Organization and Adm of Crim lecture notes 2 PDF

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Professor Layh - Organization and Adm of Crim lecture notes 2...

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I. CRIMINAL CONSPIRACY an agreement between 2 or more people to commit an unlawful act with criminal intent in part of all suspects. Any crime committed by 2 or more people criminal conspiracy is charged.

CRIMINAL CONSPIRACY Punishement Can be very serious

Criminal Conspiracy intent normally not that difficult to prove (they try to look for the weakest person the deed)

PARTIES TO A CONSPIRACY parties may not always know each other

PRINCIPLE IN THE FIRST DEGREE is the one who actually commits the crime.

PRINCIPLE IN THE SECOND DEGREE 1. is the one who is there at the location with the principle in the first degree and encourages, aids, and maybe councils (isn't main player)

ACCESSORY BEFORE THE FACT somebody who may not participate in the crime maybe is involved before the crime. (someone who provides a gun to the principle or steals the car for the principle)

ACCESSORY AFTER THE FACT the one who aids in the best knew the crime was committed after it happened and helped somehow. (hiding with the person)

CORPORATIONS AS PARTIES TO CRIME Can be held liable for doing something or not doing something.

VICARIOUS LIABILITY

criminal liability on one party for the criminal acts of another most of the time it involves employer & employee relationship.

PC 261 act of sexual intercourse with a person not a spouse under the following conditions: 1. victim is incapable of giving consent 2. Against once will by using force or fear sometime of violence 3. Intoxicated drugs or alcohol 4. Unconscious or unaware 5. The person was tricked or lied to 6. Threat of future retaliation 7. Threaten use by authority: boss, police officer, politician

261.5 PCunlawful sexual intercourse sexual relation with an under age person that is not your spouse.

Alibi argument by the defense that shows the defendant could not have committed the crime.

Inability inability of the prosecution to prove all of the elements in convict beyond a reasonable doubt

Justification defendant admits committing the act in question but claims it is necessary for self defense or to prevent some further action

Excuses defendant claims a personal condition or other circumstance at the time of the act that she or he should not be held liable for the act (old didn't know) (or someone has diabetes or a seizure)

PENAL CODE 273.5 I. (felony with a 50,000 bail) - DOMESTIC VIOLENCE- inflect injury on an current or former spouse cohabitant or somebody that is a mother or father of a child (injury- anything as slight as a pain or visible injury)

I. NATURE OF EXCUSES

A legal defense in which the defendant claims that a personal condition or circumstance at the time of the act was such that the defendant should not be held criminally liable (admit that the act was wrong, also admit that they violated criminal law, claim that the defendant should not be help criminally responsible) (abnormal disability -mental issue)

THREE GENERAL TYPES OF LEGAL EXCUSES people society and the Criminal justice system are willing to excuse a person under certain conditions

INVOLUNTARY ACTIONS defendant has no voluntary control over bodily movements (epilepsy, heart attack stroke)

DEFICIENT BUT REASONABLE ACTIONS the action are voluntary but was undertaken by mistake or under threat of harm (hostage situation hostage accidentally hit)

IRRESPONSIBLE ACTIONS actions mental or physical limitation such as insanity or age

1 of SEVEN SPECIFIC EXCUSES RECOGNIZED BY LAW DURESS one is forced to act against one's will

1 of SEVEN SPECIFIC EXCUSES RECOGNIZED BY LAW INVOLUNATARY / VOLUNTARY INTOXICATION 1. drug or alcohol- voluntary-intoxicated can not be exonerated but helps as defense partially help (involuntary was forced with out knowledge of being intoxicated used to commit a crime)

1 of SEVEN SPECIFIC EXCUSES RECOGNIZED BY LAW mistake an act that is genuine and sincere and not a pretext offered to hide criminal intent (drug mistake of smoking pot in one state and not another didn't know they crossed state line)

1 of SEVEN SPECIFIC EXCUSES RECOGNIZED BY LAW Age certain individuals should not be held criminally responsible for their acts due to their age. (difficult excuse to use - age in combination with something else is common)

1 of SEVEN SPECIFIC EXCUSES RECOGNIZED BY LAW entrapment in proper or illegal inducement to commit a crime in law enforcement (law enforcement trapped him by approaching them)

SYNDROME-BASED DEFENSES -a complexes of signs and symptoms presenting a clinical picture of a disease of disorder - DEFINED these defenses that they depend upon by acceptability related of claim -has to be proven that the defendant who uses it has to use it at an abnormal way

SYNDROME-BASED DEFENSES examples (battered wife syndrome - bad relationship for several years and husband beats wife and even harms kids one last time and wife can't take it and she kills or shoots him -it is clinically proven and most people don't have to use it ) (sexual abuse syndrome a person is the victim of sexual abuse and they then become a sexual abuser is medically recognized and was effected by it) rape trauma syndrome, battered wife, sexual abuse, and battered children syndrome legally used and recognized most common.

SEX CRIMES AGAINST MINORS- 288 ABC sex crime under the age of 14

PC 288.2 A - distribute child pornography

PC 288.2 Bdistributed over the computer

PC 288a.I

sexual abuse while the child is intoxicated

PC 290 - register within 5 days they have to register as a sex defender wherever they live (Megan's law)...