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Understanding the Criminal Justice System

Understanding the Criminal Justice System. CJUS 101 Chapter 1: Crime and the Nature of Law. Crime. What is crime ? - different to different people a. Society / system give names - street crime / white collar crime / blue collar crime / organized crime

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Understanding the Criminal Justice System

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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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