Chapter 6

The Nature of Crimes

Crimes are public wrongs, and are classified as being: Felonies Misdemeanors Summary or petty offenses.

The Nature of Crimes

The Essentials of Crime Prior Statutory Prohibition

Ex post facto laws Proof Beyond a Reasonable

Doubt

The Defendant’s Capacity

Mens rea Voluntary Intoxication Infancy Insanity

ACTUS REAS V. MENS REA

State of Mind can be General intent Specific intent Transferred intent Criminal negligence

Homicide

MURDER 1st°

Willful & premeditated Felony murder

Death during the commission of a violent crime

2nd ° Intentional, but not

premeditated or planned

MANSLAUGHTER Voluntary

No prior intent “heat of passion”

Involuntary Unintentional Reckless or criminally

negligent Homicide by vehicle

Voluntary intoxication

Not usually a defense Can mitigate intent

Infancy At common law

<7 could not commit a crime 7-14 presumption against the ability to

commit a crime Over 14, tried as adult

In Georgia today Usually a juvenile proceeding if <17, or <21 but committed before 17, or <18 if status offender But if crime is serious, can be tried like

any adult.

Insanity

M’Naughten Rule (1843) Defendant did not know the nature

and quality of his/her actions, or Did not know what he/she was

doing was wrong

Insanity- other tests

Irresistible Impulse Absolves a defendant who can distinguish right

and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong. (This test is also known as the "policeman at the elbow" test: Would the defendant have committed the crime even if there were a policeman standing at his elbow?).

The Durham/New Hampshire Test Defendant is entitled to acquittal if the crime

was the product of his mental illness (i.e., crime would not have been committed but for the disease). The test, also called the Product Test, is broader than either the M'Naghten test or the irresistible impulse test.

Guilty, but mentally ill

In Georgia, defendant is turned over to corrections who can send him/her for mental treatment.

There are a number of differences between civil and criminal cases.

The Nature of Crimes

Criminal Procedure Protection Presumption of Innocence Exclusionary Rule Probably Cause Requirement Prohibition against Double Jeopardy Miranda Warning Trial by Jury Right of Confrontation No Cruel and Unusual Punishment

Constitutional protections in a criminal case 4th amendment:

No unreasonable searches & seizures 5th Amendment : self-incrimination

No double jeopardy Due process

6th Amendment Speedy and public trial by jury Informed of crime Confront witnesses Compel witnesses to testify Representation by counsel

8th amendment No cruel and unusual punishment

14th amendment applies these to the states

Arrest Probable cause Neutral & detached magistrate Flight alone is not enough

Report of crime, description of perpetrators Arrest without a warrant?

Committed in police presence No time Must still have probable cause

Search follows arrest If arrest wasn’t legal, search isn’t legal

Stop and frisk Armed and dangerous Genuinely concerned for safety of self and

others

Search & seizure Must have probable cause to believe an item is

in the place being searched Must get a warrant from neutral & detached

magistrate whenever possible Make application which includes

Identity of items Description of premises Name of owner Crime Facts that indicate how police know probable cause

exists Anonymous tip isn’t enough. Must indicate that

informant is reliable How does he/she know the items are there? Used informant before

Search & seizure

Search without a warrant Consent Incident to lawful arrest

Search person and area within immediate control

Looking for weapon No time-hot pursuit

Search & Seizure

Plain view What is the effect on case if

arrest/search are not legal? Any evidence illegally obtained must be

SUPPRESSED This is the EXCLUSIONARY RULE

Fruit of the poisonous tree doctrine

If the tree (arrest/search) is illegal, the fruit from it is also illegal

Miranda Warnings

When arrested, must be given Before any custodial interrogation If the suspect decides to waive

his/her rights, waiver must be KNOWING, INTELLIGENT AND VOLUNTARY

The Nature of Crimes

Crimes and People in Business White-collar Crime

Today, corporate officials and agents may be held liable for crimes that they personally commit, for crimes they aid or abet, and for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control

The Sarbanes-Oxley Act of 2002 RICO The Foreign Corrupt Practices Act

The Nature of Crimes

Cybercrime The Electronic Communications Privacy Act The Computer Fraud and Abuse Act Recent Developments in Cybercrime

Cyber Security Enhancement Act of 2002 USA PATRIOT Act

International Efforts to Combat Cybercrime