I. overviewA. criminal justice course1. study of crime and societies response to crimeII. CrimeA. concept of crime1. concept its self is vague B. definition of crime1. legalistic aspecta. crime is violation of criminal law- tort: a civil wrong; not considered blame worthy (not being judged); if you harm someone and cause them damage you can be legally liable to pay them compensation; a lawsuit (ex: hurt them in car accident). state is neutral. between two people. cant go to jail- crime: violation of specific set of laws (criminal law) .will be judged- one crime can be a crime and a tort; go to court twice.. ex: OJ simpson b. example: holocaust- fuhrerprinzip.basic principle of German government. anything that Hitler ordered was the law-could not be tried; they were following the law under the principle above.did nothing criminal; hitlers word was law- got tried anyway in nurenberg court. created especially for them. ignored German law; just so horrible they had to be killed2. moral definitiona. crime is seriously immoral behavior-how the Germans in nurenberg got tried- abortion . just as natzi murdered people although it was legal; abortion ismurder even though it is legalb. we like crime shows because they grab us - feel invested in behavior; want bad guy caught c. get mad when people get away with moral behavior 3. violation of social norms definition (sociological definition)a. norm = rulesb. violate social rulesc. doesn’t matter whether I think act is bad or not – have to base it off of everyone’s opinion C. Durkheim1. no real definition of crime; depends upon the country and societal norms2. ex: hitting someone in boxing vs. on main street3. notion of crime is unstable; always changing 4. not so much the act itself but how people respond to itIII. how to breakdown crimeA. crimes against “the person” 1. who is the victima. usually their body is the victim b. considered most seriousB. crimes against property1. theft, burglary, vandalize someone’s house C. crimes against the public order1. least serious 2. no single person is victim3. ex: littering, loitering, vandalizing street sign, im shmacked riotD. crimes against state1. USA/state is the victim2. ex: sometimes terrorism, tax invasion, treason (only crime in constitution), espionage E. victimless crime1. ex: prostitution 2. a lot of people do not consider them real crimesIV. how to breakdown crime by locationA. street crime1. happen in “street”; public space2. most often are things like robbery or assault; getting jumped, car broken in to, pick pocketing3. target of opportunity 4. public crimes – don’t have to be violentB. “suite” crime1. in the workplace by employees 2. white collar crimea. embezzlement, tax evasion, b. non violent crime; professional crime, selfish crime (only benefits self)c. Bernie mayhoft – largest ponzie scheme ever (big scheme to defraud a whole bunch of people out of their money)d. neal caffrey <33. corporate crimea. non-selfish crimeb. committing crime for the benefit of the organization c. bribing officials to keep their business goingC. domestic crime1. crime that happens within the household2. child abuseV. felonies vs misdemeanors (third way to classify crime)A. felony can result in more than a years time in jail1. Delaware: class A felony to class G felony2. minimum sentence is a yearB. misdemeanor can be up to a year in a jail1. max sentence is a yearVI. criminal lawA. substantive criminal law1. deals with legal definition of crime2. what is a crime as understood in the law3. rules you have to obey as citizen to avoid be arrestedB. criminal procedure1. everything that happens to you after you’ve been arrested2. trial, evidence, booking, jury selection, etcVII. two main ingredients of (almost) every crime ((actus reus + mens rea = crime))A. actus reus1. “bad act”2. some physical thing you have to do in order for an act to be considered a crime3. ex: actus reus of murder is killing somebody 4. actus reus of attemped murder – 5. crime of omission (failure to act), commission (act)6. don’t save someone from dying – no act – not a crimea. one exception: pre-existing duty to act- if it’s your family member, agreed to watch someone, 7. inchoate crimea. is not completed yet – moving in that direction b. allow cops to step in and stop someone before they result in harm c. ex: attempted murder, solicitation (asking a prostitute how much she cost), conspiracy (agreeing to commit a crime with someone) 8. stalkinga. often leads to violenceB. mens rea1. “bad mind” ; accompanying mental state 2. malice; if you kill someone without mens rea (malice) its not murder 3. intenta. conscious choice to cause harm; doing act intentionallyb. gets highest punishment4. recklessnessa. less blameworthy than intentb. did not intend to hurt someone; conscious risk taking c. aware you are doing something dangerous, but not trying to harm anyoned. conscious act5. negligence a. you don’t know that you are creating a risk/doing dangerous behavior b. gross deviance from the standard of care a reasonable person would give c. criminal stupidity; thinking a medal will protect you so you drive on sidewalkC. no mens rea (still crime)1. having sex with a 13 year old girl – statutory rape. No intent, recklessness, or negligence; incentive: sex2. strict liability offensesa. no mens rea requirementb. all you have to do is commit the actus reus to be guilty of the offense c. ex: selling alc to underagers that have fake ID; incentive: making moneyD. defense1. claim from would be criminal that either mitigates (to make the punishment less) or exonerates (makes him not guilty) the offense2. three main categories of defensea. justification- says that yes I did it, but what I did was the right thing to do. - ex: self defense (has to be last resort)b. excuses- says I did, I had the AR and the MR, and I know it was wrong, but for some reason (insert reason here) you shouldn’t punish me- ex: insanityc. failure of proof- I didn’t do it; im innocent (criminal court does not proof innocence. not guilty and innocence are different- burden of proof. on state/prosecutor/government to show that someone is guilty; give proof (AR + MR)- lesser included offense. if you are charged with intentional homicide, you can be convicted of a lesser offense if the jury chooses so . discretion 3. self defense (justifications)a. must be last resort- traditionally, you have to duty to leave; can only use