CRIM LAW
Is it wrong? Morals and such
Is it against the law?
Divine law vs. Human law: some overlap but not complete
Morality vs. the law
Civil vs. criminal
What makes a wrong a crime?
Harm? Heinousness?
Is it the amount or type of punishment?
What is a crime and who decides?
In 2008, in the US, legislatures bear the primary responsibility for deciding what is and is not a crime.
To some extent, a crime is whatever conduct the legislature categorizes as criminal.
Nonetheless, the things legislatures categorize as crimes have similar characteristics:
Crime= act+ harm+ culpable mental state+ causation
D’s Journey
Arrest (does not have to be the first step. Can start w/ indictment or arrest warrant.)
Bail or detention (under different circumstances, different things can happen here)
Charges filed: indictment or information (generally the job of prosecutor. Prosecutor has to decide to file charges. Has to present info to grand jury. True bill. In some jurisdictions there is no screening by grand jury necessary. In those states, there will be a post-filing screening function by the court.)
Arraignment (D is brought before judge to plead. Counsel appointed for indigent)
Discovery process (sides share some info)
{Plea?} (there is an opportunity for D to plead out and get lesser charges and not go to trial. Most cases are solved by plea rather than trial.)
Trial (occurrence of trial that gives rise to legal issues and opinions of judges. Conviction. Acquittal. Hung jury.)
Sentencing (if a conviction… )
arrying, co-habitation w/, & fathering children w/ mother
Count 3:
Murder: criminal homicide constitutes murder when:
a. It is committed purposely or knowingly (
Manslaughter:
a. Causes the death of another recklessly or under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.
Defenses:
a. Self-defense: MPC §(2)(b):deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, etc…
b. Mental state: some sort of guilty mind is necessary for criminal guilt
Defending ancient views of criminal liability
a. Focuses on consequences or harms, not on intentions
b. Avoids problems of proving state of mind
c. Deterrence
d. Assigning blame and punishment to person who caused harm keeps the peace
Methods of dealing w/ crime in Anglo-Saxon and early Norman Law
a. Manifest criminality: could be killed on the spot
b. Blood feud: family pursued justice against the wrongdoer
c. Composition payments (weregilt): may be made to victim or family
d. Right to private vengeance co-exists w/ peacekeeping repayments to society
Slowly the blood feud goes out and the payments become more and more prevalent and not optional. Trend is away from solely consequences and shifts to culpability w/ consequences.
