SUBSTANTIVE CRIMINAL LAW

1
SUBSTANTIVE CRIMINAL LAW

• EXAM 2 REVIEW

2
Insanity

• MNaghten Test If at the time of the criminal
  act the defendant was laboring under a mental
  impairment such that he did not know the nature
  or quality of his act or such that he did not
  know that the act was wrong, that person is
  legally insane and not responsible for his own
  conduct.

3
Insanity

• The Durham Rule If the unlawful act was the
  product of mental illness or defect, the
  defendant was not responsible for such act.
• Mental illness may improve or worsen.
• Mental defect is permanent.

4
Insanity

• Most states hold to the MNaghten Rule.
• Model Penal Code Test If the defendant lacked
  substantial capacity either to appreciate the
  criminality of his conduct or to conform his
  conduct to the requirements of the law, he is not
  criminally liable.

5
Affirmative Defense

• Burden is on defendant to raise and prove an
  affirmative defense.
• Any affirmative defense raised must be recognized
  by law as a legitimate rationale that compels or
  justifies the act.

6
Entrapment

• Sting Operations?
• Officer sits outside bar while on DUI patrol?
• Officer provides a vehicle to transport drugs?
• Officer suggests that defendant steals a vehicle
  to transport drugs?

7
Insanity

• Substantive criminal law is only concerned with
  issue of sanity at the time of the crime.
• Procedural criminal law (due process) is
  concerned with sanity before and at the time of
  trial.

8
Alibi

• Alibi is a defense of physical impossibility.
• The defendant must prove that he or she was at
  another place when the acts were committed and
  therefore cannot be guilty of the crime.
• Credibility issues generally weigh in the success
  of this defense.

9
Statute of Limitations

• Limits the time period after a crime during which
  a prosecution may be initiated. Time not counted
  against limit if
• Indictment
• Arrest
• Fugitive
• Most states do not limit murder prosecutions.
• Defendant must raise expiration of the limit as a
  defense.

10
Intoxication

• Involuntary may be defense.
• Voluntary ordinarily not a defense.
• Voluntary may become issue if degree of
  intoxication would impair the ability to know or
  to form a specific intent.

11
Mistake of Law

• Ignorance of the law is no excuse, everyone is
  presumed to know the law.
• The defendant acted in a reasonable belief that
  the law permitted the conduct but was mistaken.
• The state posted signs indicating the speed limit
  was 55 MPH when the actual statutory limit was 70
  MPH.

12
Assault Elements

• Act either actual injury or overt conduct that
  places another in reasonable fear of an imminent
  physical injury.
• Intent Intentionally, knowingly, recklessly.
  Degree of intent determines classification of
  punishment.

13
Aggravated Assault

• 13-1204. Aggravated assault classification
  definition
• A. A person commits aggravated assault if the
  person commits assault as defined in section
  13-1203 under any of the following circumstances
• 1. If the person causes serious physical injury
  to another.
• 2. If the person uses a deadly weapon or
  dangerous instrument.
• 3. If the person commits the assault after
  entering the private home of another with the
  intent to commit the assault.
• 4. If the person is eighteen years of age or
  older and commits the assault upon a child the
  age of fifteen years or under.
• 5. If the person commits the assault knowing or
  having reason to know that the victim is a peace
  officer, or a person summoned and directed by the
  officer while engaged in the execution of any
  official duties. . . .

14
Other Assaults

• 13-1202. Threatening or intimidating
  classification
• A. A person commits threatening or intimidating
  if the person threatens or intimidates by word or
  conduct
• 1. To cause physical injury to another person or
  serious damage to the property of another or
• 2. To cause, or in reckless disregard to causing,
  serious public inconvenience including, but not
  limited to, evacuation of a building, place of
  assembly or transportation facility or
• 3. To cause physical injury to another person or
  damage to the property of another in order to
  promote, further or assist in the interests of or
  to cause, induce or solicit another person to
  participate in a criminal street gang, a criminal
  syndicate or a racketeering enterprise.

15
Domestic Violence

• 13-3601. Domestic violence definition
  classification sentencing option arrest and
  procedure for violation weapon seizure notice
• A. "Domestic violence" means any act which is a
  dangerous crime (statutes listed), if any of the
  following applies
• 1. The relationship between the victim and the
  defendant is one of marriage or former marriage
  or of persons residing or having resided in the
  same household.
• 2. The victim and the defendant have a child in
  common.
• 3. The victim or the defendant is pregnant by the
  other party.
• 4. The victim is related to the defendant or the
  defendant's spouse by blood or court order as a
  parent, grandparent, child, grandchild, brother
  or sister or by marriage as a parent-in-law,
  grandparent-in-law, stepparent, step-grandparent,
  stepchild, step-grandchild, brother-in-law or
  sister-in-law.
• 5. The victim is a child who resides or has
  resided in the same household as the defendant
  and is related by blood to a former spouse of the
  defendant or to a person who resides or who has
  resided in the same household as the defendant.

16
Other Assaults

• 13-1208. Assault vicious animals
  classification exception
• A. A person who owns a dog which the owner knows
  or has reason to know has a propensity to attack,
  to cause injury or otherwise endanger the safety
  of human beings without provocation or which has
  been found to be a vicious animal by a court of
  competent authority, which bites, inflicts
  physical injury on or attacks a human being while
  at large is guilty of a class 6 felony.

17
Homicide v. Murder

• Homicide is the killing of another human being.
  Includes all deaths by other than natural causes
  or acts of God.
• Murder is unlawful killing of another human
  being.

18
Non-criminal Homicide

• Justifiable Homicide
• No fault
• Performing a legal duty police officer in line
  of duty, capital punishment execution,
• Necessary use of deadly force for self defense.
• Military action in time of war.

19
Degrees of Murder

• 1st Degree Murder with premeditation.
• 2nd Degree Murder with less than premeditation.

20
Use of Force

• One may use reasonable force when necessary to
  defend oneself from injury or death.
• Objective test How much force would a
  reasonable and prudent person be justified in
  using under the same circumstances?

21
Stalking

• For the purposes of this section
• 1. "Course of conduct" means maintaining visual
  or physical proximity to a specific person or
  directing verbal, written or other threats,
  whether express or implied, to a specific person
  on two or more occasions over a period of time,
  however short, but does not include
  constitutionally protected activity.

22
Necessity

• The act was necessary to prevent a greater harm.
• Docking a boat at a private dock during a storm.
  
• Breaking into a mountain cabin to prevent
  hypothermia.
• May be required to make restitution.
• Once safe from threat, defense ceases.

23
Duress

• Compelled to commit a crime under fear or threat
  of injury or death.
• Must be a reasonable fear.
• Must stop the act when fear ceases to be
  reasonable.
• Legally, only the person commanding the act has
  the requisite intent to constitute the mens rea.

24
Sexual Conduct with Minors

• 13-1405. Sexual conduct with a minor
  classifications
• A. A person commits sexual conduct with a minor
  by intentionally or knowingly engaging in sexual
  intercourse or oral sexual contact with any
  person who is under eighteen years of age.

25
Sexual Conduct with Minors

• 13-1407. Defenses
• B. It is a defense to a prosecution pursuant to
  sections 13-1404 and 13-1405 in which the
  victim's lack of consent is based on incapacity
  to consent because the victim was fifteen,
  sixteen or seventeen years of age if at the time
  the defendant engaged in the conduct constituting
  the offense the defendant did not know and could
  not reasonably have known the age of the victim.

26
Adultery

• 13-1408. Adultery classification punishment
  limitation on prosecution
• A. A married person who has sexual intercourse
  with another than his or her spouse, and an
  unmarried person who has sexual intercourse with
  a married person not his or her spouse, commits
  adultery and is guilty of a class 3 misdemeanor.
  When the act is committed between parties only
  one of whom is married, both shall be punished.
• B. No prosecution for adultery shall be commenced
  except upon complaint of the husband or wife.

27
Bigamy

• 13-3606. Bigamy classification exception
• A. A person having a spouse living who knowingly
  marries any other person is guilty of a class 5
  felony.
• B. Subsection A of this section does not extend
  to a person whose spouse by the former marriage
  has been absent for five successive years without
  being known to such person within that time to be
  living, nor to any person whose former marriage
  has been pronounced void, annulled or dissolved
  by judgment of a competent court.

28
THEFT

• Taking
• Away (asportation)
• Personal property
• Of another person
• With intent to permanently deprive
• Is joyriding a theft?

29
Theft Question 1

• Was the security guard in possession of the
  contents of the store or did he have custody and
  control?
• Why does this make a difference?
• Could Burglary be a proper charge?

30
Question 4

• What must be shown in order to charge Larceny?
• What about intent?
• Any charge available?

31
Question 6

• What are elements? What facts meet elements?
• Any defense? Mistake?
• What intent?

32
ARIZONA ROBBERY

• 13-1902. Robbery classification
• A. A person commits robbery if in the course of
  taking any property of another from his person or
  immediate presence and against his will, such
  person threatens or uses force against any person
  with intent either to coerce surrender of
  property or to prevent resistance to such person
  taking or retaining property.

33

• 13-1904. Armed robbery classification
• A. A person commits armed robbery if, in the
  course of committing robbery as defined in
  section 13-1902, such person or an accomplice
• 1. Is armed with a deadly weapon or a simulated
  deadly weapon or
• 2. Uses or threatens to use a deadly weapon or
  dangerous instrument or a simulated deadly weapon.

34

• 13-1903. Aggravated robbery classification
• A. A person commits aggravated robbery if in the
  course of committing robbery as defined in
  section 13-1902, such person is aided by one or
  more accomplices actually present.

35
ROBBERY CASES

• Weapon either actual or simulated must actually
  be present and used in a threatening manner to
  satisfy threatens to use element of armed
  robbery. Mere verbal threat to use deadly weapon
  cannot constitute armed robbery. State v. Garza
  Rodriquez, 164 Ariz. 107 (1990).