Agenda for 3519 Written Assignments discussions Lecture on

Agenda for 3/5/19 Written Assignments, discussions Lecture on Criminal Law 1

Criminal Law 2 Instructor Ed Ramirez

Introduction A Los Angeles area physician was convicted of 2 nd Degree Murder for “Overprescribing” painkillers. (3 people died as a result) 3

Crime in America Laws govern many aspects of our lives. Her defense was that she was naïve and never realized that patients were using her to support their drug habits. Imagine a society without laws? http: //www. latimes. com/local/lanow/la-me-ln-doctor-murder-overdose-drugs-sentencing-20160205 story. html 4

The Nature and Purpose of Law- A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior A binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority https: //www. merriam-webster. com/dictionary/law 5

STATUTORY LAW The Written or codified law, “The law on the books, ” as enacted by a government body or agency having the power to make laws. The law that exists in legislatively enacted statutes especially as distinguished from common law (www. merriam-webster. com) 6

STATUTORY LAW CONT’D Written law is of two types: 1. Substantive 2. Procedural Substantive describes what constitutes particular crimes, such as murder, rape etc. Procedural is a body of rules that determines that proceedings by which legal rights are enforced. (gathering of evidence and processing) 7

ADMINSTRATIVE LAW Examples are: Regulations that governments create to control the activities of industries, businesses and individuals Tax laws, health codes, restrictions on pollution and waste, vehicle regulation laws and building codes 8

COMMON LAW The body of law originating from usage and custom rather than from written statutes Example of common law Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts 9

COMMON LAW A body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute the common law of torts the body of law that was first developed in the English courts of law as distinguished from equity and that allows for particular remedies https: //www. merriam-webster. com/dictionary/common%20 law#legal. Dictionary 10

AGENDA FOR 3/5/19 CURRENT NEWS Return Written assignments Q&R LECTURE on Criminal LAW Thursday, March 21 Thursday, March 28 11

CURRENT NEWS https: //abc 7. com/pro-boxer-izaac-colunga-in-critical-conditionafter-ie-drive-by-shooting/5167534/ 12

What do laws do? Laws maintain order in society Laws regulate human interaction Laws enforce moral beliefs Laws define the economic environment Laws enhance predictability Laws support the powerful Laws promote orderly social change Laws sustain individual rights Laws redress wrongs Laws identify wrongdoers Laws mandate punishment and retribution 13

Types of Law CRIMINAL LAW- Also called penal law CIVIL LAW- the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs (The branch of modern law that governs relationships between parties) 14

CRIMINAL LAW 15

PENAL CODE EXAMPLES Murder Robbery Burglary Rape 187 PC 211 PC 459 PC 261 PC 16

Penal Code cont’d https: //leginfo. legislature. ca. gov/faces/codes_displayexpandedbranch. xhtml? toc. Code= PEN&division=&title=&part=1. &chapter=&article= PENAL CODEThe written, organized, and compiled form of the criminal law of a jurisdiction 17

CIVIL LAW 18

What is an example of a tort? For example, throwing a punch in a fight is intentionally engaging in destructive behavior. A plaintiff can file an intentional tort suit in this situation. Examples of intentional torts include battery, conversion, false imprisonment and defamation • Defamation-the action of damaging the good reputation of someone; slander 19

CIVIL LAW cont’d Contracts, defined as agreement, commitment, arrangement, settlement Most common is a written or spoken agreement Property Family- Family cases are a type of civil case, but they generally involve issues between or concerning spouses, parents, and children. Family courts handle a wide variety ofcases involving domestic matters. The most common issues handled at family court include: Marriage Dissolution. 20

CASE LAW Case law comes from judicial decisions and is also referred to as the law of precedent. Defined as: The law as established by the outcome of former cases https: //scholar. google. com/scholar_case? case=4150527999652911238&q=Qua n+v. +City+of+Los+Angeles&hl=en&as_sdt=2006&as_vis=1 21

CASE LAW cont’d • Moises GALINDO, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; City of Los Angeles Police Department et al. , Real Parties in Interest. • No. S 170550. Decided: July 22, 2010 https: //scholar. google. com/scholar_case? case=2809789370795551212&q=moises+galindo&hl=en&as_sdt=2006&as_vis=1 the U. S. Supreme Court case Brady v. Maryland Pitchess motion. Is a request for information contained in a law enforcement officer's personnel file. 22

GENERAL CATEGORIES OF CRIME • Felonies • Misdemeanors • Infractions 23

FELONIES SERIOUS CRIMES A criminal offense punishable by death or by incarceration in a prison for at least one year. 24

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Such as, jaywalking, spitting on the sidewalk, seatbelt etc. 26

MISDEMEANORS An offense punishable by incarceration, usually in a local confinement facility, for a period of typically one year or less 27

INCHOATE An offense not yet completed. How can an incomplete act be a crime? Page 68 The word inchoate means “incomplete or partial” Example? ? just begun and so not fully formed or developed; rudimentary Conspiracies 28

ACTUS REUS An act in violation of the law The criminal act (Guilty Act) https: //study. com/academy/lesson/actus-reus-definition-examples. html A criminal action regarded as a constituent element of a crime, as compared with the state of mind of the Perpetrator (Which is Mens Rea) 29

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MENS REA The state of mind that accompanies a criminal act Mens Rea. As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and willfulness. A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. 31

4 LEVELS OF MENS REA 1. Purposeful (or intentional) 2. Knowing 3. Reckless 4. Negligent 32

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THE CORPUS DELICTI The facts that show that a crime has occurred. The term literally means “The Body of the Crime” Must show or establish the offense has in fact occurred the basic element or elements of a crime, as, in murder, the death of the murdered person; the body of facts or evidence showing that a crime has been committed. 35

TYPES OF DEFENSES • Alibi • Justification • Excuse • Procedural Defense 36

Justification • Self Defense • Necessity • Defense of Others • Defense of home and property (Non. Deadly) • Resisting unlawful arrest 37

EXCUSE • Duress • Age • Mistake • Involuntary Intoxication • Insanity • Diminished capacity • Mental Incompetence https: //www. youtube. com/watch? v=q. Onaqe. VN 20 g 38

PROCEDURAL DEFENSE • Entrapment • Denial of speedy trial • Double Jeopardyhttps: //www. youtube. com/watch? v=HGdt 0 QR 55 Ko • Prosecutorial misconduct • Police Fraud • Collateral Estoppel https: //www. youtube. com/watch? v=Lk 1 ESqdie. Jw 39

Collateral Estoppel Similar to double jeopardy Collateral Estoppel is a doctrine that states that if an issue has already been litigated, it cannot be litigated again. This means that a criminal or civil case cannot be taken to court twice. It also limits what criminal cases can then be heard in civil court and vice versa. Collateral estoppel is intended to protect people from being tried for the same issue twice, as long the result was a valid, final judgment. https: //www. law. cornell. edu/wex/collateral_estoppel https: //study. com/academy/lesson/what-is-collateral-estoppel-definition-doctrine-effect. html 40