Introduction to U.S. LawIntroduction to U.S. Law

Introduction to and Overview of American Criminal Law:

The Basic Elements, Defenses, and Constitutional Issues

Burdens of ProofBurdens of Proof

Beyond a reasonable doubtUsed in criminal cases

Clear and Convincing EvidenceUsed for special purposes

Preponderance of the EvidenceUsed in most civil cases

Probable CauseUsed for arrest, search and seizure

Reasonable SuspicionUsed for stops

Basic Elements of A CrimeBasic Elements of A Crime

Legality - legally proscribedActus Reus - human conductCausation - causativeSocial Harm - of a given harmConcurrence - which coincides withMens Rea - a blameworthy frame of mindPunishment - for which punishment is provided.

Legality and JurisdictionLegality and Jurisdiction

No crime without lawBut whose law? A question of jurisdictionSee PA Crime Codes §102

There must be public respect for the law for it to function properly.

Prohibition is excellent example of where the law didn't work because citizens didn't respect.

Actus ReusActus Reus

Latin (roughly) for “guilty act”Act - conscious, voluntary, and purposive behavior.See PA Crime Code §301

Strict Liability CrimesCrimes where the act alone is sufficient to be in violation of lawAs opposed to “true crimes” which also requires “guilty mind”.

Communication can be an action (inchoate crimes)

OmissionOmission

Generally failing to act cannot be punished unless the law specifically creates a duty to act and the defendant has breached the duty.

See PA Crime Code §302(b)(1) example – child neglect(2) example – where failure to act in accordance to duty created by contractual obligation leads to death.

Mens ReaMens Rea

Latin (roughly) for “guilty mind.”Complex and confusing because there could be 50 different definitions.

Proving “mental state” is basically impossibleBest that can be done is to infer mental state

Blameworthiness = responsibility + culpabilityResponsibility – free will and the three IsCulpability (see next slide)

Culpability (common law)Culpability (common law)

Levels of Culpability under Common LawGeneral IntentSpecific IntentStrict Liability IntentTransferred Liability IntentConstructive IntentScienter

Culpability (MPC)Culpability (MPC)

PA Crime Code §302a person is not guilty of an offense unless he acted intentionally, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

Levels under MPCPurposelyKnowinglyRecklesslyNegligently

CausationCausation

An assumption that the act caused the thing being proscribed by criminal law is not enough.Must show a relationship between cause and effect.

Direct CauseProximate CauseIntervening CauseSuperceding Cause

See PA Crime Code §303

ConcurrenceConcurrence

Act + Intent + Result = Crime – DefensesPrinciple of Concurrence

any act (actus reus) causing social harm must coincide, or be accompanied, with a criminal state of mind (mens rea).Normally intent comes first leading to the action.

Motive must be distinguished from intent.

Defenses: failure of proofDefenses: failure of proof

Mistake of LawRarely available, even if mistake was due to advice from attorney.Ignorance of the law excuses no one.

Mistake of FactDiminished CapacityIntoxication

See PA Crimes Code §304

Affirmative DefensesAffirmative Defenses

Defensive ViolenceInsanity and Other Mental IllnessDuress, Necessity and Other Pressures on Free WillEntrapment

Defensive ViolenceDefensive Violence

Self-Defensemust actually and reasonably believe there is imminent threat of serious harm or death.most courts hold no duty to retreat.only can use force necessary to prevent harm

Defense of Others and PropertyOthers – reasonably believed other person would have been justified to use force.Property – force necessary to avoid imminent theft or trespass.

Duress, NecessityDuress, Necessity

DuressCrime committed under a threat of death or serious bodily harm.See PA Crime Code §309

Necessity - Psychological pressure applied by another

Must face threat of harmCommitting criminal act is only way to preventNo faultCriminal conduct involves less harm

EntrapmentEntrapment

Subjective TestUsed in the federal system and a majority of states.Did idea for crime originate with police?Was D “predisposed” to commit the crime?

Objective TestDid idea for crime originate with police?How would the average person react to offer by police?Focus is on police conduct

InsanityInsanity

The Right or Wrong Testmental disease results in failure to understand what they did or realize what they did was wrong.

The Substantial Capacity Testlack substantial capacity to appreciate wrongfulness or to conform to requirements of the law.John Hinkley

Guilty But Mentally Illsent to prison, supposed to get treatment

Purpose of PunishmentPurpose of Punishment

RetributionIncapacitationDeterrenceRehabilitation

Which one(s) do you think is emphasized under American law?

Types of PunishmentTypes of Punishment

Capital PunishmentIncarcerationProbationSplit SentenceRestitutionCommunity ServiceFines

Criminal Procedure and the Criminal Procedure and the ConstitutionConstitution

Fourth AmendmentPrivacy, searches

Fifth AmendmentPrivilege against self-incrimination, right to remain silent, double-jeopardy, due process, right to a grand jury

Sixth AmendmentRight to counsel, right to speedy trial, right to jury trial, right to confront witnesses,

Eight AmendmentNo cruel and unusual punishment

44thth Amendment Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

55thth Amendment Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury . . .; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law . . . .

66thth Amendment Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

88thth Amendment Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Corporate Criminal LiabilityCorporate Criminal Liability

New York Central: the birth of corporate criminal liabilityNot appropriate:

when crimes cannot be punished by fines—since fines are the principle means for punishing a corporation—and when the crime, by its nature cannot be committed by a corporation (e.g, rape).