CHAPTER 14. Criminal Law and Juvenile Law

Similar documents
UNIT 2 Part 1 CRIMINAL LAW

CRM 321 Mod 5 Lecture Notes

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property.

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row:

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss.

The Sources of and Limits on Criminal Law 1

Criminal Law Outline intent crime

CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #2 MODEL ANSWER. 1. With what crime or crimes should Dan be charged? Discuss.

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY

214 Part III Homicide and Related Issues

Question What criminal charges, if any, should be brought against Art and Ben? Discuss.

BUSINESS LAW. Chapter 8 Criminal Law and Cyber Crimes

Administrative-Master Syllabus form approved June/2006 revised Page 1 of 1

Business Law Chapter 9 Handout

Introduction to Criminal Law

Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests

Criminal Justice: A Brief Introduction Twelfth Edition

BUSINESS LAW Chapter 3 PowerPoint Notes & Assignment Criminal Law

MBE WORKSHOP: CRIMINAL LAW PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW

Section 9 Causation 291

Section 20 Mistake as to a Justification 631. Chapter 4. Offenses Against the Person Article 1. Homicide Section Murder in the First Degree

Chapter 8. Criminal Wrongs. Civil and Criminal Law. Classification of Crimes

CRIMINAL LAW OUTLINE1

GOULD S BAR EXAM FLASH CARDS FOR CRIMINAL LAW

LEGAL STUDIES U1_AOS2: CRIMINAL LAW

1 California Criminal Law (4th), Crimes Against the Person

1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention

HSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)

California Bar Examination

Question Are Mel and/or Brent guilty of: a. Murder? Discuss. b. Attempted murder? Discuss. c. Conspiracy to commit murder? Discuss.

SKILLS Workshop Series Academic Support:

Peak, Introduction to Criminal Justice, 2e. Chapter 2 Foundations of Law and Crime: Nature, Elements, and Defenses

Assault and Battery Common Law

(C) Under this Ordinance, any person who engages in any sexual

The defendant has been charged with second degree murder. 1

The defendant has been charged with first degree murder.

Criminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return

CRIMINAL LAW CHART OF BLACK LETTER LAW DEFINITIONS & ELEMENTS

State Qualifying Exam Preparation Guide

TIER 2 EXCLUSIONARY CRIMES

Criminal Law Outline

End of First Nine Weeks

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

BARRIER CRIMES FOR CHILD DAY PROGRAMS

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington

Barbados. POLICE 2. Crimes recorded in criminal (police) statistics, by type of crime including attempts to commit crimes

VOLUNTARY MANSLAUGHTER INCLUDING SELF-DEFENSE (IN THE HEAT OF

VIRGINIA ACTS OF ASSEMBLY SESSION

Criminal Justice in America CJ Chapter 4 James J. Drylie, Ph.D.

Question What legal justification, if any, did Dan have (a) pursuing Al, and (b) threatening Al with deadly force? Discuss.

MLL214 CRIMINAL LAW NOTES

1 SB By Senators Ward, Fielding, Keahey, Bedford, Whatley, Marsh, 4 Waggoner and Sanford. 5 RFD: Judiciary. 6 First Read: 14-FEB-13

Homicide. Motor Vehicle Offenses Resulting in Death. First Degree Murder. Second Degree Murder. For example. Involuntary Manslaughter

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?

Lecturer: Miljen Matijašević G10, room 6/I, Tue 14:15-15:15. Session 3, 16 Oct 2018

CRIMINAL LAW: TEXT AND MATERIALS

CRIMINAL LAW ESSAY SERIES ESSAY QUESTION #1 MODEL ANSWER

Date Jan. 5, 2016 Original X Amendment Prepared: Bill No: HB 037 Correction Substitute. APPROPRIATION (dollars in thousands)

CHAPTER Committee Substitute for Senate Bill No. 1282

H 5104 S T A T E O F R H O D E I S L A N D

VIRGINIA DEPARTMENT OF SOCIAL SERVICES Page 1 of 8 (Model Form)

Answer A to Question 2

SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number

SUMMER 2009 August 7, 2009 FINAL EXAM SAMPLE ANSWER

H 5447 S T A T E O F R H O D E I S L A N D

FALL 2011 December 12, 2011 FINAL EXAM SAMPLE ANSWER MULTIPLE CHOICE

CHAPTER. Criminal Law

MINNESOTA STATUTES 2016

QUESTION What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss.

Section 11 Impossibility Relying only on your own intuitions of justice, what liability and punishment, if any, does John Henry Ivy deserve?

SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number

Date Jan. 7, 2016 Original X Amendment Prepared: Bill No: HB 056 Correction Substitute. Agency Code: 264. APPROPRIATION (dollars in thousands)

SWORN STATEMENT OR AFFIRMATION FOR CHILD-PLACING AGENCIES Please Print

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Lecture 3: The American Criminal Justice System

Chapter 4-1 Criminal Law

Question 2. Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill began buying and selling illegal drugs.

FEDERAL STATUTES. 10 USC 921 Article Larceny and wrongful appropriation

Third District Court of Appeal State of Florida, July Term, A.D. 2007

692 Part VI.b Excuse Defenses

Florida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat.

Classification of Crimes and Basic Elements of Criminal Responsibility

MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT

UNIFORM FELONY BAIL SCHEDULE (PENAL CODE)

Law 12 Substantive Assignments Reading Booklet

IMMIGRATION CONSEQUENCES OF SELECTED North Carolina OFFENSES: A QUICK REFERENCE CHART

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 1007 SUMMARY

Second Look Series CRIMINAL LAW OUTLINE

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

22 Use of force in effecting arrest

PITFALLS IN CRIMINAL JUDGMENTS: MULTIPLE CONVICTIONS Special Superior Court Judge Shannon R. Joseph (prepared for June 2011 conference)

Colorado Legislative Council Staff

Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks

SometimeS it S a CRime

DETAILED CONTENTS. Preface xi. 2. Constitutional Limitations The Nature, Purpose, and Function of Criminal Law 1

Transcription:

CHAPTER 14 Criminal Law and Juvenile Law

CRIMINAL LAW Chapter 14 Section I

Case File and 345-347 Review the case file at the beginning of the chapter. Think about the situation (however exaggerated it may be) and consider it. In your opinion, who is responsible for the fight? Who is responsible for the injury sustained? Should anyone be held criminally accountable? Is there any civil case here? Explain your position. What does it mean when we hear innocent until proven guilty in criminal law? Discuss the various purposes of criminal laws? Are our laws only designed to punish those who commit crimes? Explain Are there any issues with the goals of criminal law? Pick one of the goals of criminal law that you find (even slightly) to be questionable. (This means you may not agree that this should be a goal of criminal law). Explain your position Now think more about your position. In a few sentences explain the opposite, why this is an important aspect of criminal law. What is Mens Rea? Why does Mens Rea play an important role in criminal law What are the four states of mind under criminal law? How does Mens Rea (ray-uh) differ from Actus Reus (ray-us / rey-us) Vocab.

Criminal Law Purposes of Criminal Law Deterrence Prevent people from committing crimes through understanding that they will be punished Rehabilitation Through penalties for crimes criminals (in theory) should benefit from educational / training and treatment programs Incapacitation Simple removal of a person from society to prevent them from injuring others (prison / death) Retribution Society seeks vengeance on those who commit crimes Elements of a Crime Mens Rea State of Mind Purposeful Act Action with intention Shooting a gun at someone with the intention of hurting them Knowing Act Purposeful act with understanding of results Shooting a gun in a crowded room but with no real target Reckless Act An conscious disregard for the consequences of an action firing a gun into the air in a crowded part of town Negligent Act unjustifiable risk but with no disregard for the risk firing a gun into the air in an open, rural area and the bullet happens to strike the only other person for miles. Actus Reus the action of the crime pulling the trigger on a gun must be a voluntary act Not all crimes require Mes Rea but all do require Actus Reus, when they concur Mens Rea must precede Actus Reus

Case Study (348-353) Read United States v Falkowski Answer all case analysis questions What were the conclusions of the court in regards to Double Jeopardy? What role did Falkowski s plea play in his ability to be held accountable civilly and forfeit his property. Read application 14.2 Using this case what do the terms willfully, maliciously and wantonly mean? Do these terms describe the mens rea or the actus reus of a crime?

Crimes 354-361 Who can crimes be committed against? What types of crimes can be committed against each? What is the difference between a felony, misdemeanor and a petty offense? Which is the most serious? Which is the least? Most people would consider homicide a crime. When is homicide not a crime? Discuss the difference between first degree and second degree murder and manslaughter Identify the differences (using the internet) between voluntary and involuntary manslaughter. Explain. How does mens rea play a part in the difference between murder and manslaughter? What is Assault? What is Battery? Can you have one without the other? Explain. What are the differences between Kidnapping and False Imprisonment? Can you have one without the other? Explain. Read application 14.5 on page 362 complete Questions 1 and 2 for discussion in class Vocab.

Crimes Remember State Laws Differ Homicide The taking of the life of one person by another not all homicides are crimes for a homicide crime to be committed there must be criminal intent (mens rea) First Degree Murder Premeditated, willful and deliberate killing (arson, rape, armed robbery that result in death of an individual) Second Degree Murder Impulsive act of killing as a result of action no preintention to kill you get in a fight with someone and in the scuffle you punch him - he falls down the stairs and dies. You know that the actions you are taking could possibly result in death Killing done impulsively without premeditation but with malice aforethought (thought of at the last minute) A killing that results from an act intended to cause serious harm A killing that results from an act that demonstrates an indifference to human life Manslaughter the unintentional killing of an individual (NJ) Voluntary Manslaughter (crimes of passion) killing as a result of being provoked in a manner that any reasonable person may be provoked (NJ) Involuntary Manslaughter disregard risk causes the death of another person Felony Murder (NJ) You and your friend rob a store at gunpoint (felony) your friend shoots and kills the clerk you can be charged with felony murder. No death penalty 8 th amendment for the person who doesn t actually do the killing

Crimes Continued Assault / Battery Battery Reckless, intentional offensive, harmful touching of another person Assault placing a person in apprehension or fear of an imminent battery Kidnapping and False Imprisonment Kidnapping Unlawful taking of, confinement of, and carrying away of a person by threat of force, fraud or deception False Imprisonment unlawful taking and confinement of another person through force or threat The retraining of someone as to interferer with their liberty without cause.

Burglary Burglary unlawful entering into a structure to commit theft or a felony a victim does not have to be present First and Second Degree (pg. 362) Robbery taking something from someone that has value by utilizing intimidation, force or threat a victim must be present First Degree Armed Robbery or if you inflict harm on the victim Second Degree - All other Robbery Larceny unlawful taking you do not have to enter into a structure and a victim does not have to be present You reach into an open car window and take someone s phone Grand Larceny Based on value of property often >=$500 Petty Larceny - <$500 Breaking and Entering entering a residence or other enclosed property through any amount of force (even opening a door) but with no intention to commit a crime. Sometimes this term is just used interchangeably with Burglary

Case Studies Read Roy V Gomez (356-358) Answer all Case Analysis Questions Read Schweinle v Texas (359-361) Answer all Case Analysis Questions Model Penal Code is located in Application sections of the chapter

JUVENILE LAW Chapter 14 Section II

Essay Assignment and Juvenile Law (362-364) Posted on Google docs is the Case Miller v Alabama regarding Juvenile Life Sentences Begin reading this case tonight (you do not have to read the whole thing tonight) and review the essay assignment provided, also on google docs. The due date will be assigned in class. Discuss the changing trends in the Juvenile Justice system since 1900. How have things changed? Do you think we are moving in a positive direction or negative direction regarding the court s attitude towards juvenile delinquents? Why? What is the major purpose of the juvenile justice system? Is this different than the adult system? How? What rights do juveniles have in the legal system? What rights do they not have? Vocab.

Case Studies Read In re Gault and Breed v Jones 364-367 Answer all case analysis questions By the way In re just means The case regarding

Application and Analysis Complete Questions 1 and 3 under Application and Analysis Complete Assignments and Projects 1 and 2 Use the internet to find out if Juveniles can be charged as adults in New Jersey Under what conditions and under who s discretion?