Criminal Law ch 5-8

Principal in the 1st degree

The participant who actually committed the proscribed act I.e. A Person enters the store, points a gun at a checker, and demands that money be placed in a bag

Diminished capacity

The principle that having a certain recognized form of diminished mental capacity while committing a crime should lead to the imposition of a lesser punishment or to lowering the degree of the crime

Co-conspirators rule

The principle that statements by member of a proven conspiracy maybe used as evidence against any of the members of the conspiracy they can testify against each other

Inchoate crimes

A crime is attempted to be completed, but for factual or statutory reasons, the actual crime has not been completed Elements of this crime: 1. Intent 2. An act in furtherance of the intent 3. But the crime is not completed Substantial step to completion test: The defendant took some type of substantial step toward completing the crime

Castle doctrine

"A man's home is his castle" An exception to the retreat doctrine, one has no obligation to retreat from his or her home before using deadly force to repel intruder

United States v. Windsor,

A 2013 Supreme Court's decision: -it invalidated a provision of the Defense of Marriage Act, - it contains sweeping equal protection and due process language that can be interpreted as foreshadowing a decision securing a right to same sex marriage in the near future.

breech of the peace

A vague term for any illegal public disturbance; sometimes refers to the offense known as "disorderly conduct." It is defined and treated differently in different states.

Able and baker were inmate sharing sale in state prison. During their stay, they planned a convenience store robbery for after the release. They decided which store to Rob, when they would Rob it, and what method they would use. Having frequented the store on many occasions, able knew that the store have a safe and that the employees did not have access to its contents. Neither able nor Baker had any experience with breaking into saves and decided to seek help. Accordingly, they sought out nitro, a fellow inmate who is a known explosives expert. They requested his assistant and promised to pay him 1/3 of the total recovery. He agreed. However, he would be able only to teach the two had to gain entry to the safe, because he was not scheduled for release until after the day they had planned for the robbery. He added that he owns a house in the area and that I would be available for them to use as a hide out until the heat was off. It's who were released as planned and drove to the town where the store was located. As instructed by nitro, the two went to a store and purchase the materials necessary to construct an explosive, which was to be used to gain entry to the safe. That evening, able and baker went to the convenient store with their homemade explosive. They left the car they were traveling in and went to the rear of the store to gain entry through the back door. However, as they enter the alley behind the store, they encountered a police officer. The officer, suspicious of them, exam in the bag and discover the bomb. Able and baker is skate from the officer and stated nitro's house for three days before being discovered and arrested. 1. What crimes as able committed? 2. What crimes is baker committed? 3. What crimes has nitro committed?

1. the conspired to rob the store -they committed solicitation by engaging in the services of nitro -attempted robbery -the acts of buying materials to construct the bomb, constructing the bomb, and going to the store are beyond preparation -burglary and possession of burglary tools may have been committed 2. Same crimes as able 3. Nitro is a conspirator. An accessory before the fact, he is liable for attempted robbery. By providing the house, nitro also is an accessory after the fact

Perjury

Lying while under oath, especially in a court proceeding. It is a crime.

Principal in the 2nd degree

A party who aids, councils, assists, or encourages the principal in the 1st degree during the commission of the crime. A party must be present during a crime to be a principal in the 2nd°. However, constructive presence is sufficient. -i.e. Waits in the getaway car outside the store

Ch 7 Principal

A person directly involved with committing a crime, as opposed to an accessory

Affirmative defense

A defense that is more than a simple denial of the charges. It raises the new matter that may result in an acquittal or reduction of liability. It is a defense that must be affirmatively raised, often before trial or it is lost Defenses that raise the question of the defendants mental state to commit a crime (insanity and intoxication), whether justification or excuse existed to commit the crime (self-defense), and alibi fall into the affirmative defense class

forfeiture

A deprivation of money, property, or rights, without compensation, as a consequence of a default or the commission of a crime. The money/stuff goes to the department that arrested/charged the perpetrator

Stand your ground

A law that enables a person to use deadly force to repellent attack without first retreating Stand your ground laws are essentially the extension of the Castle doctrine to public spaces. -The victim of an attack that threatens life or limb in any space, not just the home or car, does not have a duty to retreat, even if a safe retreat is available

false pretenses

A lie told to cheat another person out of his or her money or property. The elements of false pretenses are (1) a false representation of (2) a material present or past fact (3) made with knowledge that the fact is false (4) and with an intent to defraud the victim (5) thereby causing the victim to pass title to property to the actor. To prove the first element, it must be shown that the actor made a false representation. This representation may be made orally or by writing, or may be implied by one's actions. Second element: The false representation must be important to the transaction. If the statement is important, the law says that it is material. -Generally, a representation is material if it would have had an impact on the victim's decision making had the victim known the truth at the time the transaction took place Third Element: The fact conveyed by the actor must not only be material, but it must also concern a present fact or past fact. -In this context, present refers to the time of the transaction. -Statements of expected facts, promises, predictions, and expectations cannot be the basis of false pretenses. Fourth Element: It must also be proved that the defendant knew the statement was false. -An unintentional misrepresentation is not sufficient to establish this element in most jurisdictions, -although most jurisdictions will find knowledge if the lower mens rea standard, recklessness, is proved. Fifth Element: Finally, The defendant must have the additional mens rea of "intent to defraud."

The case of State vs Haynes

A man attempting to commit suicide, officers tried to do cpr and save him, he jumped up and started spewing blood on them and he had aids and was trying to purposefully spread aids to the officers This was a first impression case; meaning that it had not been a case before this one. And Haynes was convicted of attempted murder

prostitution

A person offering her (in most states, his or her) body for sexual purposes in exchange for money. A crime in most states. prostitution is prohibited in every state except Nevada, where each county is given the authority to determine whether it should be permitted. Prostitution is defined as (1) providing (2) sexual services (3) in exchange for compensation. -In a few states, only intercourse is included in the definition of sexual services. -In most states, however, sexual services include sodomy, fellatio, cunnilingus, and the touching of another's genitals. -The Model Penal Code includes homosexual and other deviate sexual conduct in its definition of sexual activity. The service must be provided in exchange for compensation. -The person who is sexually promiscuous, but unpaid, goes unpunished. Thus, the prostitute who accepts legal services from a lawyer in exchange for sexual services has received compensation.

Accessory after-the-fact

A person who finds out that a crime has been committed and helps to conceal the crime or the criminal Accessories after-the-fact continue to be treated differently. A person as an accessory after-the-fact if (1) aid, Comfort, or shelter is provided to a criminal (2) with the purpose of assisting the criminal in avoiding arrest or prosecution (3) after the crime is committed (4) in the accessory was not present during the commission of the crime I.e. If someone hides someone else from the police after a crime is been committed or knowing that they have a warrant for their arrest They are rare to be prosecuted in Texas, unless they were harboring a fugitive

Accessory

A person who helps to commit a crime without being present.

Accessory before the fact

A person who, without being present, encourages, orders, or helps another to commit a crime Anyone who aids, councils, encourages, or assists in the preparation of a crime but is not physically present during the crime I.e. If a person is an expert in bank security, assisted in planning the robbery, then they are an accessory before the fact

M"Naghten rule

A principal employed in some jurisdictions for determining whether criminal defendants have the capacity to form criminal intent at the time they committed the crime of which they are accused. The M'Naghten rule is also referred to as the M'Naghten test or the right-wrong test M'Naghten rule 1. At the time the act was committed 2. The defendant was suffering from a defective reason, from a disease of the mind, that caused 3. The defendant not to know A. The nature and quality of the act taken or B. That the act was wrong

Hearsay

A statement about what someone else said (or wrote or otherwise communicated). Hearsay evidence is evidence, concerning what someone said outside of a court proceeding, that is offered in the preceding to prove the truth of what was said. An out of court statement; something that's made outside of court by a person who is not the person testifying The hearsay rule bars the admission of hearsay as evidence to prove that here says truth unless allowed by a hearsay exception Co-conspirators can testify again each other under the co-conspirators hearsay rule

clear and present danger

A test of whether or not speech may be restricted or punished. It may be if it will probably lead to violence soon or if it threatens a serious, immediate weakening of national safety and security.

Contempt

A willful disobeying of a judge's command or official court order. -Contempt can be direct (within the judge's notice) or indirect (outside the court and punishable only after proved to the judge). -It can also be civil contempt (disobeying a court order in favor of an opponent) or criminal contempt. Contempt is broken down into direct and indirect criminal contempt and direct and indirect civil contempt. -Direct contempt refers to acts that occur in the presence of the judge. -Although contempt usually occurs in the courtroom, the judges' chambers and office area are included. -Indirect contempt refers to actions taken outside the presence of a court but that are violative of a court order.

Defenses to attempted crimes

Abandonment: where the crime is not carried out at all legal impossibility: where the defendant believes their acts are legal when they are not factual impossibility: where an attempt to commit a crime happens but its impossible to do so -ex: someone breaks into a gym locker with the intent to steal what's inside it, -but there's nothing inside it, -so they can't be charged with the crime or the attempt bc there's nothing there

Possession of Drug Paraphernalia

Another tool in the government's arsenal against drug use are laws that prohibit the sale, use, and possession of drug paraphernalia. These laws are often aimed at retailers who sell the devices that are used to take drugs. Needles, roach clips, and specialized pipes are examples of the type of paraphernalia that are proscribed.

Obstruction of Justice

As a general proposition, any act that interferes with the performance of a public official's duties obstructs justice. The types of acts that fall under such statutes include -tampering with witnesses or jurors, -interfering with police officers, -destroying evidence needed for a court proceeding, -and intentionally giving false information to a prosecutor in an effort to hinder a prosecutorial effort.

Solicitation

Asking for; enticing; strongly requesting. This may be a crime if the thing being urged is a crime Solicitation is (1) the encouraging, requesting, or commanding (2) of another (3) to commit a crime. Solicitation is a specific intent crime: the person must intend to convince another to commit an offense

Obscenity

Both the federal and state governments regulate conduct, speech, books, movies, and other forms of expression that are believed to be "obscene." However, the federal government is also involved; for example, it has criminalized sending obscene materials through the mail Not all indecencies may be criminalized. -Simply because something strikes one person as indecent does not mean that it should be prohibited. -People have differing values, and to allow governments to prohibit all conduct (or other things) that is found offensive by some member of society would be to allow our government to criminalize all aspects of life. "you know it when you see it" —Jacobellis v. Ohio, -Roth v. United States,

National Crime Information Center (NCIC)

Computerized records of criminals, warrants, stolen vehicles, etc. The National Crime Information Center (NCIC) is used by law enforcement agencies nationwide in the reporting and detection of wanted persons. Computers are used to organize and manage case files.

Battered woman syndrome

Continuing abuse of a woman by spouse or lover, and the resulting physical or psychological harm Under this defense, a woman who is constantly abused by her husband maybe justified in using force at a time when she is not strictly in immediate danger There must be proof of the abuse -I.e. Police filings, third party witnesses etc

Deposition of the criminally insane

Contrary to popular believe, those adjudged insane by a criminal proceeding or not immediately and automatically released. In most jurisdictions, after a defendant has been determined not guilty by reason of insanity, -the court must make a determination of whether the person continues to be dangerous. If so, commitment is to be ordered. If the defendant is determined not to be dangerous, then release follows. -once a committed person is no longer a danger, release is granted The determination of dangerousness is left to the judge, not hospital administrators or mental health professionals -it's an often criticized practice

Ethical Considerations: The ineffective assistance of counsel

Criminal defendants are entitled to the effective assistance of counsel. so, what is the remedy for convictees who believe that their defense counsel committed professional malpractice? First, convictees may appeal their conviction. -Second, the attorney may be sued in civil court for malpractice. -Third, convictees may file a complaint with the bar authority.

Destruction of property

Destruction of property, commonly called criminal mischief, is normally a specific-intent crime and includes all types of destruction that affect the value or dignity of the property.

Insanity at the time of trial

Do United States Princort has held the defendant who is in sane at the time of trial may not be tried -since they wouldn't be able to assist in their defense and understand the proceedings against them The test for determining insanity in this context is different from that discussed earlier. -Insanity exist when the defendant's lack the capacity to understand the proceedings or assist in their defense

Extortion

Extortion is more commonly known as blackmail. To compel, force, or coerce; for example, to get a confession by depriving a person of food and water. -To get something by illegal threats of harm to person, property, or reputation. threats to injure another's reputation, business, financial status, or family relationship. Ex: "Give me $100,000 or I will kill your wife," he is an extortionist, even though he has not threatened John. -Stacy tells Lisa that she is going to inform the authorities of Lisa's involvement in illegal drug trade unless Lisa pays her $10,000, she is an extortionist, even though informing the police is a good thing The federal government has made it a crime for federal officers to extort the public, to be involved in an extortion that interferes with interstate commerce, and to extort another by threatening to expose a violation of federal law.

What is the difference between forgery and uttering?

Forgery is the actual making of a false doc (or the alteration of an existing doc making it false) with knowledge of its false character and with intent to defraud Uttering is the actual passing on of the document

Gary and Paige were friends until they discovered that they shared an interest in Tracy. After Paige won her affection, Gary became enraged and took a key and ran it down the side of Paige's car. He then poured gasoline over the car and set it on fire. Gary has been arrested. What crimes should be charged?

Gary should be charged with criminal mischief for scratching Paige's car and setting it on fire. Each of these acts constitutes criminal mischief. Arson generally is for buildings only, not personal property

Identity Theft

Identity theft occurs whenever an individual uses a victim's name, social security number, e-mail address, or other identifying items in an effort to represent himself or herself as the victim. Stealing their identity and committing crimes under their name; not just sealing their identity and taking their credit and money like it is today The mens rea of most identity theft statutes is an intention either to gain something of value through the deceit or to commit any other crime.

Possession of firearms

In Texas if you are 18+ years old, and have a clean criminal record/background check, you can purchase a firearms One of the most significant federal firearms statutes is the National Firearms Act. -Enacted in reaction to the organized crime problem of the 1930s, this law prohibited the sale and possession of automatic weapons (machine guns) Another important federal law is the Gun Control Act of 1968. -Among its many provisions are a prohibition of mail order guns and the prohibition of the possession, transfer, or receipt of firearms by felons, aliens, and certain other persons. The federal Brady Handgun Violence Prevention Act of 1993—named for President Ronald Reagan's White House Press Secretary James Brady, who was shot during an attempted assassination of the president —requires all federally licensed gun dealers to conduct background checks of firearms purchasers to ensure that purchasers do not fall into one of the categories of ineligible buyers under the Gun Control Act of 1968. Another federal statute, the Violent Crime Control and Law Enforcement Act of 1994, -prohibits the sale of semiautomatic weapons and large ammunition magazines.

Andy approaches Roberta, who is standing on a street corner, and offers her $50 for sex. Roberta, an undercover vice officer, arrests Andy. What crime should he be charged with?

Solitation

Registration and Licensing

In addition to background checks, many states require guns to be registered. -In some instances, licenses must be obtained to carry or use weapons. -The National Firearms Act requires national registration of all firearms manufactured or transferred in the United States, and it prohibits the sale of automatic weapons (machine guns).

Procedures of the insanity defense

Insanity is an affirmative defense. In the federal system and in many states, defendants must provide notice to the court and government that insanity will be used as a defense at trial. The statute usually require that the notice be filed a certain number of days before trial

Arson defined today

It is now common to prosecute owners of property for burning their own buildings, if the purpose was to defraud an insurer or to cause another injury. Be aware that the fraud may constitute a separate offense: defrauding an insurance carrier. Also, the structure burned need not be a dwelling under most statutes, though most statutes aggravate the crime if a dwelling is burned. Although the common law did not recognize explosions as a burning, the Model Penal Code and most statutes do. The mens rea for arson under the Model Penal Code is purposeful and reckless. If a person starts a fire or causes an explosion with the purpose of destroying the building or defrauding an insurer, a felony of the second degree has been committed. -It is a felony of the third degree to purposely start a fire or cause an explosion and thereby recklessly endanger a person or structure. Note that under the Model Penal Code the fire need not touch the structure, as was required by the common law. -Setting the fire is enough to satisfy the burning requirement. Arson is often graded. -The burning of dwellings is usually the highest form of the crime. -The burning of uninhabited structures is usually the next highest form of arson -Arson of personal property, if treated as arson, is the lowest.

Kevin was walking down the sidewalk that passed in front of Sean's home. As he passed Sean's house, he looked in a front window and noticed a carton of soft drinks sitting in the kitchen. As he was thirsty, Kevin broke the front window and crawled into Sean's house. Once inside, he poured himself a glass of cola and sat down at the dining room table. While seated at the table, he picked up a ring with a value in excess of $1,000, and put it into his pocket. When he finished his drink, he placed the empty glass in the sink and left. He later sold the ring and bought a stereo with the proceeds. What crimes have been committed, using common-law theft crimes?

Kevin committed larceny, as he took and carried away (asportation) personal property of another with intent to deprive the owner of the property. his sale of the ring and consumption of the drink, provide proof of his intent. when he picked up the ring, placed it in his pocket, and left with it, the asportation requirement was satisfied. While he also committed trespass , he did not commit a burglary bc one must have intent to commit a felony when the breaking occurs. Kevin's intent was only to steal a soft drink at the time he broke the window and entered the house. in most jurisdictions, the value of cola does not rise to the level of felony-larceny. the larceny of the ring was likely a felony, but Kevin did not form this intent until he entered the house. of course, one practical problem Kevin will encounter will be proving that he did not intend to steal the ring when he entered the house. A jury could infer from the circumstances that he did posses such intent, and the jury could then convict him of burglary.

Theft crimes at common law

Larceny was the first theft crime. It was created by judges as part of the common law. The elements of larceny were very narrow and did not cover most thefts. Eventually, two other theft crimes were created, embezzlement and false pretenses. -Despite the creation of these crimes, many theft acts continued to go unpunished because they fell into the cracks that separated the elements of the three common-law theft crimes.

Mail fraud

Mail fraud is a crime against the United States, because the mail system is run by a federal agency. Using the U.S. mail system with an intent to defraud another of money or property is mail fraud.

Forgery

Making a fake document (or altering a real one) with intent to commit a fraud. Forgery is the (1) making of (2) false documents (or the alteration of existing documents making them false) (3) and passing the document (4) to another (5) with an intent to The actus reus of forgery is the making of the document. That involves the actual writing and drafting of the document, as well as passing the document (uttering) to a potential victim. In many jurisdictions, forgery and uttering are separate crimes

Marriage

Marriage is a state-coopted institution. States regulate marriage in a number of ways. -All states specify how many people may marry, two in each union, -who may marry (no close relatives), -who has the authority to perform the marriage ceremony, -when couples may marry (some states require a waiting period and/or blood tests), -and the payment of a fee for the issuance of a license. In Texas a person cannot get married more than 7 times

Burglary defined today

Modern statutes have eliminated the breaking requirement, although most still require some form of "unlawful entry." -Because trespasses, frauds, and breakings are unlawful, they satisfy modern statutory requirements. No jurisdiction continues to require that the structure be a dwelling. -Most statutes now refer to all buildings or other structures. Burglary at night is no longer an element of todays burglary. -However, many states do aggravate the crime if it happens at night. In summary, most jurisdictions have changed burglary in such a way that the following elements are common: (1) an unlawful entry (2) of any structure or building (3) for the purpose of committing a felony or stealing from the premises (4) once inside. As mentioned, burglary may be graded and higher penalties imposed -if the act occurred at night; involved a dwelling -or was perpetrated at a dwelling that was actually inhabited at the time of the crime; -or was committed by a burglar with a weapon. See Ex

What are the elements of indecent exposure?

Most indecent exposure laws require (1) an intentional exposure (2) of one's private parts (3) in a public place. In some jurisdictions, it is required that the exposure be done in an "offensive manner." If no one is offended by it and complains it's fine

Theft crimes

Some thefts are more violative of the person, such as robbery -others are more violative of a trust relationship, such as an attorney absconding with a client's money. A robbery involves an unlawful taking. -Embezzlement, however, involves a lawful taking with a subsequent unlawful conversion.

Riot and Unlawful Assembly

Most states now have legislation that prohibits groups of people from meeting with the purpose of committing an unlawful act or committing a lawful act in an unlawful manner. The Model Penal Code recognizes two related crimes: riot and failure to disperse. Both crimes require an assembly of two or more persons who are behaving in a disorderly manner. Failure to disperse occurs when a law enforcement officer, or other official, orders the members of a group of three or more to disperse, and someone refuses. -The disorderly conduct that the assembly is engaged in must be "likely to cause substantial harm or serious inconvenience, annoyance, or alarm," before an officer may order the group to disperse. -In Texas, you can be charged with a state jail felony if you incite a riot -if you participate in a riot and don't use a weapon/force/violence you can be charged with a misdemeanor

John and Tyrone have a fight in a bar. Tyrone returns home, climbs into bed, and suffers a fatal heart attack. John, still angry from the earlier flight, climbs through a window into Tarren's room and shoots tell room twice in the head. Has John committed a murder? Attempted murder? Explain your answer.

No John has not committed a murder or attempted murder; Tyrone was already dead when he climbed in and shot him

Has Jen committed attempted murder if she decides to kill her sister and mentally works out the details of when, how, and where?

No she has not committed attempted murder because she has not acted to further the attempt and she has not completed the crime

Regulating the Internet

Obscene and harmful information has been the primary source of regulation, although commercial transactions, gambling, and other subjects are also regulated. The first major national attempt to protect children from adult-oriented information on the Internet was the Communications Decency Act of 1996.24 This statute limited the transmission of "obscene" and "indecent" Congress attempted again to protect children from the dangers of the Internet in 1998 through the Child Online In the Child Pornography Prevention Act of 1996, Congress prohibited not only images of actual children in pornography but also "virtual" images created with the use of computers.

What if the burglary wasn't finished?

Of course, many breakings and entering's with an intent to commit a burglaries are not completed. A burglar may be caught by surprise by someone who was not known to be inside and flee from the property. -It also happens that burglars are caught in the act by occupants who return to the building. In any event, what is important is that the intended felony need not be completed. -All that needs to be proven is that the accused entered with an intent to commit a felony.

Necessity

Often refers to a situation that requires an action that would otherwise be illegal or expose a person to tort liability Necessity is similar to duress. -However, whereas duress is created by human pressures, -necessity comes about by natural forces When people are confronted with two choices, both causing harm, they choose the lesser harm. If they do, they may have the defense of necessity to the act taken Ex: A person may be justified in breaking into someone's cabin to avoid freezing to death

Self-defense

Physical force used against a person who is threatening the use of physical force or using physical force It must be an equal amount of force Ex: If someone is shoving you you cannot shoot them and claim self-defense

Alcohol Crimes

Public drunkenness laws make it criminal for a person to be intoxicated in a public place. -This crime is a minor misdemeanor and rarely prosecuted, as many law enforcement agencies have a policy of allowing such persons to "sleep it off " and then releasing them. In texas this is called public intoxication Merchants holding liquor licenses may be subject to criminal penalties for not complying with liquor laws, such as selling alcohol on holidays, Sundays, or election day, as well as for selling alcohol to minors. A merchant who violates liquor laws may also suffer the civil penalty of revocation of liquor license. Driving while under the influence of alcohol or drugs, driving while intoxicated, and driving with an unlawful blood-alcohol level are the names of these crimes. One type of law generally prohibits the operation of a motor vehicle while under the influence of any drug, including alcohol. In Texas, DWI is a misdemeanor the first 2 times, the 3rd time its a felony -the first 2 times have to be final convictions before the 3rd one for it to be a felony The second type of law prohibits driving a motor vehicle any time a person's blood- alcohol level is above a stated amount. -(.08)

Fraudulent Checks

Related to the crime of false pretenses is the crime of acquiring property or money by writing a check (draft) from an account that has insufficient funds to cover the draft. Today, most states have bad-check statutes. Conviction of these laws, for the most part, results in a less serious punishment than conviction on false pretenses First, the mens rea may be proven by showing either an intent to defraud the payee or knowledge that there were insufficient funds in the account. -Second, the check must be taken in exchange for something of value; -Third, there must have been insufficient funds in the account.

Penni is working the night shift at a local convenience store when Craig and Guido come in. Craig states to Penni, "Give us all the money in the register and we will not hurt you. Give us any trouble and we will knock the #?!@ out of you!" Penni complies. What crime has been committed? What if they had been brandishing weapons?

Robbery and armed robbery if they had weapons

Solicitation

Solicitation is a related crime. Any person who engages in selling sex, buying sex, or attempting to buy sex is guilty of solicitation. -Note that a prostitute may be guilty of both solicitation and prostitution, if the prostitute makes the first contact with the buyer. -There need not be the actual sale of sex for solicitation—only an attempt to sell sexual services. -The clients of prostitutes, when prosecuted, are charged with solicitation. Those who promote prostitution (pimps) are usually punished more severely than prostitutes and customers. Nearly all sex-for-hire cases fall under state jurisdiction. -However, the federal government may be involved in prosecution when a prostitute is transported in interstate commerce, or any other person is transported in interstate commerce for an immoral purpose.

What is the difference between solicitation an attempt?

Solicitation requires a request, a command, or an urgent of another to commit a crime. -No act in furtherance of the criminal objective needs to be taken for there to be solicitation. - it's a crime within itself Attempt, on the other hand, -requires that some act be taken in furtherance of the criminal objective. The jurisdictions differ and how far person must go; however, near preparation is not enough

Burglary defined at common law

The (1) breaking and entering (2) of another's dwelling (3) at night (4) for the purpose of committing a felony once inside The first element, the actus reus, a breaking, can be satisfied by either an actual break-in or by a constructive breaking. -If one enters a dwelling by simply passing through an open door or window (a trespass), there is no breaking. -For example, opening an unlocked door or window is a breaking, while passing through an open door or window is not a breaking. A burglar may also gain entry by a constructive breaking. -A constructive breaking occurs when one uses fraud or force to gain entry -If a burglar poses as a telephone repair worker to gain entry, then the breaking element has been satisfied. -The same is true if the owner consents to the burglar's entry under threat or the use of force. Once the breaking occurs, there must be an entry of the home. -an entry occurs if any part of the burglar's body enters the house. The second element required is that the breaking and entry be of another person's dwelling. -At least one court has held that churches are dwellings, premised on the theory that churches are God's dwellings. The third element was that the burglary occur at night. The fourth element is that the person entering must have as a purpose the commission of a felony once inside. -This is the mens rea of the crime. -If the person's intent is only to commit a misdemeanor, there is no burglary.

Model Penal Code for Thefts

The Code recognizes the following forms of theft: 1. Theft by taking (includes common-law larceny and embezzlement). 2. Theft by deception (includes common-law false pretenses). 3. Theft by extortion. 4. Theft of property known to be mislaid, misdelivered, or lost, and no reasonable attempt to find the rightful owner is made. 5. Receiving stolen property. 6. Theft of professional services by deception or threat. 7. Conversion of entrusted funds. 8. Unauthorized use of another's automobile. Texas Penal Code is very specific as far as outlining the elements that have to occur for each theft crime and the mens rea attached to it so someone is only prosecuted for one crime instead of multiple theft crimes at one time

Legislation and statutes for computer crimes

The Federal Counterfeit Access Device and Computer Fraud and Abuse Act became law in 1984 and was amended in 1986 by the Computer Fraud and Abuse Act. The law prohibits: 1. A knowing, unauthorized access to information contained in a federal interest computer. 2. An intentional, unauthorized access to financial information held by a financial institution or credit agency. 3. An intentional, unauthorized access of a computer of the United States that would affect the government's operation of the computer. 4. Thefts of property by use of computer as a result of a knowing and intentional scheme to defraud. 5. Knowingly altering, damaging, or destroying information within a federal interest computer or preventing the authorized use of such a computer. 6. Knowingly trafficking in any password without authorization if the trafficking affects interstate commerce or is used by or for the U.S. government.

subornation of perjury

The crime of asking or forcing another person to lie under oath.

Criminal Mischief

The criminal offense of intentionally destroying or damaging another person's property. The dollar amount decides if it is a misdemeanor or a felony

Embezzlement at common law

The fraudulent and secret taking of money or property by a person who has been trusted with it. The elements of embezzlement are (1) conversion (2) of personal property (3) of another (4) by one who has acquired lawful possession (5) with an intent to defraud the owner. First element: To prove embezzlement, the prosecution must first show that an act of conversion occurred. Conversion is the unauthorized control over property with an intent to permanently deprive the owner of its possession or which substantially interferes with the rights of the owner. Second element: Also, the property had to belong to another. One could not embezzle one's own property. To satisfy the mens rea requirement of embezzlement, it must be shown that the defendant possessed an "intent to defraud."

Robbery

The illegal taking of property from the person of another by using force or threat of force. The mens rea of robbery is the specific intent to take the property and deprive the owner of it.

Irresistible impulse

The loss of control due to insanity that is so great that a person cannot stop from committing a crime We don't use this in Texas bc we use the M'Naghten rule

Arson

The malicious and unlawful burning of a building. At common law, arson was defined very narrowly. -It was the (1) malicious (2) burning of a (3) dwelling house of (4) another. This definition was so narrowly construed that owners could burn their own property with an intent to defraud their insurers and not be guilty of arson, because they did not burn the dwelling of another. However, the burning of businesses and other structures was not arson. To be a burning, the dwelling must actually sustain some damage, although slight damage was sufficient. If the structure is simply charred by the fire, there is a burning. However, if the structure is only smoke-damaged or discolored by the heat of a fire that never touched the building, there is no arson. Finally, causing a dwelling to explode is not arson, unless some of the dwelling is left standing after the explosion and is then burned by a fire caused by the explosion. At common law, malice was the mens rea of arson.

Mens rea for accessories

The mens rea of an accomplice (before and during a crime) is usually intentional (specific) in common law terms, or knowing or purposeful in model Penal Code language

The model Penal Code test

The model Penal Code contains the definition of insanity is similar to, but broader than, the M'Naghten and irresistible impulse tests. This test is also referred to as the substantial capacity test. The relevant section of the code reads: -A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law

bribery

The offering, giving, receiving, or soliciting of anything of value in order to influence the actions of a public official. The essential elements of the crime are (1) soliciting or accepting (2) anything of value (3) with the purpose of (4) violating a duty or trust. Two primary forms of bribery are that of a public official and commercial bribery. Thus, if the public official rejects the offer of the corporate officer, there is still a bribery violation. -The offer need not be of money in exchange for a favor; anything of value is sufficient. The offer must be made to a public official or servant.

Distinguish criminal contempt from civil contempt. Do the same for direct contempt and indirect contempt.

The purpose of civil contempt is to coerce someone into future behavior. The purpose of criminal contempt is to punish someone for violating a prior court order. Any contemptuous act that occurs in front of a judge is direct contempt Acts that occur outside the presence of a court are direct

Ch 8 Defenses

The reason why you didn't do something Some defenses are complete (perfect); that is, if they are successful, the defendant give us free. Other defenses are partial; the defend it avoids liability on one charge but maybe convicted of a lesser offense. Important to both sides; plaintiff and defendant The only time the burden of proof shifts in a criminal case is when a defendant raises either a factual or statutory defense

The burden of going forward (production)

The requirement that one side in a lawsuit produce evidence on a particular issue or risk losing on that issue At Child this means that defendants must produce some evidence to support the defense

Burden of persuasion

The requirement that to win a point or have an issue decided in your favor in a lawsuit you must show that the weight of the evidence is on your side, rather than in the balance on that question After descendants have met the burden of production, the burden of persuasion must be met

Burden of proof

The requirement that to win a point or have an issue decided in your favor in a lawsuit, you must show that the weight of evidence is on your side rather than in the balance on that question As a general rule, criminal defendants may sit passively during trial, as the prosecution bears the burden of proving the governments allegations. In all instances, the burden of proof refers to two burdens, the burden of production and the burden of persuasion

Concert of action rule (Wharton's Rule)

The rule that, unless a statute specifies otherwise, it is not a conspiracy for two persons to agree to commit a crime if the definition of the crime itself requires the participation of two or more persons. Because two people (or more) are required to have a conspiracy, -if only two people in charge, -and one is acquitted, -then the other cannot be punished

Computer Theft

Theft of hardware and software is an example. -Destruction and vandalism of computers is another crime where the computer is itself the target of an unlawful act. -Viruses are also used to destroy computer programs. A second form of computer crime involves using a computer as a tool in the commission of a crime. -Violating privileges by improperly obtaining confidential information, threat and harassment through cyberspace, and the illegal distribution of obscenities fall into this category. Computers can also be used to steal. -Obtaining illegal entry into a bank's computer records from a personal computer in order to steal money is an example, -as is using another person's personal identification number and bank card to access an automatic teller machine.

Ch 6 Defining a "Crime against the Public"

This chapter examines crimes that do not have individual victims. These are crimes involving the public welfare, social order, and society's morals. Many, if not most, of these crimes are malum prohibitum in nature, not malum in se. Some of the crimes discussed here bear directly upon the administration of government and justice and less upon moral determinations. -For example, contempt of court is a crime against the public, and the premise of its prohibition is the theory that if society punishes offenders, others will comply with court orders, and the administration of justice will be enhanced. The crimes included in this chapter have been divided into five subsections: crimes against public morality; crimes against the public order; crimes against the administration of government; crimes against sovereignty and security; and crimes against the environment.

Disturbing the Peace

This crime is also known as disorderly conduct, threat, excessive noise, and affray. -Its disorderly conduct in Texas One may disturb the peace by -making loud noises in a residential area at midnight, -by attempting to cause fights with others, -or by encouraging others to engage in similar conduct

Arson defined at common law

This definition was so narrowly construed that owners could burn their own property with an intent to defraud their insurers and not be guilty of arson, because they did not burn the dwelling of another. However, the burning of businesses and other structures was not arson. To be a burning, the dwelling must actually sustain some damage, although slight damage was sufficient. If the structure is simply charred by the fire, there is a burning. However, if the structure is only smoke-damaged or discolored by the heat of a fire that never touched the building, there is no arson. Finally, causing a dwelling to explode is not arson, unless some of the dwelling is left standing after the explosion and is then burned by a fire caused by the explosion. At common law, malice was the mens rea of arson.

threats

Threat statutes may make threatening individuals, groups, or even property, criminal. For example, if a defendant were to call in a bomb threat to a public office, there would be no assault, but there is a threat.

Embezzlement defined today

Today, nearly all forms of personal property may be embezzled. Embezzlement, which occurs in interstate commerce, federally insured banks, and lending institutions, or involves officers and agents of the federal government, is also made criminal by the statutes of the United States. Mens rea is the same

What is meant by the phrase "inchoate crimes?"

Unfinished; not completed; incomplete

Burglary

Unlawfully entering the house of another person with the intention of committing a felony (usually theft). Stealing from a building/car NOT a person

Drug Crimes

Unlike possession of alcohol, possession of other drugs is a crime. Every state and the federal government has enacted some variation of the Uniform Controlled Substance Act, a model act drafted by the Commissioners on Uniform Laws. First-time conviction of possession, if the quantity is small, is a misdemeanor and normally results in probation. -Depending on what you have, and how much you have i.e. if you have crack, its going to be greater than a misdemeanor The quantity of the drug involved affects the level of punishment for both possession and sale/distribution offenses. The sale or distribution of prohibited drugs is the second primary drug offense. -Not only are sales prohibited, but any "delivery" or "distribution" of drugs is also illegal. -"Possession with an intent to deliver or sell" is similar to simple possession, except a mens rea of intending to sell must be proven. Unauthorized use of a controlled substance is also a crime. The mens rea is knowing use. -Dr/Pharmasists can get in trouble for this as well -i.e. if they don't watch how many times they fill a prescription for someone -or filling the same prescription for someone multiple times from multiple dr's

Vagrancy and Panhandling

Vagrancy, as a criminal law issue, has received considerable attention. Most states and municipalities have statutes that forbid vagrancy. -At common law, a vagrant was one who wandered from place to place with no means of support, except the charity of others. In recent years panhandling (begging) has increasingly become a problem for most cities. - Panhandlers often choose to congregate in and near public transportation egresses and ingresses, because of the large number of people who use such facilities. -Because panhandlers are sometimes aggressive and intimidating to patrons of such facilities, some jurisdictions have chosen to prohibit begging at public transportation sites. -As the number of homeless persons grows in the United States, so will the problems associated with vagrancy and panhandling.

Incitement/Advocacy of Unlawful Conduct

Whenever one person, acting independently, encourages another to commit an unlawful act or intends to cause a riot, the crimes of incitement of unlawful behavior or incitement of riot may be charged.

fighting words

Words that are likely to cause an immediate breach of the peace or a violent reaction by those who hear them Speech that is not protected by the First Amendment to the U.S. Constitution because it is likely to cause violence by the person to whom the words are spoken.

Brogan runs by a woman on the street and grabs her purse as he passes her. The purse is easily pulled from her arm, and Brogan's intent is to keep the contents. What crime has been committed?

burglary Larceny

Brogan has an affair with Janice, who is married. After Janice ends the affair, Brogan threatens to tell Janice's husband about their sexual involvement unless Janice pays Brogan $5,000. Janice complies. What crime has been committed?

extortion

Brogan runs by a woman on the street and grabs her purse as he passes her. The woman catches the strap and fights to keep the purse; however, the strap breaks, and Brogan is successful. He keeps the contents of the purse. What crime has been committed?

robbery since force was necessary to acquire the purse

Indecent Exposure

the exposure of one's "private parts" in public, was a common-law misdemeanor. -someone has to be offended Most indecent exposure laws require (1) an intentional exposure (2) of one's private parts (3) in a public place. In some jurisdictions, it is required that the exposure be done in an "offensive manner" The Model Penal Code prohibits public indecency. The Code goes further with a provision proscribing all lewd acts that the defendant knows are likely to be observed by others who would be "affronted or alarmed" by the acts

Doug and Sherri are an elderly couple who are retired and residing in Florida. Both have suffered substantial physical deterioration, including vision loss and poor memory. Ned, who had coveted their 1962 Corvette for years, told the couple that they should trust him with their financial affairs, including giving him title to their vehicle. He told the two that he would drive them to the places they needed to go, but that state law required that his name appear on the title of the car, as he would be the sole driver. Doug and Sherri complied with his request, believing that his statement concerning Florida law was correct. Subsequently, the couple created a trust account and named Ned as trustee. The purpose of the account was to provide Ned with a general fund from which he was to pay the household bills. Ned withdrew all the money and placed it into his personal account. When this occurred, the couple contacted Ned, who claimed to know nothing of the account. Sherri contacted the local prosecutor,who conducted an investigation. Through that investigation, it was discovered that Ned held title to the Corvette. You work for the prosecutor. Your assignment is to determine what crimes have been committed, if any. Your state has no theft statute, but recognizes common-law theft crimes.

two crimes have been committed: false pretenses and embezzlement. Ned's acquisition of title to the Corvette constituted false pretenses, as he intentionally used a false statement to convince the couple to give him the title to the Corvette. the conversion of the trust money was embezzlement since ned took it during a trust relationship and did not intend to take it until after he had possession

Conspiracy

when 2 or more people agree to commit an unlawful act, or a lawful act in an unlawful manner The agreement can be inferred from The persons actions The agreement is the actus reus of the crime, intent to commit an unlawful act or a lawful Acton an unlawful manner is the men's Rea Elements: 1. there must be an agreement 2. Between two or more people 3. To commit an unlawful act or a lawful at in an unlawful manner