Part Two Crimes and Torts Chapter 5 Criminal Law and Procedure Role of the Criminal Law Society tends to use criminal law as a major device for controlling corporate behavior Nature of Crimes Torts or private wrongs for which the wrongdoer must pay money damages to compensate the harmed victim Crimes are classified as either felonies or misdemeanors o A felony is a serious crime such as murder sexual assault arson drug dealing or a theft or fraud offense Punishable by lengthy confinement as well as a fine o A misdemeanor is a lesser offense such as disorderly conduct or battery resulting in minor physical injury to the victim Punishable by limited confinement and or lesser fines Purpose of the Criminal Sanction Utilitarians believe the prevention of socially undesirable behavior is the only proper purpose of criminal penalties This prevention goal includes three major components deterrence rehabilitation and incapacitation Deterrence crime o The threat or fear of punishment drives people away from committing o The first special deterrence results when punishment of an offender deters him from committing similar offenses o The second general deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses o One reason deterrence may not work is because potential offenders are rational beings that weigh the threat of punishment against the benefits derived from an offense Rehabilitation o The changing of convicted offenders attitudes or values so that they are not inclined to commit future offenses Ex Giving cons in prison the opportunity to take classes to earn a degree Incapacitation If rehabilitation does not work then incapacitation of convicted offenders contributes to the goal of prevention This renders the offender powerless Some people support retribution as well or the infliction of suffering on offenders Essentials of Crime To convict a defendant of a crime the government must 1 demonstrate that his alleged acts of violated a criminal statute 2 prove beyond a reasonable doubt that he committed those acts 3 prove that he had the capacity to form a criminal intent Constitutional Limitations on Power to Criminalize Behavior The Constitution prohibits ex post facto criminal laws o this means that a defendant s act must have been prohibited by statute at the time she committed it and that the penalty imposed must be the one provided for at the time of her offense If a behavior is constitutionally protected then it cannot be deemed criminal o Roe v Wade 1973 The decision was that state s power was limited to criminalizing abortions First Amendment o The First Amendment plays a big role in limiting governmental power to enact and enforce criminal laws Due Process Clauses o The Due Process Clauses require that criminal statutes define the prohibited behavior precisely enough to enable law enforcement officers and ordinary members of the public to understand which behavior violates the law Statutes that fail to provide such fair notice may be challenged as unconstitutionally vague Skilling v United States US Supreme Court 2010 Jeffrey Skilling worked his way up to be the CEO of Enron Corporation Six months later he resigned and less than four months after Enron spiraled into bankruptcy An investigation uncovered that Skilling and a couple other guys engaged in a scheme of fraud and manipulated shareholders and financial reports Skilling was guilty of 19 counts including wire fraud and conspiracy charges He appealed DECISION Because Skilling was charged on three objects of conspiracy wire fraud money or property wire fraud and securities fraud Skilling s conviction was flawed The case was remanded for further proceedings Equal Protection Clause on race o Equal Protection Clause prohibits criminal statute that discriminates based Legislation is given a much broader leeway if the classifications have a rational basis Eighth Amendment o The Eighth Amendment forbids cruel and unusual punishment The Constitution limits the type of punishment imposed on convicted offenders Defendant s Criminal Intent and Capacity o The level of fault required for a criminal violation depends on the wording of the relevant statute Many criminal statutes require proof of intentional wrongdoing o Recklessness means that the accused consciously disregarded a substantial risk that the harm prohibited by the statute would result from her actions o Negligence means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived Negligence is left to the civil justice system rather than being criminalized o Proof that the defendant had the capacity to form the required intent is a prerequisite of criminal responsibility o The criminal law recognizes three general types of incapacity intoxication infancy and insanity If a person kills someone while intoxicated then they will not be guilty of first degree murder but convicted of another homicide offense A child under 14 years of age cannot form a criminal intent Juveniles are treated punished differently than adults but multiple offenses can result in being tried as an adult An accused s insanity at the time the charged act was committed may constitute a complete defense Criminal Procedure Criminal Prosecutions An Overview rights o court o 1 The criminal is booked or taken to a temporary jail for their actions to be recorded 2 The police file an arrest reports and decide whether to charge the suspect 3 Taken to court for initial appearance and the judge reads them the constitutional If pleads not guilty then the case is taken to court 4 Then formal charge is filed with the trial court and and the defendant is brought to Informed of the charges and asked to enter a plea those who plead not guilty are given the choice of a trial The Fourth Amendment protects persons against arbitrary and unreasonable government violations of their privacy rights Reasonable Expectation of Privacy o The Supreme Court has extended the amendment s protection to such places or items as private dwellings and immediately surrounding areas first class mail sealed containers If law enforcement has sufficient justification to conduct a search then it is not a violation of the 4th Amendment o Warrant Requirement and Expectations o The Court has held that searches carried out without proper warrant are unreasonable Warrantless searches of the arrestee himself are good assuming the arrest was supported by