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Exploring Crime and Criminal Law: Insights from CJUS 101

Discover the intricate world of crime and the criminal justice system as defined in CJUS 101. Unravel the various types of crime, from street crime to victimless crime, and explore the foundations of criminal law, including natural law and societal perspectives. Delve into criminal intent and explore key defenses such as insanity and mistake of fact. Gain insights into the classification of crimes, from felonies to misdemeanors, and understand the complexities of criminal attempts and laws in the United States. This comprehensive overview will provide a deep understanding of the dynamics of crime and the nature of law.

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Exploring Crime and Criminal Law: Insights from CJUS 101

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  1. Understanding the Criminal Justice System CJUS 101 Chapter 1: Crime and the Nature of Law

  2. Crime • What is crime? - different to different people a. Society / system give names - street crime / white collar crime / blue collar crime / organized crime - victimless crime / drug induced crime / hate crime / personal crime / property crime b. Any violation of a written criminal law

  3. Crime - must be written - carry a penalty (1) City / county ordinances - cannot oppose state law (2) State law - cannot oppose federal law c. Natural law - origin of crime today

  4. Crime (1) Determines right from wrong - higher laws - rational beings should understand (a) Interpretation of natural law - varies as to society / culture (b) Inquisition / rustling (2) Belief in natural law - body of power determines

  5. Crime - power made valid by nature - no acceptable definition - unable to decide “natural” crimes d. What makes a person’s actions a crime? - how do we make criminal law (1) (D. Frost) “A broad definition of crime in England is that it is any lower-class activity which is displeasing to the upper-class.”

  6. Crime (a) Displeasing / deviant to society - drunk in public / disorderly / etc. (b) Satisfy middle / upper-classes (2) Sociology of deviance - dangerous / embarrassing / irritating (a) Labeling process (b) Associates ‘deviant behavior’

  7. Crime (c) Behavior people label - clothing / tattoos / hairstyle (3) Prohibition (1919) - 18th Amendment (4) Abortion (1992) - Roe vs. Wade - killing fetus vs. women’s rights (5) Divided the country

  8. Crime • Crime - legal definition - Latin - judgment / accusation / offense a. Definition used: “Intentional act or omission in violation of criminal law committed without defense or justification, and sanctioned by the state as a felony/misdemeanor.”

  9. Crime (1) Intentional act / omission - action - fail to act - simple statements (2) In violation of a criminal law - valid / written - statute (3) Without defense / justification - protection / legal act

  10. Crime (4) Sanctioned by the state as a crime - written law - felony / misdemeanor - with penalty b. Actions also criminal (1) Failure to act - legal duty - take responsibility - varies by state

  11. Crime (2) Misprision of a felony - committed by another - try to conceal - required to report all felonies (3) Conspiracy - cohort / conjunction with another - objective / plan / overt act 3. Criminal intent - “mens rea” (Latin) = guilty mind

  12. Crime a. Right from wrong - intended to commit crime (1) Washington state law: - “A person acts with intent or intentionally when he acts with objective or purpose to accomplish a result which constitutes a crime.” b. Types of intent - varies from state to state

  13. Crime (1) Specific intent - intended prohibited act (2) General intent - conscious wrong-doing - prohibited result (3) Transferred intent - transfer intent to another - “bad aim”

  14. Crime • Defenses a. Insanity - legal term (1) M’Naghten Rule (1843) - English law (2) Durham Rule (1954) - mental defect - at time of offense

  15. Crime (a) Federal law - judge determines - not jury (state) (b) Montana law - no constitutional right - guilty by reason of insanity b. Mistake of fact / age / identity (1) Fact – illegal to possess

  16. Crime (2) Age - pornography / statutory rape (3) Identity - street vs. prescription drugs c. Mistake of law - must be known d. Duress and consent - immediate harm against person / family

  17. Crime e. Entrapment - police plant idea of crime - not inclined to commit act (1) “Origin of intent” - must be predisposed - “police conduct test” (2) Examples: - Tampa’s Bum Decoy Operation - Sea-Tac Airport sting operation

  18. Crime f. Intoxication - “no act shall be deemed less criminal” - particular mental state of accused g. Justification (1) Justifiable homicide - legal reason - execution / dangerous fleeing felon (2) Excusable homicide

  19. Crime - legal act - caused death of another • Classification of crimes - law must be sanctioned - mala in se - mala prohibita a. Washington state law (1) Felony

  20. Crime - serious crimes - against the state (a) Degrees - first / second / third (b) Classes - A: 20 years / $50,000 - B: 10 years / $20,000 - C: 5 years / $10,000

  21. Crime (2) Misdemeanors - Gross: one year / $5,000 - Misdemeanor: 90 days / $1,000 b. Criminal attempt - one class lower - attempts 1st degree robbery = 2nd degree - excludes murder / arson • Laws in the United States - many classifications

  22. Crime a. Constitutional law - highest law - Constitution / Bill of Rights / amendments b. Criminal law - customs / beliefs / natural law / Bible / etc - based on common law

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