Introduction to Criminal Law - lardbucket

1 This is Introduction to Criminal Law , chapter 1 from the bookIntroduction to Criminal Law( )( ).This book is licensed under aCreative Commonsby-nc-sa ( )license. See the license for more details, but that basically means you can share this book as long as youcredit the author (but see below), don't make money from it, and do make it available to everyone else under thesame content was accessible as of December 29, 2012, and it was downloaded then byAndy Schmitz( )in an effort to preserve the availability of this , the author and publisher would be credited here. However, the publisher has asked for the customaryCreative Commons attribution to the original publisher, authors, title, and book URI to be removed.

2 Additionally,per the publisher's request, their name has been removed in some passages. More information is available on thisproject'sattribution page( ).For more information on the source of this book, or why it is available for free, please seethe project's home page( ). You can browse or download additional books : Image courtesy of 1 Introduction to Criminal LawElementary notions of fairness enshrined in ourconstitutional jurisprudence dictate that a personreceive fair notice not only of the conduct that willsubject him to punishment but also of the severity ofthe penalty that a State may of North America, Inc. v. Gore, cited inSection 1"Damages" a textbook introduces you to our legal system in the United States, the basicelements of a crime, the specific elements of commonly encountered crimes, andmost Criminal defenses.

3 Criminal law always involves the government andgovernment action, so you will also review the pertinent sections of the UnitedStates Constitution and its principles as they apply to Criminal law. By the end ofthe book, you will be comfortable with the legal framework that governs the careersof Criminal justice of a CrimeLet s begin at the beginning by defining acrime1. The most basic definition of acrime is an act committed in violation of a law prohibiting it, or omitted inviolation of a law ordering it. , Definition of Crime, accessedAugust 15, 2010, learn about criminalact and omission to act inChapter 4 "The Elements of a Crime". For now, it isimportant to understand that Criminal act, omission to act, and Criminal intent areelementsor parts of every also an element of every , thegovernmentmust enact acriminal lawspecifying a crime and itselements before it can punish an individual for Criminal behavior.

4 Criminal laws arethe primary focus of this book. As you slowly start to build your knowledge andunderstanding of Criminal law, you will notice some unique characteristics of theUnited States legal differ significantly from state to state. Throughout the United States, eachstate and the federal government criminalize different behaviors. Although thisplethora of laws makes American legal studies more complicated for teachers andstudents, the size, cultural makeup, and geographic variety of our country demandthis type of legal in a democratic society, unlike laws of nature, are created bypeopleand arefounded in religious, cultural, and historical value systems. People from varyingbackgrounds live in different regions of this country.

5 Thus you will see thatdifferent people enact distinct laws that best suit their needs. This book is act committed in violationof a law prohibiting it oromitted in violation of a lawordering 1 Introduction to Criminal Law7for use in all states. However, the bulk of any Criminal law overview is anexamination of different crimes and their elements. To be accurate andrepresentative, this book focuses ongeneralprinciples thatmanystates follow andprovides frequent references to specific state laws for illustrative purposes. Alwayscheck the most current version of your state s law because it may vary from the lawpresented in this are notstatic. As society changes, so do the laws that govern value systems naturally lead to new laws and regulations supportingmodern beliefs.

6 Although a certain stability is essential to the enforcement of rules,occasionally the rules must to maintain an open mind when reviewing the different and oftencontradictory laws set forth in this book. Law is not exact, like science or math. Alsotry to become comfortable with the gray area, rather than viewing situations asblack or TAKEAWAY A crime is an act committed in violation of a law prohibiting it oromitted in violation of a law ordering it. In general, the Criminal lawmust be enacted before the crime is the following question. Check your answer using the answer key atthe end of the v. Oregon, 546 243 (2006). Did the US Supreme Courtpreserve Oregon s right to legalize physician-assisted suicide?

7 The caseis available at this link: 1 Introduction to Criminal Law and Criminal ProcedureLEARNING Criminal law and Criminal book focuses oncriminal law2, but it occasionally touches on issues ofcriminal procedure3, so it is important to differentiate between the law generally defines therightsandobligationsof individuals in common issues in Criminal law are the elements of specific crimes and theelements of various Criminal defenses. Criminal procedure generally concerns theenforcementof individuals rights during the Criminal process. Examples ofprocedural issues are individuals rights during law enforcement investigation,arrest, filing of charges, trial, and of Criminal Law IssuesClara and Linda go on a shopping spree.

8 Linda insists that they browse an expensivedepartment store. Moments after they enter the lingerie department, Lindasurreptitiously places a bra in her purse. Clara watches, horrified, but does not sayanything, even though a security guard is standing nearby. This example illustratestwo issues of Criminal law: (1) Which crime did Linda commit when she shopliftedthe bra? (2) Did Clara commit a crime when she failed to alert the security guard toLinda s shoplifting? You learn the answer to issue (1) inChapter 11 "Crimes againstProperty"and issue (2) inChapter 4 "The Elements of a Crime"andChapter 7"Parties to Crime".Example of Criminal Procedure IssuesReview the example inSection "Example of Criminal Law Issues".

9 Assume thatLinda and Clara attempt to leave the store and an alarm is activated. Linda beginssprinting down the street. Colin, a police officer, just happens to be driving by withthe window of his patrol car open. He hears the store alarm, sees Linda running,and begins shooting at Linda from the car. Linda is shot in the leg and is treated at the hospital for her injury, and when she is released, Colinarrests her and transports her to the police station. He brings her to an isolatedroom and leaves her there alone. Twelve hours later, he reenters the room andbegins questioning Linda. Linda immediately requests an attorney. Colin body of law defining therights and obligations ofindividuals in body of law relating to theenforcement of individuals rights during the 1 Introduction to Criminal Law9this request and continues to question Linda about the reason the department storealarm went off.

10 Whether Colin properly arrested and interrogated Linda arecriminal procedureissues beyond the scope of this book. However, this exampledoes illustrate one Criminal law issue: did Colincommit a crimewhen he shot Lindain the leg? You learn the answer to this question inChapter 5 " Criminal Defenses,Part 1".Figure Law and Criminal ProcedureKEY TAKEAWAY Criminal law generally defines the rights and obligations of individualsin society. Criminal procedure generally concerns the enforcement ofindividuals rights during the Criminal 1 Introduction to Criminal Criminal Law and Criminal Procedure10 EXERCISESA nswer the following questions. Check your answers using the answer key atthe end of the , a law enforcement officer, arrests Barney for creating adisturbance at a subway station.