SUBSTANTIVE CRIMINAL LAW AJS 109

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SUBSTANTIVE CRIMINAL LAW AJS 109

• LEON R. KUTZKE, JD

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TEXT

• CRIMINAL LAW FOR POLICE, 9TH EDITION, NEIL C.
  CHAMELIN, PRENTICE HALL 2006.
• ARIZONA CRIMINAL CODE TITLE 13,
  www.azleg.state.az.us/arizonarevisedstatutes.asp.

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Syllabus

• Instructor Contact
• Grading Exams
• Attendance Points
• Late work
• Extra Credit
• E-portfolio
• Blackboard

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CRIMINAL LAW

• HISTORICAL BACKGROUND
• DEFINITION OF CRIME
• COMMON LAW
• CIVIL LAW
• MORALITY AND LAW
• CLASSIFICATIONS OF CRIMES

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JURISDICTION

• LOCAL, STATE, FEDERAL
• TERRITORIAL
• PERSONAL
• SUBJECT MATTER
• VENUE V. JURISDICTION
• OVERLAPPING/CONCURRENT

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THE CRIMINAL ACT ACTUS REA

• WHAT CONSTITUTES A CRIMINAL ACT
• WHO DECIDES WHETHER AN ACT IS CRIMINAL?
• STATUS AS A CRIME
• ATTEMPTS
• PARTICIPATION

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MENTAL STATEMENS REA

• GENERAL INTENT
• SPECIFIC INTENT

• RECKLESSNESS
• Negligence

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AFFIRMATIVE DEFENSES

• SELF DEFENSE
• ENTRAPMENT
• INSANITY
• INTOXICATION?
• CONSENT
• IMMUNITY
• STATUTE OF LIMITATIONS

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CRIMINAL vs CIVIL LAW

• CRIMES
• PUBLIC WRONG
• PROSECUTED BY THE STATE
• PUNISHED BY FINE, IMPRISONMENT, OR DEATH
• PUNISHMENT PRESCRIBED IN LAW

• CIVIL DISPUTES
• PRIVATE WRONGS
• ACTION BY WRONGED VICTIM
• DAMAGES AWARDED
• NO PRESCRIBED AMOUNT (SOME LIMITS OR CAPS).

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CRIMES

• CRIMES AGAINST PERSONS
• CRIMES AGAINST PROPERTY

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CRIMES AGAINST PERSONS

• HOMICIDE
• ASSAULT AND BATTERY
• STALKING
• HATE CRIMES
• SEX OFFENSES
• OFFENSES AGAINST THE FAMILY
• ROBBERY
• KIDNAPING, ABDUCTION, FALSE IMPRISONMENT

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CRIMES AGAINST PROPERTY

• BURGLARY
• THEFT
• ARSON (UNOCCUPIED BUILDING)
• FORGERY
• TRESPASS TO PROPERTY
• VANDALISM

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REGULATORY OFFENSES

• NARCOTIC DRUGS
• ALCOHOL
• TRAFFIC OFFENSES
• FISH GAME
• ENVIRONMENTAL HAZARDS
• COMMERCIAL VEHICLE REGS

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CRIMES AGAINST PUBLIC ORDER

• UNLAWFUL ASSEMBLY
• RIOT
• DISTURBING THE PEACE
• MALICIOUS MISCHIEF
• VAGRANCY
• FALSE ALARM
• GAMBLING

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ARIZONA CRIMINAL CODECHAPTER 10PREPARATORY
OFFENSES

• 13-1001 Attempt
• 13-1002 Solicitation
• 13-1003 Conspiracy
• 13-1004 Facilitation
• 13-1005 Renunciation
• 13-1006 Immunity, irresponsibility,
  incapacity.

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CODE NUMBERING

• 13-1001
• 13 Title 13
• 10 Chapter 10
• 01 Section 1

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CHAPTER 11 - HOMICIDE

• 13-1101 Definitions
• 13-1102 Negligent homicide
• 13-1103 Manslaughter
• 13-1104 2nd Degree Murder
• 13-1105 1st Degree Murder

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CHAPTER 12 - ASSAULT

• 13-1201 Endangerment
• 13-1202 Threatening
• 13-1203 Assault
• 13-1204 Aggravated Assault
• 13-1205 Unlawful administration of intoxicants

• 13-1206, 1207 Assault by prisoners
• 13-1208 Vicious Animals Assault
• 13-1209 Drive By Shooting
• 13-1210 Assault on Police Fire Officers
• 13-1211 Discharge of Firearm at Structure

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CHAPTER 12 - ASSAULT

• 13-1212 Prisoner assault with bodily fluids.
• 13-1213 Aiming a laser pointer at a police
  officer.

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CHAPTER 13 KIDNAPPING

• 13-1301 Definitions
• 13-1302 Custodial Interference
• 13-1303 Unlawful Imprisonment
• 13-1304 Kidnapping
• 13-1305 Access Interference

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ELEMENTS OF CRIMES

• What differentiates unlawful imprisonment from
  kidnapping?
• Elements of the offense.

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FELONY vsMISDEMEANOR
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COMMON LAW FELONY

• MURDER
• MANSLAUGTER
• RAPE
• SODOMY

• LARCENY
• ROBBERY
• ARSON
• BURGLARY

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STATUTORY FELONY

• GENERALLY, ANY CRIME THAT CARRIES A PENALITY OF
  CONFINEMENT TO A STATE PRISON.
• GENERALLY, A TERM OF CONFINEMENT GREATER THAN ONE
  YEAR
• WHATEVER THE STATE LEGISLATURE DETERMINES A
  FELONY TO BE.

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ARIZONA FELONY
13-701. Sentence of imprisonment for felony
presentence report A. A sentence of imprisonment
for a felony shall be a definite term of years
and the person sentenced, unless otherwise
provided by law, shall be committed to the
custody of the state department of
corrections. B. No prisoner may be transferred to
the custody of the state department of
corrections without a certified copy of the
judgment and sentence, signed by the sentencing
judge, and a copy of a recent pre-sentence
investigation report unless the court has waived
preparation of the report. C. Except as provided
in section 13-604 the term of imprisonment for a
felony shall be determined as follows for a first
offense 1. For a class 2 felony, five years. 2.
For a class 3 felony, three and one-half
years. 3. For a class 4 felony, two and one-half
years. 4. For a class 5 felony, one and one-half
years. 5. For a class 6 felony, one year.
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ROBBERY vs BURGLARY

• THEIR HOUSE WAS ROBBED WHILE THEY WERE ON
  VACATION.
• WHAT IS WRONG WITH THIS STATEMENT?

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ASSIGNMENT

• Read Ch. 1
• Answer Discussion Questions p. 9.
• Type your answers and turn in at next class.