CCJS 230 Notes 1 30 14 We engage in a social contract with each other we know not to steal kill rape etc Big 4 Crimes murder rape robbery burglary Rape is not about sex it s about power and exerting control Common law brought over from England Murder malice aforethought premeditation Rape sex forced on a woman by violence or threat of violence Manslaughter death of another human being resulting from unsafe actions Robbery theft from a person Burglary stealing from a place Larceny theft breaking in to a car pickpocketing etc Sodomy common law anal intercourse between two men with or without consent today Assault unwanted touching from one person to another Arson deliberately setting something on fire today used in insurance fraud Mayhem very egregious assault causing disfigurement MR MRS LAMB Most common law has been thrown out and included in statutes by the individual states Laws divided into state and federal Federal supersedes state charges charged 2 27 14 3 27 14 Inchoate Crimes Attempts Cons Solicitations Criminalizing the attempts conspiracy or hire for a crime Thought police Goal neutralize dangerous people before they commit a dangerous act Attempts not completing but taking steps towards completing a criminal act substantial steps test intent and purpose to commit a specific crime and an act to carry out the crime Plato one who attempts to kill another and only wounds them is still at their heart a murderer Murder is the most egregious crime there can be no attempt to fix it Originally there was manslaughter and murder and no equivocations about them The crimes and their punishments were absolute Now we consider mitigating circumstances Three types of homicide 1 Justifiable murder self defense capital punishment law enforcement use of deadly force immediate threat of death or serious injury to officer or others fleeing felon rule deadly force to stop a felon you can t catch only there is risk of injury loss of life fleeing violent felon Reasonable Police Officer Standard 2 Excusable homicides killings by someone not of a sound mind insanity immaturity too young to commit the crime 3 Criminal homicides a Personal of sound memory or discretion excuses the insane or infants b Without justification or excuse c Killeth by poisoning striking starving shooting stabbing etc another d A reasonable creature in being a human already born alive and breathing in the time of the killing e Anyone subject to the King s peace not an enemy combatant f With malice aforethought Degrees of Murder 1st degree life to death penalty pre meditated intent to kill 2nd degree 20 to life Felony murder intentional or unintentional that happens while you re committing a violent felony Depraved heart murder unintentional but extremely reckless murder recklessness that leads to physical harm very very VERY reckless consciously creating a risk of criminal harm 4 3 14 Not a mandatory presumption a permissible inference in court Deadly weapon doctrine permissible reasonable inference that one who intentionally uses a deadly weapon on another human and thereby kills him presumably intends to kill him Manslaughter arises from the sudden heat of passion murder arises from the wickedness of the heart Difficult but important to prove intent Manslaughter developed in the common law voluntary and intentional but absent of malice letting your anger get the best of you in the worst way lose self control involuntary and unintentional Still a felony 4 7 years designed to understand human frailty and human passions Requires adequate provocation unlike murder blaming the victim to a degree Sudden trigger that sets off the killing of another human being Provocation recognized in the law Defendant himself has to be provoked no transferred provocation Must provoke a reasonable person under the same circumstances Act from passion rather than reason 4 Recognized 1 Mutual combat consented fight leading one person to kill the other 2 Assault Battery 3 Trespass home or business is invaded and one is threatened with death 4 Adultery Can be no cooling off period Paramour rule only available to men if a man catches his spouse in the act of adultery he can kill her Does not exist today Involuntary manslaughter criminal negligence manslaughter unintentional killing by a voluntary act or omission Defendant s acts create a high risk of death or serious physical injury substantial unjustifiable risk Defendant is aware of these high risks but commits the act anyways You are required to provide medical care for someone sick or injured certain people Ex Parents legally obligated to save their drowning child Delivery of dangerous drugs junkies helping each other shoot up Failure to provide accurate fire exits Misdemeanor manslaughter Minor assault leads to unfortunate incident death Abolished because is too harsh now just a simple assault Rape forcing sex on a woman Aggravated rape deadly weapon and or physical injury Acquaintance rape non consensual sex between people who know each other Acquaintance rape is unlikely to be convicted 80 of unreported rapes were acquaintance rape 75 of reported were acquaintance rape Common law intercourse between a man and woman who wasn t his wife intercourse without consent victim had to promptly report the incident there had to be a corroborating witness abolished now husband can be charged with rape of his wife offensive touching of a sexual nature Sexual offenses now include all sexual penetrations oral and anal Actus reus forcing sex Mens rea ignoring lack of consent Circumstance non consent from victim In the common law victims had to show they forcibly resisted rape Resistance nearly to the point of death Now there are extrinsic and intrinsic tests to see a demonstration of force puts focus on assailant Statutory rape designed to prevent adults from having sex with a minor Reasonable mistake of age defense in a few states not Maryland Jury nullification when jury ignores law and refuses to convict P 130 Levels of Culpability Purposely trying to commit a crime recklessly not trying to but actions lead to a criminal act conscious disregard negligibly one SHOULD be aware of risk but is NOT aware of a substantial and unjustifiable risk caused by their conduct but does the act anyways knowingly practically certain conduct will result in a criminal act Strict liability something so dangerous you re strictly liable if you mishandle it leave a stick of dynamite lying around traffic offenses Final exam is