CRIMI

NAL

May 10, 2017: Wednesday

Crimes-wrongful acts as prescribed by law committed against society.
State Prosecutes Criminal Actor
Victims of Crimes may bring a civil act against criminal actor in civil court.
Proof Standard in civil court is preponderance of evidence or clear and
convincing evidence
US Culture: always reports crimes on TV (even though perceived as relatively
being a safe country) as compared to other countries
Elements of a Crime
Statute
Find the act that makes the act a criminal act
In drafting a criminal act, theres a constitutional limitations:
Article I, Section 9: Writs of Habeas Corpus-Petition to Federal Courts
to Determine if there is lawful detention by Government // Expost Facto
Laws-Laws cannot have retroactive affect // Bills of Attainder-there can
be no punishment inflicted by law without judicial determination
Religion - Laws providing that an exercise of religion is criminal must pass the
compelling interest test.
Speech - Content Regulation
Protected Speech-Political Speech clear and present danger test
Semi Protected Speech-Must serve some compelling state interest and
serve a valid social purpose-offensive speech, threatening speech,
commercial speech
Non Protected Speech-Laws can make certain speech punishable
Criminal-solicitation and conspiracy
Tort-defamation and Invasion of Privacy
Obscene Speech-community standards, taken as a whole is
patently offensive as prescribe by law, lacks serious artistic,
literary, educational or political value.
Time, Place and Manner Regulations-Government act must pass
the compelling interest test to criminalize association, assembly
and time, place and manner of speech
Due Process - Governmental laws cannot be arbitrary, capricious and involve
unreasonable classification scheme
Substantive Due Process-Intent of law, vagueness of law, law being
overbroad, compelling interest test and rational basis test
Procedural Due Process-notification, discovery, impartial decision-maker,
hearing, opportunity to be heard, confrontation, attorney, written decision,
decision based on evidence presented at the hearing and appeal
Equal Protection Clause - Laws cannot involve an unreasonable classification
scheme
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- 4 amendment issue: right to privacy, must have warrant
5th amendment issue: grand jury indictment, self incrimination, due process
6th amendment: right to counsel
9th amendment: privacy and family rights
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Corpus Delicti
body of crime
Before a person can be charged and prosecuted, the state must (2)
produce (need not prove anything) an evidence that a crime was
committed and this person was involved (3) conduct an investigation and
present to grand jury
Preliminary hearing burden of production (low standard, judge will
accept it and goes on the hearing)
Grand Jury Indictment-government presents evidence to citizens to meet
corpus delicti standard
Proof Standard-burden of producing evidence
Preliminary Hearing-government presents evidence to a judge to meet
corpus delicti standard.
Proof Standard-burden of producing evidence

Proof Standard
Beyond a reasonable doubt absolute certainty in a state of mind that a
person committed a crime ( beyond 100% sure); unanimous verdict
That at the time the person committed the criminal act, they must have
statutory state of mind
Mental State of Mind
Specific Intent-Purposeful involving, preparation, must have a
motive; Answers what did they do before the crime looking at
prior conduct
General Intent Reckless conduct conscious indifference resulting
to an injury to another,
Strict liability - no intent required; youre liable for the act; Ex:
statutory rape, selling alcohol to minors
Defenses
INSANITY - a person is insane if they have a defect of reason due to a
diseased mind, king the person incapable of distinguishing from right or
wrong, and defect of reason
INTOXICATION - no defense, youre liable,
- involuntary intoxication = considered a defense
INFANCY - when is a person too young to commit a criminal act; minors
can no longer get life without a possibility of parole; no more death
penalty
- 707 hearings: juvenile courts:
Fitness Hearing-juvenile court will determine if minor should be
tried as adult or is suitable for continued juvenile court
supervision-Minor will be released at age 25 of suitable for
juvenile court supervision
Criteria
Age
Seriousness of Crime
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Sophistication of Crime
Parental Supervision
Prior Contact with Law Enforcement
Performance and Conduct in School
18 and over-Tried as adult and sentenced as adult
No Death Penalty
No Life Without Parole
SELF DEFENSE - can use degree of force to protect yourself or others
from imminent danger; The danger must be apparent or obvious,( if you
did not intervene; cannot use deadly force to defend property; if there is a
retreat, cannot use deadly force
Entrapment if a person is not predisposed to commit crime but a
governmental actor or agent of government induces a person to commit a
crime, defendant is not liable.
Statute of Limitation - Government must file complaint within statutory
period of time

May 15, 2017: Monday

Rationale for Criminal Law (All laws must have a purpose)

o Rehabilitation change the persons character for the safety of the society (to
conform to the requirements of the law)
o Deterrence creates hard and tough punishment to warn others not to commit the
criminal act
o Isolation defendant is a danger to the society, cannot conform to conduct of
society
Three Strikes Rule: if a person is convicted of two prior dangerous
felonies, a conviction of a third crime enhances the prison sentencing to 25
years, regardless of the type of third crime committed.
California: changed to 2 strikes?
o Retribution - allows victim of a crime to persuade a judge to enhance the
sentencing of the defendant
Classification of Crimes
o Inchoate Crimes
Crimes where the criminal act is not required
Ex: an attempt to harm someone; a motion, causing another person
to be afraid that something bad is going to happen;
Burglary-breaking and entering into a building of another with the intent
to commit a felony therein.
Conspiracy-agreement between two or more to commit a criminal act
Solicitation-recruiting a person to commit a criminal act
Accessory-assisting with intent another to commit a criminal act (before,
during, after)
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o Traditional Crimes
Universal crimes; criminal acts that are crimes in any nation
o Moral Crimes
Changes over time
Crimes that reflect the moral standards of a society. Culturally
Determined.
Ex: Drug Crimes, Prostitution, Gambling Statutes, Animal Cruelty
o Sentencing
Penal code
Capital Crimes-maximum penalty is death
First Degree Felonies-maximum penalty is life imprisonment
o Second Degree Felonies-maximum penalty is ten years
Third Degree Felonies-maximum penalty is five years
o Felony/Misdemeanor
Felony - Sentenced to Prison-one year or more
Misdemeanor - Sentenced to less than a year
Petty - Sentenced to a few days in jail
County time less than a year in prison
o Business Crimes
#1 crime in business fraud, the use of information to commit a theft, a
form of larceny
Ex: Fraud and Embezzlement, Regulatory Crimes, Sarbanes Oxley,
Bankruptcy Fraud, Mail and Wire Fraud, Racketeering Influenced
Corruption Organizational Act, Computer Crimes

o Computer Crimes
Unauthorized access to the data base of a computer
Using the computer to commit fraud
Using the computer to defraud, such as securities violations
Using the computer incidental to a crime
Ex: gambling and prostitution (Craig List)
o Fraud and Embezzlement
7 elements of fraud
1 : false representation of acts/failure to disclose relevant facts
2. Must be important information
3. Person knows the information is false and misleading
4. Intent to induce reliance
5. Actual reliance of false, misleading info
6. Justifiable reliance
7. Actual economic loss
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Embezzlement - Person receives funds in trust for another, converts funds

for person use and with specific intent, permanently deprive the true
owner of the funds
Regulatory Crimes
o -business violates regulations of regulatory agencies. Regulatory agency will
certify violation to Justice Department for criminal prosecution. Regulatory
Agencies can only impose civil penalties. For criminal prosecution, there is a
state of mind requirement, not necessarily so for civil liabilities.
Sarbanes Oxley Act
o Title VIII-Corporate and Criminal Fraud Accountability
Document Destruction, Document Retention, Federal Sentencing
Guidelines, Whistleblower Protection, Fraud
o Title IX-White Collar Crime Penalty Enhancement
Conspiracy, Certification of Document by CFOs and CEOs
o Title XI-Corporate Fraud and Accountability
Document Destruction that Impedes Investigation, Criminalizing
Whistleblower Retaliation
Criminal Investigation (12 steps)
o Investigation
4th Search and Seizure
5th Self Incrimination
o Arrest
Justification
Bail
o Arraignment
Reading of Charges, Defendant Plea, Discovery, Reduction of Bail Motion
o Own Recognizance Hearing
Defendant makes motion to be released without posting bail
o Corpus Delicti
Grand Jury Indictment, Preliminary Hearing
o Re-Arraignment
Arraignment in Court where trial will be conducted
o 951 Motion Hearing
Exclusion of Evidence
4th, 5th, Prejudicial, Character Evidence
o Pre Trial Conference
Negotiations to avoid trial
o Trial Setting Conference
Scheduling of Trial in terms of time, witnesses
o Trial
o Verdict
Beyond a Reasonable Doubt
o Post Trial Motions-ask judge to grant new trial
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Jury Misconduct
Judge Miscondct
Appeal