Class #1: Criminal Classification, Sources of Criminal Law, & Interpreting Criminal Law
I. Classification of crimes
A. Felony classification vs. misdemeanor classification
1. Felony offenses
a. Common law felonies: The common law felonies were Murder, Rape, Manslaughter, Robbery, Sodomy, Larceny, Arson, Mayhem, and Burglary (MR. & MRS. LAMB).
b. Md. felonies
(1) Common law felonies
(2) Statutory offenses that provide that offense is a felony
2. Misdemeanor offenses: Offenses that are not felonies are misdemeanors.
3. Significance of felony-misdemeanor distinction
a. Within elements, e.g., felony murder, burglary, misprision of a felony, compounding a felony.
b. Subject matter jurisdiction: District courts have exclusive jurisdiction over most misdemeanors, and circuit courts have exclusive jurisdiction over most felonies.
c. Statute of limitations: For all felonies and for misdemeanors with confinement in the Division of Correction (DOC), there is no statute of limitations. For most misdemeanors with no statutory penalty of DOC confinement, there is a one-year statute of limitations.
d. Accomplice liability consequences
(1) Felonies: For felonies, accomplice liability is divided into principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact.
(2) Treason: For treason, all parties are principals.
(3) Misdemeanors: For misdemeanors, all parties are principals, except accessories after the fact have no criminal liability.
e. Effect on applicability of defenses
(1) Defense of property: Defense of property requires an inherently dangerous felony to permit the use of deadly force.
(2) Crime prevention: At common law, misdemeanor warrantless arrests required the crime to be committed in the officer’s presence. There was no limitation on felony warrantless arrests.
f. Sentencing consequences
(1) Value of property: Classification of a crime against property as a felony or misdemeanor is based on the value of the property. Under both the theft offense statute and the bad check statute, if the value of the property is at least $500, the offense is a felony. Otherwise, it is a misdemeanor.
(2) Enhancement, recidivist, & mandatory sentencing statutes
(a) Penalty more severe because of prior felony
(b) Classification changed from misdemeanor to felony because of prior offenses
g. Criminal procedure consequences
(1) Right to counsel: The Sixth Amendment right to counsel applies to all felonies, but it only applies to misdemeanors if there is potential incarceration.
(2) Grand jury indictment: The Fifth Amendment requirement of a grand jury indictment for federal felony prosecutions does not apply to federal misdemeanor prosecutions.
h. Evidentiary consequences: Some jurisdictions permit impeachment based on certain felony convictions but not based on certain misdemeanor convictions.
i. Collateral consequences
(1) Employment: Hiring, suspension, and termination may all be affected by felony convictions more severely than by misdemeanor convictions.
(2) Licensing: Licensing procedures may be more negative based on a felony conviction, compared with a misdemeanor conviction.
(3) Contractual rights: Contractual rights may be limited by a felony but not by a misdemeanor.
(4) Right to vote: The right to vote may be denied to convicted felons but not to convicted misdemeanants.
(5) Eligibility for elected office: The right to seek elected office may be denied to convicted felons but not denied to convicted misdemeanants.
(6) Jury service: The right to serve on a jury may be denied to convicted felons but not denied to convicted misdemeanants.
B. Mala in se classification versus mala prohibita: Mala in se is inherently wrong, but mala prohibita is wrong solely because the legislature makes it a crime.
II. Sources of criminal law
A. Primary authority: Primary authority consists of case law and enacted law (constitutions, charters, statutes, ordinances, administrative regulations, rules of court, and treaties).
B. Maryland criminal law: Maryland criminal law exists in both a common law format and an enacted law format.
1. Common law: Md. Decl. Rights art. 5 adopts, as Maryland law, as of July 4, 1776, all English case law and those English statutes that “by experience have been found applicable and been used.” Maryland’s common law may be amended by constitutional amendment, MGA enactment, COA promulgated rule, or judicial abrogation of the common law.
2. Enacted law – Md. Ann. Code
C. Federal criminal law
1. Common law: There is no federal common law, except in the District of Columbia.
2. Enacted law: The federal criminal code is located in 18 U.S.C.
3. Assimilative Crimes Act: Federal law applies in federal enclaves located in states. When there is a “gap” in federal criminal law because Congress has not prohibited certain conduct, federal law is found in the Assimilative Crimes Act, which adopts, as federal criminal law, the criminal law of the state in which the federal enclave is located.
III. Interpretation of substantive criminal law
A. Common law/case law
B. Enacted law
1. Applicability of rules of statutory construction
a. Statutes plain on their face: Start with the language of the statute.
(1) Everyday language
(2) Terms of art
b. Statutes that are ambiguous
c. Statutes that are void for vagueness: Fifth Amendment DPC applies against the federal government, and Fourteenth Amendment DPC applies against the states. A statute must provide fair warning and notice, must not be susceptible to arbitrary and discriminatory enforcement, and must not create a “chilling effect” on the exercise of constitutional rights.
2. Principles of statutory construction
a. Legislative intent
(1) Legislative history
(a) Federal legislation
i. Reports
a. Joint House-Senate conference committee reports
b. House or Senate committee reports
ii. Debates & comments in House or Senate
iii. Hearings
(b) State legislatures
(c) Local legislatures.
(2) General purpose of statute: Start with the title of the legislation and examine its preamble or introduction.
(3) Presumption of legislative awareness of existing law
(a) Implicit acceptance through reenactment
(b) Implicit acceptance through inaction
(c) Express rejection
b. Strict/narrow statutory construction
(1) Statutes in derogation of common law
(2) Criminal statutes
c. Constitutional questions
(1) Presumption of constitutionality of enacted law
(2) Severability if presumption fails
d. Common sense approach
e. Implied exceptions: Courts may “read into” a statute an exception that the legislature must have meant.
f. Construe statute as a whole: No statute should be construed to render superfluous or nugatory any word, phrase, clause, or sentence.
g. Statutes in pari materia: Multiple statutes should be r
. waters not in any state: There is concurrent federal/state power to control conduct, under federal law, if the conduct is committed on internal U.S. waters not located in any state.
(3) In state owned & controlled territory: In state owned and controlled territory, the federal government may have the power to control conduct, pursuant to express or implied constitutional powers, and simultaneously states have the power to control conduct, under their broad police powers.
c. Concurrent power between multiple state governments: Two states may provide that both states have the power to control particular conduct, e.g., on boundary waters if unlawful in both states.
4. Double jeopardy: Fifth Amendment prohibition against double jeopardy is not violated if two governments/sovereigns, with concurrent power to control conduct, both prosecute Defendant for the same conduct because double jeopardy only protects against being twice placed in jeopardy by the same sovereign.
II. Personal jurisdiction of governments/sovereigns over conduct & over Defendant: There must be sufficient connection between the government/sovereign and Defendant’s conduct for that sovereign to have personal jurisdiction over Defendant.
A. Personal jurisdiction in state criminal cases
1. Territorial jurisdiction: Personal jurisdiction in state courts is determined on a territorial theory of jurisdiction, i.e., whether the situs or locus of the offense occurred in that sovereign. Md. common law requires the “essential,” “key,” or “vital” element take place in Md.
2. Situs or locus of offense
a. Affirmative act offense: The situs or locus of an affirmative act offense is the place where the prohibited conduct occurred..
b. Omission/failure to act offense: The situs or locus of an omission to act offense is the place where the omission to act took place, i.e., where the required act should have been performed.
c. Continuous conduct: Personal jurisdiction over an offense that is part of a continuous conduct may include jurisdiction for offenses in other jurisdictions that are part of that continuous conduct.
d. Required result offense: If the offense requires a specific result, the situs or locus of the offense is where the result occurred. It may be sufficient if the result was intended to take place in the jurisdiction, even if Defendant never entered the jurisdiction.
3. Burdens: Because territorial jurisdiction is rebuttably presumed, Defendant must generate the issue. If generated, the State must persuade the finder of fact, beyond a reasonable doubt, that there is territorial jurisdiction..
B. Personal jurisdiction in federal criminal cases
1. Territorial jurisdiction: Personal jurisdiction requires the situs or locus of the offense be in the prosecuting federal district.
2. Alternative tests
a. Personal jurisdiction based on national or citizenship theory: A national or citizenship theory of personal jurisdiction is based on the federal government’s
