Chapter 10 Criminal Law Monday November 2nd 2014 10 0 The Nature of Criminal Law Constitutional Rights Defenses and Punishment Learning Objectives Understand what crime is Understand the constitutional protections afforded to those accused of Compare and contrast the differences between criminal law and civil law committing a crime Examine some common defenses to crime Learn about the consequences of committing a crime Explore the goals or purposes of punishment for committing a crime Public injury Undermines confidence in social order and the expectations about living in a civil society No crime is victimless Indictment Formal document in which the government accuses a legal person of a crime Victim of the crime is a witness for the government but not for the prosecutor of the case Civil tort system allows a victim to bring a civil suit against someone for injuries inflicted on the victim by someone else Criminal laws and torts have parallel causes of action Comparison between Criminal Law and Civil Law Crime Crime In a criminal case the defendant is presumed to be innocent unless and until he or she is proven guilty o Presumption of innocence Presumption made about any criminal defendant prior to verdict Criminal defendants do not have to prove their innocence If the state cannot prove its case then the person charged with the crime will be acquitted o Acquitted To be found not guilty of a crime Criminal case is the prosecution s burden and the prosecutor must prove its case beyond a reasonable doubt o Burden of Proof Duty to prove In a civil trial the burden of proof is the plaintiff s burden o Beyond a reasonable doubt Standard of proof in a criminal trial o Evidence must be so compelling that there is no reasonable doubt as to the defendant s guilt Crime Crime Crime Mens Rea Individual possessing a guilty mind or a criminal state of mind Actus Reus Guilty act or the criminal action Comparison of criminal burden of proof to the standard of proof in a civil trial requires the plaintiff to prove the case only by a preponderance of the evidence o Preponderance of the evidence Standard of proof in a civil trial Evidence that supports the claim is more likely than not Culpable Mental State Mens Rea Worksheet In each of the following homicide scenarios identify the defendant s actions using the Model Penal Code s classification for culpability Remember these levels are purposely knowingly recklessly and negligently Defendant is driving home when he encounters a school zone Ahead of him a group of schoolchildren are crossing the street Rather than slow down Defendant decides to give the children a scare by revving his engine and speeding up He intends to brake at the last minute but overestimates his driving and braking capability and his five year old girl who could not get out of his way on time killing her Defendant s lifelong enemy is arrested for aggravated murder Defendant hates the accused and wishes him dead Defendant who witnessed the incident that led to the charges knows that the accused was acting in self defense when the homicide took place On the witness stand defendant lies in hopes of helping the prosecution secure a conviction Accused is sentenced to death Defendant is a doctor in a busy clinic that provides free medical services in inner city neighborhoods One day Defendant treats a patient for an ear infection Defendant prescribes penicillin without reading the patient s chart that indicates the patient is allergic to the drug The patient a recent immigrant who speaks no English takes the penicillin and dies Defendant is accused of stealing from his employer Facing a long prison term Defendant decides to destroy any incriminating evidence against him by burning down his place of employment during a national holiday Defendant douses the office with gasoline and lights the match then walks away Unknown to defendant a group of employees was meeting in the conference room next door on an urgent deal that required working on a holiday The group of six employees dies in the ensuing inferno Crime More protections are afforded to the criminal defendant than are afforded to defendants in a civil proceeding o Due process requirements in a criminal case are very high for anyone who is a defendant in criminal proceedings Due Process Constitutional guarantee of fairness by procedure Not specifically set out by the Constitution and they vary depending on the type of penalty that can be levied against someone Constitutional Rights Relevant to Criminal Proceedings Incorporation Doctrine contains the rights of concern to criminal defendants o Have been incorporated as applicable to the states Sixth Amendment guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a possibility of incarceration Fifth Amendment guarantees the right to avoid self incrimination Constitutional Rights Relevant to Criminal Proceedings Eight Amendment prohibits cruel and unusual punishment Fourth Amendment provides a prohibition against illegal searches and seizures o Probable Cause Standard required for a search warrant to be issued Exceptions to the Requirements of a Search Warrant Exceptions to the Requirements for a Search Warrant Exception to the warrant requirement specifically referring to a pat down search permitted when someone is lawfully arrested Lawful arrest Stop and frisk Exception to the warrant requirement specifically permitted when a person is stopped for some permissible purpose by law enforcement officers Allows a pat down search or a frisk Defenses Exclusionary Rule To suppress evidence that was obtained illegally Miranda Warnings Read to persons in custody so that they are made aware of some of their constitutional rights o Custodial interrogation Occurs when a suspect is in custody which means that the suspect cannot leave and subject to interrogation Double Jeopardy Government will not prosecute someone twice for the same offense o Prohibited by the Fifth Amendment to the U S Constitution Defenses Lack of Capacity o Insanity Lack of capcacity defense specifically applicable when the defendant did not understand that his or her actions were wrong o Infancy Defense that may be used by persons who have not yet reached the age of majority typically eighteen years of age State will not induce someone to commit a crime that he or she did not already have the propensity to commit o If the state does this then the defendant