Criminal Law Outline

Criminal Law Outline

Professor Koosed Spring 2011

I. Introduction: Setting the Stage- Explanation of the Criminal System and why we punish people and for what crimes.

A. Nature, Sources and Limits of the Criminal Law.

Hart’s Moral Condemnation Theory

Crime is any social harm defined and made punishable by law.

Criminal Law vs. Civil Law

a. Criminal Law

· Punishment flows from violation of a crime

· Government vs individuals rather than individuals vs individuals

· Rules set by greater moral/ethical code vs the varied effect within relationships

b. Civil Law- Those who commit torts or breach a contract must pay money damages.

Distinguishing criminal sanction from civil sanction:

a. The judgment of community condemnation which accompanies and justifies its imposition.

b. Crime, therefore is, limited to conduct that if duly shown to have taken place, will incur a formal and solemn pronouncement of the moral condemnation of the community.

Sources of the Criminal Law.

a. Common Law- means Judge- Made law

· Judges in England defined the crimes, formulated the defenses and developed all relevant doctrines relating to the field.

· Derived from basic, moral principles that existed independent of the judges, like from GOD.

b. Statutes- Legislatures deal with crimes always in advance of their commission.

· Deals with them by threat of condemnation and punishment to be imposed always by other agencies.

· In general terms

· There are always severe limits upon the ability of the legislature to accomplish what it sets out to.

c. Four conditions must always be met if their direction is to work successfully.

1. The primary addressee who is supposed to conform his conduct to the direction must know:

· Of its existence, AND

· Of its content in relevant respects

2. He must know about the circumstances of fact which make the abstract terms of the direction applicable in the particular instance

3. He must be able to comply with it.

4. He must be willing to do so.

Legislators do not have unlimited lawmaking power.

· State and federal legislation is subject to the structures of the US Constitution (and, with state laws, the state Constitution)

· Federalism- each state has sovereign authority to promulgate and enforce its own criminal laws. Legislative branch makes the rules.

· EX.- When a federal court declares that a state statute is unconstitutional, it runs the risk of violating principles of federalism and of usurping legislative authority.

Model Penal Code- In order to bring coherence to the criminal law, the ALI set out to develop of a model code in 1952.

· Greatly influenced criminal law reform.

· Some states have adopted major portions of the Code.

· In other jurisdictions, courts look to it for guidance to fill holes in their own statutory systems.

B. Criminal Law on a Procedural Context: Pre- Trial

1. Trials are the exception rather than the rule in the justice system

2. How does it begin: What’s the process?

A. Crime is reported to the Police.

1. The police might investigate the crime- depending on whether they believe it

2. The police might not really investigate crime at all. (Ex. Homeless person)

B. Insufficient evidence might exist to make arrest.

1. US Const prohibit police from arresting a suspect unless they have probable cause to believe that the individual committed the offense.

2. Probable Cause- Requires that there be a substantial chance that the suspect committed the offense under investigation.

C. If suspect is arrested, Prosecutor must overcome various hurdles before a trial is reached:

1. The arrestee is entitled to a preliminary hearing within 2 weeks after arrest- at which judge can determine if arrest was justified.

2. If Judge says okay, prosecutor is permitted to file an

· “information”- document that sets out formal charges against the accused and the basic facts relating to them.

D. Most states/federal, the accused cannot be brought to trial unless indicted by grand jury

· Grand Jury- lay members of the community who consider evidence presented to them by a prosecutor, after which they deliberate privately, and determine whether adequate evidence exists to prosecute the accused.

· If sufficient, grand jury issues “indictment”= similar to information.

E. Still may not be held:

· Δ is allowed to make various pre-trial motions, which if successful, sometimes require the dismissal of the charges.

· Δ could plead guilty.

C. Criminal Law in a Procedural Contract: Trial by Jury. – 6th Amendment of US Const provides that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury”

1. You have the right to a trial by jury- you want 12 people to find you guilty rather than just 1 judge.

2. SC- generally limited right to jury trial for crimes which the maximum potential punishment exceeds incarceration of six months.

· You really want to prevent oppression by the Govt.

· Providing the Δ with the right to be tried by a jury of his peers gives him an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased or eccentric judge.

· Δ might prefer the common sense judgment of the jury to the more tutored but perhaps less sympathetic reaction of single judge.

3. Jury is made of 12 people, but 6 is permissible.

4. Impartial- A juror is not impartial if her state of mind in reference to the issues or parties involved in the case would substantially impair her performance as a juror in accordance with the court’s instructions on the law.

· Examination of the Jurors is called the VOIR DIRE.

· Defense and Prosecutors are allowed “Peremptory” challenges- challenges not based on cause.

· But, 14th Amendment violated is they challenge based on basis of venireperson’s (potential jurors) race or gender.

D. Proof of Guilt at Trial

1. “Proof Beyond a Reasonable Doubt”

The Due Process Clause of US Const. requires the prosecutor to persuade the fact finder “beyond a reasonable doubt of every fact necessary to constitute the crime charged.”

Reasonable Doubt- not really any definition, but if court does choose to define, the Const doesn’t require any particular form or words be used, as long as there is no reasonable likelihood that the definition, taken as a whole, would allow conviction insufficient to meet the constitutional standard.

This is very important:

· Commands respect and confidence of the community in applications of the criminal law.

· Fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free.

2. Enforcing the Presumption of Innocence.

Circumstantial Evidence- is enough to sustain a guilty verdict if the circumstances are inconsistent with any reasonable hypothesis of innocence.

RULE- A conviction upon circumstantial evidence alone is not to be sustained unless the circumstances are inconsistent with any reasonable hypotheses of innocence.

· The totality of the circumstances is in the last analysis inconsistent with a reasonable hypothesis of innocence. The diminishing force of one inference enhances the force of its alternative.

· Owens v. State- Δ was drunk in his car and the engine was running and he had 3 beer cans inside. When he awoke, he was confused and didn’t know where he was. He had an alcohol restriction on his license and declined to submit to a blood test for alcohol. Δ convicted for drunk driving.

· You have to view the evidence in light most favorable to the non-moving party- to get to trial- for the judge.

Role of Trial Judge in Enforcing th