Chapter 4Chapter 4

The LawThe Law

IntroductionIntroduction

English law is based upon two similar English law is based upon two similar conceptsconcepts Common law: tradition or customCommon law: tradition or custom Case law: A decision of a judge in the Case law: A decision of a judge in the

original case becomes a standard for the original case becomes a standard for the restrest

Laws can be violated by acts of omission Laws can be violated by acts of omission or commissionor commission

Utah LawUtah Law

Utah Code Annotated is the statutory law Utah Code Annotated is the statutory law for Utahfor Utah Made up of 78 different titlesMade up of 78 different titles Designates various judicial rulesDesignates various judicial rules To delineate a specific law, a number To delineate a specific law, a number

system was adoptedsystem was adopted TitleTitle ChapterChapter SectionSection

General ProvisionsGeneral Provisions

Jurisdiction: the right or authority of a Jurisdiction: the right or authority of a government entity to determine the proper government entity to determine the proper location for a triallocation for a trial

Limitations are placed on how long the judicial Limitations are placed on how long the judicial proceedings begin after a crimeproceedings begin after a crime

Prosecution begins when an information is filedProsecution begins when an information is filed Information: a legal document specifying which law Information: a legal document specifying which law

has allegedly been violated and what proof there ishas allegedly been violated and what proof there is The right to be free from double jeopardy is The right to be free from double jeopardy is

also definedalso defined

Principles of Criminal Principles of Criminal ResponsibilityResponsibility

There are four levels of responsibility in There are four levels of responsibility in the Utah Codethe Utah Code Intentional Intentional Knowing Knowing RecklessReckless NegligentNegligent

Prosecution must prove Prosecution must prove mens rea mens rea (guilty (guilty mind) and mind) and actus reaactus rea (guilty act) (guilty act)

Elements of a CrimeElements of a Crime

Each statute is composed of elements, each Each statute is composed of elements, each which must be proven in order for the which must be proven in order for the defendant to be found guiltydefendant to be found guilty

Some elements are always present Some elements are always present The issue of court jurisdictionThe issue of court jurisdiction The culpable mental state of the defendantThe culpable mental state of the defendant

Other elements such as whether the defendant Other elements such as whether the defendant was present or not must be proved alsowas present or not must be proved also

Classification of Criminal Classification of Criminal OffensesOffenses

Criminal acts are classified by the Criminal acts are classified by the seriousness of the crimeseriousness of the crime

Three categories have been establishedThree categories have been established Felony: An offense punishable by a prison Felony: An offense punishable by a prison

sentencesentence Misdemeanor: An offense punishable by a Misdemeanor: An offense punishable by a

jail sentencejail sentence Infraction: No jail sentence, fine up to $750Infraction: No jail sentence, fine up to $750

ClassificationsClassifications

FelonyFelony Capital: Aggravated MurderCapital: Aggravated Murder First Degree: Murder, aggravated burglary, robbery, First Degree: Murder, aggravated burglary, robbery,

kidnapping, rapekidnapping, rape Second Degree: Manslaughter Sexual abuse, theft of items +Second Degree: Manslaughter Sexual abuse, theft of items +

$5000$5000 Third Degree: Theft $1000-$5000, Aggravated AssaultThird Degree: Theft $1000-$5000, Aggravated Assault

MisdemeanorMisdemeanor Class A: Vehicle burglary, assault on Peace OfficerClass A: Vehicle burglary, assault on Peace Officer Class B: Assault, Theft < $300Class B: Assault, Theft < $300 Class C: Disorderly conduct, traffic violations, trespassClass C: Disorderly conduct, traffic violations, trespass

Infraction: Disorderly conduct where no warning has Infraction: Disorderly conduct where no warning has occurredoccurred

Inchoate OffensesInchoate Offenses

An offense which has not been An offense which has not been completed or finishedcompleted or finished

Attempted CrimeAttempted Crime The offender began the crime but wasn’t The offender began the crime but wasn’t

able to complete itable to complete it

ConspiracyConspiracy An agreement with one or more persons to An agreement with one or more persons to

commit a crimecommit a crime

Crimes Against PersonsCrimes Against Persons

Major categories include Assault, Criminal Major categories include Assault, Criminal Homicide, Kidnapping, and Sexual OffensesHomicide, Kidnapping, and Sexual Offenses Murder: Intentionally killing someoneMurder: Intentionally killing someone Manslaughter: Killing someone because of Manslaughter: Killing someone because of

recklessnessrecklessness Kidnapping: The intentional detaining someoneKidnapping: The intentional detaining someone Rape: Having sexual intercourse without the victim’s Rape: Having sexual intercourse without the victim’s

consentconsent Assault: Unlawful force or violenceAssault: Unlawful force or violence

Crimes Against PropertyCrimes Against Property

Major categories include Mischief, Burglary, Major categories include Mischief, Burglary, Trespass, Robbery, Theft, and FraudTrespass, Robbery, Theft, and Fraud Arson: Damaging property by use of fireArson: Damaging property by use of fire Criminal Mischief: Vandalism or tampering with Criminal Mischief: Vandalism or tampering with

someone else’s propertysomeone else’s property Burglary: Enters illegally into a building with the Burglary: Enters illegally into a building with the

intent to commit a crimeintent to commit a crime Criminal Trespass: Enters unlawfully on property Criminal Trespass: Enters unlawfully on property

knowing it is unlawfulknowing it is unlawful Robbery: Taking of personal property by using forceRobbery: Taking of personal property by using force Theft: Illegally taking the property of someoneTheft: Illegally taking the property of someone

Crimes against government Crimes against government and public orderand public order

Interfering with an arrestInterfering with an arrest Obstructing JusticeObstructing Justice EscapeEscape False Report of a CrimeFalse Report of a Crime False Personal Information to a Peace False Personal Information to a Peace

OfficerOfficer

Crimes Against Public Crimes Against Public Order and DecencyOrder and Decency

Disorderly ConductDisorderly Conduct Class C misdemeanorClass C misdemeanor

Telephone HarassmentTelephone Harassment Class B misdemeanorClass B misdemeanor

IntoxicationIntoxication Class C misdemeanorClass C misdemeanor

LewdnessLewdness Class B misdemeanorClass B misdemeanor

Offenses Against Public Offenses Against Public Health, Safety, Welfare, and Health, Safety, Welfare, and MoralsMorals

Includes laws dealing with cigarettes, tobacco, Includes laws dealing with cigarettes, tobacco, psychotoxic chemical solvents, weapons, psychotoxic chemical solvents, weapons, gambling, pornography, prostitution, fences, gambling, pornography, prostitution, fences, and explosivesand explosives Anyone who is not a citizen, is addicted to drug, has Anyone who is not a citizen, is addicted to drug, has

committed a crime, or is mentally incompetent committed a crime, or is mentally incompetent cannot own a weaponcannot own a weapon

People under 18 can’t have a weapon unless he has People under 18 can’t have a weapon unless he has the permission of his parentthe permission of his parent

A person can’t carry a loaded firearm in a vehicle or A person can’t carry a loaded firearm in a vehicle or on any public streeton any public street

Alcohol Related OffensesAlcohol Related Offenses

No one under the age of 21 cannot No one under the age of 21 cannot purchase, solicit, possess, or consume purchase, solicit, possess, or consume any alcoholic beverageany alcoholic beverage

A person is liable if they give, sell, or A person is liable if they give, sell, or provide an alcoholic beverage to provide an alcoholic beverage to someone under 21someone under 21

Local Laws and Local Laws and OrdinancesOrdinances

Laws are enacted at all levels of Laws are enacted at all levels of governmentgovernment

Examples include:Examples include: Unlawful acts about schools, or collegesUnlawful acts about schools, or colleges Annoying, disturbing, or molesting those on Annoying, disturbing, or molesting those on

school groundsschool grounds Unlawful to idle, wander, or play in any Unlawful to idle, wander, or play in any

school property without a good reason for school property without a good reason for being therebeing there

ExpungementExpungement

The sealing or destruction of a criminal recordThe sealing or destruction of a criminal record Must be 18 years oldMust be 18 years old $25.00$25.00 A petition must be filed for each conviction the A petition must be filed for each conviction the

petitioner wishes to have expungedpetitioner wishes to have expunged Can’t expunge capital, first degree, or second degree Can’t expunge capital, first degree, or second degree

felonyfelony

Expungements can’t be considered until a certain Expungements can’t be considered until a certain amount of time has elapsed, depending on the amount of time has elapsed, depending on the severity it could be 7 to 15 yearsseverity it could be 7 to 15 years