecting a legally recognized value
- Causation: Bringing about the farm
- Mens Rea (Guilty Mind)- Criminal intent to commit the crime
- The Concurrence Requirement- criminal act must
- be accompanied by criminal mind.
- The Punishment Requirement- law must prescribe a
- punishment for violations.
selection of the jury members
set up by President Lyndon Johnson in the 1960s. It is a program for preschool children form low income families that is intended to provide experiences that will enhance school readiness.
- The defendant did not know the nature and quality of his or her act
- The defendant did not know the wrongfulness of his or her act.
A defendant may be acquitted if he or she was unable to control the action due to mental illness.
"Irresistable Impulse" defense
tells us why people do not break the law.
Social Control theory
said delinquent gangs emerge in economically deprived areas of larger American cities. Working class males, frustrated by their inability to compete successfully with middle-class youngsters, set up their own norms. They define “success” in ways that to them seem attainable.
offenses that are inherently bad, such as murder, rape and robbery.
Mala in se
absolute criminal liability is frequently imposed, meaning wrongs that are merely prohibited.
criminal liability may be imposed without any proof of mens rea. Most offenses are regulatory or public welfare offences [violations of traffic laws, selling food, dispensing medicine, and operating licensed businesses.
Strict Liability offenses
Four states of mind:
purposeful, knowing, reckless, and negligent.
also known as a petty crime, is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .
all state courts in the country must apply the exclusionary rule as a matter of constitutional law.
Mapp v. Ohio (1961)
or antisocial personality, is characterized by an inability to learn from experience, a lack of warmth, and no sense of guilt.
civil wrongs for which the law does not prescribe punishment but merely grants the injured party the right to recover the damages.
a severe crime subject to punishments of a year or more in prison or to capital punishment.
less severe crimes, subject to a maximum of one year in jail.
prescribes four states of mind that reflect an offender’s mens rea: purposeful, knowing, reckless, and negligent.
Model Penal Code
(to adhere to decided cases) reluctance of courts to extend the law, the preference to stick to previous decision.
Prisoners often seek release by filing a petition for a writ which is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
the Supreme Court mandated that every criminal defendant in whatever court- is entitled to the assistance of counsel (legal advice).
Gideon v. Wainwright (1963)
the body of evidence that constitute the offence; the objective proof that a crime has been committed.
an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors.
a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior.
argues that our society holds out the same materialistic goals (the “American Dream”) to all members without giving them equal means to achieve them.