Criminal Law Outline

Crim Law Outline

Warnken_CrimLaw_Summer_2013

Class #1: Criminal Law Classification, Sources of Criminal Law, & Interpretation of Criminal Law

I. Classification of crimes

a. Common law (CL) offenses

i. Felonies

1. Murder / rape / manslaughter / robbery / sodomy / larceny / arson, mayhem / burglary (MR & MRS LAMB)

2. Some jurisdictions felonies punishable by death / incarceration

a. (a) particular institutions

i. Prison vs County jai

b. (b) particular period

i. Excess of 1 year

ii. misdemeanors

1. Anything not a felony

iii. Md offenses

1. CL Felonies unless abrogated/changed to misdemeanor

2. Statutory crimes = misdemeanors unless legislator declares a felony

b. Felony-misdemeanor Distinctions

i. Subject matter jurisdiction

1. District Court (DC)

a. exclusive jurisdiction over most misdemeanors

2. Circuit Courts (CC)

a. exclusive jurisdiction over most felonies

ii. Statute of limitations (S/L)

1. no S/L at CL

2. Md

a. No S/L for felonies / misdemeanors with Division of Correction (DOC) penalty

b. Most misdemeanors with no statutory DOC penalty have1-year S/L

iii. Accomplice liability

1. Felonies at CL

a. Principals in 1st degree, 2nd degree

b. Accessories before the fact, after the fact;

2. Distinctions mostly eliminated

a. Treason

i. All parties principals

b. Misdemeanors at CL

i. All parties are principals except accessories after the fact have no liability

iv. Effect on applicability of defenses

1. Defense of property requirement = inherently dangerous felony to permit deadly force

v. Sentencing consequences

1. For property crimes / felony / misdemeanor usually based on value

a. Md,

i. Theft = $1,000

ii. Bad check = $500

2. Enhancement / recidivist / mandatory sentencing = current sentence may be enhanced / mandatory based on

i. Prior felony

ii. Misdemeanor = felony based on prior conviction

vi. Procedure consequences

1. 6th A right to counsel

a. applies to all felonies

b. misdemeanors with potential incarceration;

2. 5th A grand jury indictment for federal felonies

a. Not apply to federal misdemeanors or states

b. Md NOT require grand jury indictment for felonies or misdemeanors

vii. Evidentiary consequences

1. Some states permit impeachment by felony convictions & not by misdemeanor convictions

viii. Collateral consequences

1. Some states permit employment to be denied / suspended / terminated based on felony conviction BUT NOT misdemeanor

2. Licensing procedures may be influenced more negatively by felony than by misdemeanor

a. e.g., registering handgun / practicing law or medicine,

3. K Rights may be limited by felony but not misdemeanor

a. e.g., insurance policy denying coverage if insured dies while committing a felony;

4. Right to K may be limited by a felony conviction,

a. e.g., government contractors

5. Right to vote / run for public office may be denied to convicted felons but not misdemeanants

c. Mala in se classification vs. mala prohibita classification

i. Mala in se

1. inherently wrong,

a. e.g., CL offenses

ii. Mala prohibita

1. wrong solely b/c legislature made it a crime

d. Categories of offenses

i. Inchoate/preparatory crimes

1. Attempt

2. Solicitation

3. conspiracy

ii. Crimes against property

1. Larceny

2. Embezzlement

3. false pretenses

4. receiving stolen goods

5. theft

6. bad check

7. forgery

8. uttering

9. misappropriation by fiduciary

iii. Crimes against habitation

1. Burglary

2. arson

iv. Crimes against persons

1. Assault

2. Battery

3. reckless endangerment

4. robbery

5. carjacking

6. false imprisonment

7. kidnapping

8. child abuse

9. abuse of a vulnerable adult

v. Weapons offenses

1. prohibit possession

2. use, or transport of dangerous weapons

3. firearms, or handguns

4. aggravate offenses when committed with dangerous weapons, firearms, or handguns

vi. Sex offenses

1. Rape

2. sex offense by sexual act or contact

3. sodomy

4. unnatural or perverted sexual practices

5. child sexual abuse

6. incest

vii. Homicide offenses

1. prohibit killing persons,

a. e.g., murder, manslaughter, or terminating viable fetus

II. Sources of criminal law

a. Primary authority

i. Case law

1. Courts

ii. Constitutions

1. Constitutions (Fed / State)

iii. Enacted law

1. Legislation

iv. Executive branch

1. in “quasi-legislative” function, promulgates administrative regulations

v. Courts

1. Court rules

vi. Treaties

1. International statutes that are K’s between nations

b. Federal & Md criminal law

i. No federal CL & only statutory (except in D.C.)\

ii. Assimilative Crimes Act (ACA)

1. Fed enclaves in states, e.g., military installations, federal buildings, national parks & forests, if “gap” in fed law, under ACA, fed law adopts state crim law of state where fed enclave is

iii. Md CL & statutes

1. CL may be abrogated / amended via

a. Constitution

b. state statute

c. judicial abrogation

III. Interpretation of criminal law

a. English 1776 CL

i. Md Decl of Rights adopted, as of July 4, 1776, all English case law / most English statutes

ii. Legislature silent

1. Ct of Appeals may create, abrogate, or amend CL

iii. Legislature has made law,

1. Separation of powers = Ct’s can’t make law, only interpret it

b. Stare decisis

i. “like cases decided in like manner”

c. Supreme Court of the U.S.

i. Hears cases en banc

ii. Binds all other courts (with published opinions)

d. U.S. Court of Appeals for the 4th Circuit

i. Cases heard 3-judge panels

ii. Binds U.S. Dist Ct for MD (with binding published opinions in 15% of its cases)

e. Court of Appeals of Md (Highest Court)

i. Hears cases en banc

ii. Binds Ct of Special Appeals, Md CC, & Md DC (with published opinions)

f. Court of Special Appeals of Md (Intermediate Court)

i. Cases before 3-judge panels

ii. Binds Md CC & DC (with binding published opinions in 20% of its cases)

g. Binding courts

i. Binding court has published opinion – court must

1. Apply

2. Distinguish

3. Overrule its prior cases

ii. Lower cts must

1. apply

2. distinguish binding court’s prior cases

iii. Trial courts do not bind other courts

h. Mandatory case law

i. limited to

1. (a) holding / rationale (not dicta unnecessary to court’s opinion),

2. (b) cases not distinguishable to applicable law (same law or law sufficiently similar law)

3. (c) cases not distinguishable as to facts (legally significant facts are analogous)

ii. P