1 / 22

Understanding the Criminal Justice System

Crime. What is crime?- different to different peoplea. Society / system give names - street crime / white collar crime / blue collar crime / organized crime - victimless crime / drug induced crime / hate crime / personal crime / property crimeb. Any violation of a

flint
Télécharger la présentation

Understanding the Criminal Justice System

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    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 persons 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. womens 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) MNaghten 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: - Tampas 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

More Related