Chapter 6 Lessons in Criminal Law Introduction o One role of a police officer is to the criminal law In this sense the police are the to the criminal justice process Enforce gatekeepers o What triggers the criminal justice process The decision to arrest a person Affidavit o What are the two purposes of the affidavit o After arresting someone the officer must prepare an for the court s review 1 Outlines the details surrounding the criminal event 2 Officer tells the court what information he or she used to formulate probable cause what evidence points to this person as being the one who perpetrated the offence o The of a crime refer to the actions that constitute a particular crime The Nature of Criminal Law Elements o All criminal acts consist of a or the body of a crime Corpus delicti o The body of a crime corpus delicti contains what two parts Mens rea and actus rea o means the guilty mind and refers to the mental state of the suspect o pertains to the elements or physical acts that define a particular crime o The term mens rea means that the suspect has the ability to form Mens rea Actus rea Criminal intent o Most states make special allowances for they assume that children under a certain o What are some examples of people who may not have the ability to form criminal age do not have the ability to form Juveniles criminal intent intent Mentally retarded Someone suffering from psychological disorder Elderly person who is senile responsibility due to Intoxication o One concern that arises with mens rea is the notion of a temporary lapse in criminal o What does the Model Penal Code say about intoxication and mens rea Intoxication is not a mental disease Alcohol consumption or drug use does not excuse someone from wrongdoing if the state of intoxication was voluntarily or self induced o A is a serious crime punishable by more than one year imprisonment o A is a minor crime that carries a maximum confinement of up to one year Felony Misdemeanor o The same behavior can carry different penalties depending upon the crime and o Generally speaking an officer may not make an arrest for a unless that crime takes jurisdiction Classification geographical place in his or her presence Misdemeanor A felony arrest carries no restriction o For the most part a police officer working the streets needs to concern himself or herself with which component of a crime actus rea the elements of a crime Violent Offenses o Police officer must know what define which crime Elements o What is a homicide The killing of one human being by another o What are the two general classes of homicide Lawful and unlawful o All are homicides but not all homicides are Murders murders Justifiable Homicide o A justifiable homicide is Lawful or to oneself o A justifiable homicide involves the use of to prevent serious or to another Lethal force injury death o The states that there is no duty to retreat from an attack by an intruder into one s home Castle Doctrine Stand Your Ground Excusable Homicide o Excusable Homicide is Lawful Accident misfortune Murder and Manslaughter o What are the types of unlawful homicide o Excusable homicide refers to death that result from an or sheer Murder manslaughter Unnecessary Killing to Prevent Unlawful Act Vehicular Vessel Homicide Assisting Self Murder Killing of Unborn Quick Child by Injury to Mother o A criminal homicide is a when it is committed purposely or knowlingly or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life Murder o is when negligence is present or when homicide takes place under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or cause Manslaughter o In what regard do murder and manslaughter differ In the element of premeditation o A first degree murder involve what three things intent to commit a felony or to cause death or serous the person has thought over the consequences and has still Malice aforethought harm decided to kill the victim Premeditation Deliberation o Manslaughter is an unlawful murder characterized by a lack of implies that the person planned to carry out the killing Premeditation o A manslaughter takes on what standard reaction of a reasonable person standard o Manslaughter can either be or Voluntary involuntary o fits those instances where a death occurs during some extraordinary set of circumstances and where the deceased has provoked the offender Voluntary manslaughter o With voluntary manslaughter the aggressor intends to hurt the other part but is not trying to that person Along with the desire to injure there must be a state of This upheaval is so distressing that it causes the person to lose his her Kill emotional imbalance self control o The temporary loss of control in a voluntary manslaughter is known as the o What are the four conditions that make up the heat of passion or the rule of Heat of passion provocation 1 Provocation must be reasonable 2 The death must take place during the heat of passion 3 There must not be a chance for a cooling off period during the time lapse btw the provocation and the killing 4 The suspect must have acted in the heat of passion if any aspects are missing charge would be MURDER o What is a sufficient level of provocation Act of physical force assault a battery or mutual combat o The standard for voluntary manslaughter is the reaction of Reasonable person does not try to kill somebody o is a catchall every unintentional killing is if it is neither murder not voluntary manslaughter nor within the sense of recognized justification or excuse Involuntary manslaughter brakes broken in car susan drives car to repair shop on the way she hits a child who runs out into the street involuntary manslaughter due to NEGLIGENCE should have had car towed o What can produce involuntary manslaughter Negligence or recklessness o is behavior that exposes other unnecessarily to the risk of death or serious bodily injury Negligence The Felony Murder Rule o Assault and Battery o The felony murder rule means that if a person dies during the course of a that is dangerous to life the suspect is for that death o Such a death due to a felony dangerous to life falls into what category o does not matter under the felony murder rule Rather the key is one s in the Felony responsible First degree murder criminal act Distance PARTICIPATION o The test means that but for the suspect s actions the victim would still be alive today Sine qua
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