Crimlaw - This is an outline that I used to help study for the final. PDF

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This is an outline that I used to help study for the final. ...

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CRIMLAW 1. California Penal Code: All crimes committed in California are legislative, in that there are no common law crimes in CA. a. All crimes are based off of statutes b. Statutes can be interpreted differently, which is the courts purpose c. Similarly, there are no federal common law crimes 2. Types of crimes: California recognizes 3 levels of crime, Felony, Misdemeanors, and infractions. Wobblers refer to crimes that could fall under misdemeanor or felony. a. Felony: A crime that is punishable with death, imprisonment in the state prison, or under certain circumstance imprisonment in county jail. i.e. Murder. b. Misdemeanor: A crime that is punishable for 1 year or less in state, county, or local jail. c. Infraction: Minor offense. Cannot be punished by imprisonment. i.e. Parking ticket. d. Creation: State legislator can enact any type of criminal statute, local governments can enact misdemeanors and infractions so long as it doesn’t conflict with state statute. 3. Limits on criminal powers of state legislature. State has broad powers to create criminal statutes, but not unlimited. The following is prohibited. a. Ex Post Facto Laws: Any law that i. Punishes behavior that wasn’t a crime when it was committed ii. Retroactively increase punishment for crime iii. Retroactively deprives defense available when crime was committed iv. Retroactively changes evidence required to convict b. Bill of Attainder: A law that punishes a person without affording them a trial. c. Constitutional Vagueness: the 14th amendment provides due process, which requires that criminal statutes be sufficiently clear enough that a person of average intelligence can understand what the law prohibits and govern their behavior accordingly. i.e. if you are cited for sitting on a bench in a park because a statute states “One should be subject to fine if loafing about with no apparent purpose in a natural setting” you could argue that the statute is too difficult to interpret. d. Cruel and Unusual Punishment:self explanatory e. Equal Protection: State cannot deny equal protection of its laws to any person 4. Prohibitive charges: Certain charges cannot be given during a sentence a. Vindictive Prosecution: When the prosecutor increases charges against an individual in retaliation for exercising constitutional right. b. Discriminatory Prosecution: Charge brought due to unjustifiable standard, such as race, religion, or other arbitrary classification. c. Overcharging: Bringing excessive charges against the Defendant in an attempt to make the defendant look so guilty, jury is pressured into charging them with something 5. Charging Documents: California has four accusatory pleadings for criminal cases a. Indictment-Given by grand jury when evidence presented warrants a conviction by a trial jury b. Complaint- A complaint is a written document submitted under oath which sets for the criminal prosecution. Prosecutor must present enough evidence at preliminary hearing to justify requiring the defendant to stand trial.

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c. Information-Information given after preliminary hearing when a felony is charges, or a misdemeanor that accompanies a felony. d. Citation-A citation can be used for infraction or misdemeanor when the accused is not taken into custody or will be released upon booking. Will have an appearance for court, at least 10 days in the future. Joinder and Severance of charges a. When more than one defender charged with a crime, they should be tried together unless court orders separate trials. Necessarily included offenses: When committing certain crimes, sometimes other lessor crimes are committed during the act. I.e. Burglary requires one to commit trespass. If jury can conclude that lessor offense was committed in lieu of higher offense, judge will instruct jury of lessor crime as well. Plea bargaining: Sometimes the defendant will agree to plead guilty in exchange for lessor charges brought against them by the prosecutor. a. Plea agreements are common, but they must be approved by court to be effective Right to trial by jury: In criminal prosecutions a defendant has the right to a trial by jury Right to speedy trial: Defendant has a right to a speedy trial, and for the charges to be brought in a timely manner Arraignment: First court appearance, if in jail, w/in 48 hours a. If eligible for bail, magistrate conducting the arraignment will set b. Six pleas one can enter for a crime i. Guilty ii. Not Guilty iii. Nolo Contendre: This is no contest, it effectively means that you are not admitting guilt, but you are accepting the punishment. This will usually give you more options later on (i.e. in DUI if you nolo contender, after 3 years you can have it expunged) iv. A former judgment of acquittal of the offense charged (you can only be brought to trial once for each charge, if you were declared not guilty before, they can’t keep retrying you until you are guilty) v. Once in jeopardy: This is where a person is already being charged for a crime. It is like former judgment or acquittal, but prior to the results. vi. Not guilty by reason of insanity Proof beyond reasonable doubt: a defendant in a criminal case is innocent until proven guilty, and to bring charges against the defendant, sufficient proof must be submitted to prove beyond a reasonable doubt. (no direct percentage, but ~ 95% or higher). Stages of criminal trial: Prosecution case-in-chief, Defense case-in-chief, Prosecution case-inrebuttal. Finally, closing arguments are made with prosecutor going first. Actus Reus: Physical component of a crime a. Volitional act by defendant i. must be voluntary ii. one cannot act volitionally while unconscious Criminal Liability for doing Nothing: Unless one has a duty to act, doing nothing is not a crime a. One has a duty when a statute imposes a duty

b. Relationship, such as child to parent, imposes a duty to act c. A contractual relationship exists for one to act d. One voluntarily assumes the protection of another e. One creates the risk that threatens the other person 16. Corpus Delicti: Body of the crime, for a crime to be committed there must be evidence of said crime 17. Momentary Possession: One may possess contraband that would normally constitute a crime for a short period of time with the purpose of disposal. 18. Multiple Charges: One can be convicted of more than one crime for the same action, however one can only be punished for the act once. 19. Contributory negligence: This does not apply in criminal law 20. Mens Rea: Mental component of crime, or rather the intent (or lack thereof) behind your actions a. Model Penal Code i. Purposely: One did the action with intent to commit the action. i.e. I’m with a girl, I tell her I’m going to kill a guy, point the gun at the guy, and pull the trigger, killing him ii. Knowingly: One did the action knowing that a result was substantially likely to occur. i.e. I’m with a girl, I point the gun towards a crowd without looking, tell her I bet I won’t hit anyone, and pull the trigger, killing someone iii. Recklessly: One did the act when they know there is substantial risk, but disregarded the substantial risk that something could happen. i.e. I’m with a girl, I point my gun at a sparse crowd with only a couple people in it (point away from the people), tell her that I won’t hit anyone, and the bullet ricochets and kills someone in the crowd. iv. Negligently: One did the act when they don’t know there is a substantial risk, but they should have known. i.e. I’m with a girl, there is no crowd at all, I point my gun out, say “watch this”, shoot, and the bullet ricochets and kills the girl I’m with. v. Culpability: There is a narrow distinction between purposefully and knowingly committing an act. There is a more defined line between reckless and the former 2, because one acting reckless knows of the risk, but also knows it is not substantially certain. There is another well-defined line drawn between reckless and negligent, as negligent acts do not involve a state of awareness. b. Mentes Rea is not Fungible i. If statute requires that actus reus occurs with one mens rea, and the prosecution proves a different mens rea, they did not commit the crime. c. Accident: One is not guilty of committing a crime if it occurred by accident 21. Proving intent a. Circumstantial evidence is usually used to prove intent, and it is usually based on the actions taken by the defendant and the circumstances surrounding the case. b. Party admissions can also be a good way to prove intent c. Motive is not required, but can help establish intent 22. Ostrich Instruction: When knowledge is the mens rea of a crime, one cannot prove innocence when they actively avoided the truth.

23. Strict Liability: All crimes have an Actus Reus, most have a mens rea, some have no mens rea and they are called strict liability. Strict liability normally doesn’t apply to felonys, with statutory rape being the only serious felony that is normally held as strict liability in most jurisdictions. a. Respondeat superior normally doesn’t apply to crimlaw, but it can when the case involves strict liability. b. If the legislative intent is not readily discernible from the statute, 7 factors will be considered when considering if it should be strict liability i. Statutes history and context: Why was the statute written and how it was written ii. General provisions on mens rea: Strict liability requires no mens rea iii. Severity of punishment: Strict liability generally only applies to lower level crimes. i.e. not felonies iv. Seriousness of harm to public: If the reason for the statute is to protect the public from harm, and it would be unlikely to be effective if not enforced, it is more likely strict liability v. Difficulty ascertaining facts: Like stated above, if a statute cannot be enforced, it may not have its intended effect. If facts of case are too difficult to prove, may be strict liability vi. Difficulty proving mental state: Like stated above, if a statute cannot be enforced, it may not have its intended effect. If mens rea is too difficult to reasonably be proven, may be strict liability. vii. Number of expected prosecutions: If there are likely to be a large number of prosecutions, to prevent impeding the justice system, this may be a strict liability offense. 24. General intent crimes: All that is required for a general intent crime is to intend to commit the action. There is no requirement that the defendant accomplish anything in addition to the mens rea for these types of crime are usually intent, and it is not a requirement that the defendant knows their conduct is against the law. a. Ex: Battery is a general intent crime. The reason is because one can commit battery with the intent to batter someone, or even the intent to cause contact, which causes harm or offense. There does not need to be any special motives or desires involved with battery, and the wrongdoer need not have a goal to achieve anything more than the battery itself. 25. Specific intent: There are 2 categories of specific intent, and they sometimes overlap a. The defendant has a goal to achieve something in additions to the actus reus, or b. The defendant committed the actus rea with a special motive or desire. c. Ex: Theft is a specific intent crime. The first portion of theft “Trespassory caption and asportation of the personal property of another” is general, but the “with the intent to steal” makes it specific, since above and beyond the act of taking without permission and moving, you want to convert the property for your own use. 26. Transferred Intent: If one has the intent to commit a crime, say I want to kill Bill, but a different person is subject to the intent dies instead, say Bill ducks and Freddie is now dead, my intent to kill Bill transfers to Freddie. a. Attempted murder does not transfer in CA

27. Concurrence of Actus Reus and Mens Rea: Mens Rea must bring about or cause the actus reus. 28. Cause in fact: Similar to tort law, defendant must be a but-for cause of the harm. i.e. but for the action of the defendant, the plaintiff would not have suffered injury 29. Proximate cause: Also like in tort law, criminal law requires proximate cause for the injury to have resulted from the defendant’s action. This means that the defendants act caused the series of events leading to the injury without an intervening superseding cause. a. If I was juggling bowling balls, and one landed by your car, and you came out of your house to inspect your car, and the bowling ball blew up because it was really a grenade, I would be liable due to CIF and PC. However, if when you went to pick it up, an airplane made an emergency landing and the propeller chopped off your arm, I would have a good defense in court against liability. b. In general, malpractice is a foreseeable cause, so if you injure someone and they are further injured due to malpractice, you can liable for the additional damages. 30. Criminal homicide: Homicide is the killing of a human being by another human being. Criminal homicide is homicide that occurs without justification or excuse. Reasons for justification and excuses can include a. Self-defense (defense of others): One is legally entitled to defend themselves if they reasonably believe that they are in danger (or to protect someone else they reasonably believe is in danger) as long as the self-defense was a reasonable response for a reasonable time (i.e. if you are afraid someone is going to harm you, and you knock them out, once unconscious you cannot continue to batter them until they are dead). b. Killing in battle (i.e. war) c. Lethal force used to arrest a fleeing felon d. Insanity e. Necessity: It is rare, but if the crime is done for the good of the public, it can be used as a defense. 31. Murder v Manslaughter: Murder requires the killing of a human being (or fetus) by another human being with malice aforethought. Manslaughter is the same, but without the malice. To determine if it is murder or if it is manslaughter we must understand malice. 32. Malice types: Malice may be express or implied a. Express: when there is a manifested deliberate intent to unlawfully take away the life of another b. Implied: When no considerable provocation appears, or when the circumstances show an abandoned and malignant heart. i. Abandoned and malignant heart is when a person does not necessarily intend to kill anyone, but they engage in conduct that is extremely dangerous to human life, they were aware of the risks, and they ignored the risks. In other words, acting with a conscious disregard for human life. 33. Malice: Malice has different meanings as we see it applies to criminal law a. Intent to kill: This is when it was the defendant’s conscious objective to kill b. Intent to cause grievous bodily harm: This is when the defendant intended to inflict a serious injury to the victim, but did not intend to kill them. This is a form of implied malice.

c. Depraved Heart: This is when the defendant did not intend to kill the victim, and in most cases did not even intend to hurt the victim, but knew the seriousness of their actions and the risks involved and disregarded those risks. d. Felony murder: Intent to harm victim does not matter in felony murder, only that intent to commit the felony existed, and that the killing happened during the perpetration of or attempt to perpetrate certain felonies. e. *Provocative act murder: This is unique to California, and it is when two or more perpetrators are involved in a crime and a police officer or victim fights back, killing one or more of the perpetrators. The remaining perpetrators can be held liable for the murder of their accomplices. However, the defendant is only liable for those murders that occur as a proximate cause from the acts of them and their accomplice(s) . 34. First degree murder: First degree murder is that which is caused by means of a destructive device, WMDs, armor piercing rounds, poison, lying in wait, torture, or willful, deliberate, and premeditated. Also murder that is caused while attempting arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or others listed in PC 189. Shooting from a vehicle is also considered 1st degree. a. Punishment: There are 3 types of punishment for first degree murder in California i. Punishable by death ii. imprisonment in the state prison for life without parole iii. imprisonment in the state prison for 25 years to life b. Types: There are 7 types of first degree murder in California i. Willful, deliberate, and premeditated murder: Intent to kill murder in which the killer deliberated and premeditated. 1. Premeditation is not based on time, but reflection ii. Felony murder in the first degree: Killing that occurs during commission of felony listed on PC 189. iii. Torture murder: Defendant intended to torture, but not necessarily kill. For torture murder two things must be met: 1. Acts causing death that involves a high degree of probability of victims death 2. Willful, deliberate, and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose. iv. Lying in wait: Killing that occurs when the defendant waits to ambush the victim, or hides in plain sight. No other evidence of premeditation is required. Requires three elements: 1. Defendant must conceal their purpose 2. Substantial period of watching/waiting for opportune time to strike 3. Defendant commits surprise attack from a position of advantage v. Murder by poison: Arsenic anyone? Defendant does not have to intend to kill for this type of murder. vi. Drive by shooting: Murder which is perpetrated by means of discharging firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death

vii. Explosives or armor penetrating ammunition: If defendant uses explosives, armor piercing rounds, or WMDs and kills someone, it is first degree murder regardless of intent. 35. Second Degree Murder: 2nd degree murder is any murder which is not first degree murder. In other words, it is the killing of a human being by another human being with malice aforethought, but not within the scope of 1st degree murder. a. Punishment: Those guilty of 2nd degree murder are sentenced for a term of 15 to life in the state prison i. Except for those who murder a police officer or shoot from a car, they serve longer b. Types: There are 4 types of second degree murder i. Intent to kill murder w/out premeditation or deliberation: This occurs when a defendant intends to kill the victim, but did not deliberate or premeditate the action. This usually happens as an immediate reaction to something someone says or does. 1. The difference between this and 1st degree intent to kill is that 1st degree is performed after careful thought and weighing the considerations for and against the murder, 2nd degree is unconsidered and often rash. ii. Provocation sufficient to lower 1st degree intent to kill to 2nd degree: This is when a defendant is charged with 1st degree intent to kill murder, but can show that the victim provoked them into committing the murder (but not enough provocation for an average person to murder, as that would lead to a voluntary manslaughter charge). iii. Second degree felony murder: When the death occurs during the commission of an inherently dangerous felony not listed on 189. 1. Inherently dangerous to human life (I.D.H.L.): If the felony is listed on 189, it is first degree. If it is not listed on 189 and inherently dangerous, it can be considered 2nd degree murder so long as it passes the merger test. If it is not I.D.H.L. it is not 2nd degree murder. There are 2 approaches to determine if I.D.H.L. a. Facts of the case approach: This approach is based on the facts of the case, so if the actual crime committed presented an inherently dangerous activity, it is I.D.H.L. b. Felony in the abstract approach: This is where you ignore the facts of the case and try to determine if there is a way to commit the felony that is not I.D.H.L., if so, then it is not I.D.H.L., if not, then it is I.D.H.L. This is the approach California uses. 2. Merger: If not in 189 an...