assignment

1
assignment

• Read chapter 3 be familiar with pages 62 through
  72 for this weeks lectures
• Group A in re Gault
• Group B Thompson v Oklahoma
• Group C Eddings V Oklahoma
• Group D New Jersey v TLO
• Group E US v Lopez
• Group F Fare v Michael C.
• Group G Schall v Martin

2
Theories of delinquency
3
Major divisions of criminology

• Classical criminology
• positivism
• strain and cultural deviance
• labeling, conflict, and radical theories
• social control theories

4
Defining Crime

• Consensus View
• Crime is what society abhors
• Conflict View
• Laws protect the haves from the have-nots
• Interactionist View
• Those in social power impose the definition on
  the rest of the population

5
Defining Crime

• Felonies
• Misdemeanors
• Infractions
• Status Offenses
• 300 WI (Not a Crime)

6
Seven Elements of a Crime

Harm
Punishment
Legality
Actus reus
Concurrence
Mens rea
Causation
7
Elements of a Crime

• Harm
• Legality
• Must be legally Forbidden
• Not ex post facto

8
The Corpus Delecti

• The Body of the Crime

9
Corpus Delecti

• Mens Rea
• Actus Reus
• The Mens Rea and Actus Reus are related or fused.
• Attendant Circumstances
• In some cases, results.

10
Mens Rea

• The Criminal Intent
• The Mental State Required for a crime.

11
Actus Reus

• The Guilty Act
• Without an act, the crime is not consummated.
  For example, I could intend to poison a person.
  No crime is committed without carrying it out.

12
Causation

• Relationship Between Harm and Actus Reus
• The Criminal Act must lead to harm without an
  interruption

13
Concurrence

• There has to be a connection between Actus Reus
  and Mens Rea

14
Punishment

• In order for a behavior to be considered a crime,
  it must be punishable.

15
Crime

• Crime Resulting in Prison Time or Capitol
  Punishment
• Felony
• Crime Resulting in less than a year in Jail or
  less than 500 in fines, or both
• Misdemeanor
• Wobblers
• Can result in felony or Misdemeanor Prosecution
• Infractions Cannot result in Physical Arrest
• No bail, no Public Defender, no trial by jury

16
California Penal Code 15

• An act committed or omitted in violation of law
  for which there is a punishment
• Death
• Imprisonment
• Fine
• Removal from Office
• Disqualification to hold and enjoy any office of
  honor, trust or profit in this state.

17
ACT

• ACT forbidden by law
• Failure to Act
• Failure to support
• Failure to Stop
• Failure to Aid
• Passive Participation
• Also a Crime
• Sodomy or oral copulation

18
Chante Mallard

• Killed Jeffery Biggs by hitting him with her car
  and leaving him embedded in her windshield.
  Mallard then pulled into her garage and closed
  the door.

19
Mala in se / Mala Prohibita

• Mala in se crimes are wrong in themselves
• Recognized Anywhere as a Crime
• Murder and rape are mala in se
• Mala Prohibita
• Illegal Acts because the laws say they are
• Trespassing, gambling, prostitution, some
  offenses against the State

20
Parties to Crimes

• Principles
• Directly commit the act or aid and abet in it
• Accessories
• A person, after a FELONY has been committed,
  conceals, aids the principal with the intent of
  helping to escape, avoid arrest, trial or
  conviction
• Accomplice
• Co-principal who testifies against another
  involved in the same crime