Criminal Law for Criminal Justice CJ230-07

1
Criminal Law for Criminal JusticeCJ230-07

• Instructor John Sullivan, J.D.

2
Contact Information

• John Sullivan
• E-mail jsullivan3_at_kaplan.edu
• jpsully34_at_yahoo.com
• Phone [phone]

3
Grading

• Discussion Boards
• 1.    Postings demonstrate critical thought
• 2.   Postings are in the 100-word range,
• 3.    At least 2-postings made per discussion
  thread (one in response to question and one
  responding to another students posting),
• 4.    All postings made prior to the conclusion
  of each unit.
• It should be noted that you will not be able to
  post messages after the conclusion of each unit.
  

4
Grading

• Seminars
• Try to be on time.
• Try to participate as much as possible.
• In seminars we should vigorously debate the
  points but make sure to stay on topic.
• Use net etiquette. You are required to remain
  respectful of others at all times.

5
Grading

• Papers
• There are four papers and a Powerpoint Project in
  this course. They are not very long, but they
  are worth over half of the total points for the
  course.
• Unit 2, Unit 4, Unit 6 (Powerpoint), Unit 7, Unit
  9.
• Good news, there is no midterm in Unit 5/

6
Grading

• Unit 2 paper 300-500 Words, about one page on
  criminal intent. (90 points)
• Unit 4 paper 2-4 pages on Elements of Attempt
  Murder and impossibility defense. (90 points)
• Unit 6 project 4 Slides of Content Powerpoint
  about a case you research concerning federal and
  state jurisdiction. (90 Points).
• Unit 7 paper 3-4 pages on the Juvenile death
  penalty (80 points)
• Unit 9 Final 3-5 pages discussing various
  crimes (110 points)

7
Grading

• The moral of the story is start working on these
  papers now. This is not a class where you can
  fall way behind and catch up easily.
• You should plan to use the midterm week to work
  ahead on your Unit 6,7 and 9 assignments.

8
Unit 1 The Nature, Purpose, and Constitutional
Context of Criminal Law and Actus Reus

• Post Introduction (Course Home)
• Attend Seminar
• Read Chapters 1 4
• Respond to Discussion Question other student
  responses
• Review Supplemental Material in Unit 1
• Take Quiz

9
SURVIVAL OF THE FITTEST
10
We hold these truths to be self-evident, that
all men are created equal, that they are endowed
by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the
pursuit of Happiness. That to secure these
rights, Governments are instituted among Men,
deriving their just powers from the consent of
the governed. Declaration of Independence,
1776
11
COMMON LAW

• Originated with Judges/Courts in England
• Adopted by Judges in the United States
• Most States replaced Common Law with Criminal
  Codes

12
Criminal Law or Civil Law?

• Some have defined Criminal law as those laws
  prohibiting conduct that will result in the
  formal and solemn pronouncement of the moral
  condemnation of the community.
• Civil Laws are those laws that primarily deal
  with wrongs committed against an individual
  rather than against societys interests.

13
Criminal Law or Civil Law

• The Burden of Proof,
• Can anyone tell me the different burdens of proof
  in Civil cases and Criminal cases?

14
Criminal Law or Civil Law

• Civil Law cases only have to be approved by a
  preponderance of the evidence.
• Criminal Law cases require proof beyond a
  reasonable doubt.

15
Criminal Law

• Professors Jerome Hall14 and Wayne R. LaFave15
  identify the basic principles that comprise the
  general part of the criminal law. Think of the
  general part of the criminal law as the building
  blocks that are used to construct specific
  offenses such as rape, murder, and robbery.

16
Criminal Law

• Criminal Act. A crime involves an act or failure
  to act. You cannot be punished for bad thoughts.
  A criminal act is called actus reus.
• Criminal Intent. A crime requires a criminal
  intent or mens rea. Criminal punishment is
  ordinarily directed at individuals who
  intentionally, knowingly, recklessly, or
  negligently harm other individuals or property.
• Concurrence. The criminal act and criminal
  intent must coexist or accompany one another/

17
Criminal Law

• Causation. The defendants act must cause the
  harm required for criminal guilt, death in the
  case of homicide, and the burning of a home in
  the case of arson.
• Responsibility. Individuals must receive
  reasonable notice of the acts that are criminal
  so as to make a decision to obey or to violate
  the law. In other words, the required criminal
  act and criminal intent must be clearly stated in
  a statute.

18
Criminal Law

• Defenses. Criminal guilt is not imposed on an
  individual who is able to demonstrate that his or
  her criminal act is justified (benefits society)
  or excused (the individual suffered from a
  disability that prevented him or her from forming
  a criminal intent).

19
Different Categories of Crime

• Why is it necessary to categorize crime?
• How do we classify crimes?

20
Felony or Misdemeanor

• Felonies are punishable by more than a year in
  jail or death.
• Some felonies are referred to as capital felonies
  they are the offenses that can result in the
  death penalty or life in prison in those States
  that do not have the death penalty.
• Misdemeanors are punishable up to a year in jail.

21
Mala in se. / Mala Prohibita

• Mala in se crimes that are inherently evil
• Mala Prohibita crimes considered wrong only
  because they are prohibited by statute

22

• Can anyone give any examples of mala in se
  crimes?
• Can anyone give any example of mala prohibita
  crimes?

23
Property Crimes / Crimes against the Person

• Property Crimes Burglary, criminal damage,
  trespassing, theft, forgery, etc.
• Crimes Against the Person Murder, manslaughter,
  rape, battery, assault, kidnapping, false
  imprisonment, sexual offenses, robbery, etc.

24
Classification of Crimes

• The textbook is organized in accordance with the
  subject matter of crimes, the scheme that is
  followed in most state criminal codes. There is
  disagreement, however, concerning the
  classification of some crimes. Robbery, for
  instance, involves the theft of property as well
  as the threat or infliction of harm to the
  victim, and there is a debate about whether it
  should be considered a crime against property or
  against the person.

25
Classification of Crimes

• Why does it matter?
• Does it matter?
• What do you think?

26
Classification of Crimes

• Felony v. Misdemeanor
• A felony can really ruin your life.
• A misdemeanor usually can be expunged.

27
Classification of Crimes

• Sex Crimes and Sex Offender Registration
• This has become a real problem that Criminal
  Justice professionals across the country are
  trying to deal with.
• Can anyone think of why?

28
Classification of Crimes

• Jaycee Dugard- Kidnapped at 11 years old and kept
  in a California Backyard for 18 years.
• Why didnt the police raid the backyard of this
  convicted rapist when they learned there were
  kids in it?
• Because his rape conviction was not for the rape
  of a child and the classification did not prevent
  him from having contact with children.

29
Classification of Crimes

• What about an 18 year old having sex with a 16
  year old?
• Is this person a sex offender? How do we
  classify it?

30
Substantive Law / Criminal Procedure

• Can anyone tell me the difference?

31
Good Luck

• I am here to help.
• This is a very interesting course and we cover a
  lot of ground. This course is the foundation for
  much of what you will do with your career at
  Kaplan and beyond.
• Please do not hesitate to contact me with any
  concerns or questions.

32
Unit 1 The Nature, Purpose, and Constitutional
Context of Criminal Law and Actus Reus

• Post Introduction (Course Home)
• Attend Seminar
• Read Chapters 1 4
• Respond to Discussion Question other student
  responses
• Review Supplemental Material in Unit 1
• Take Quiz