...Chapter 2 Language of Criminal Statues * Pursuant to case law: * Read using the “plain meaning” of the written law * Exception: when common sense or obvious purpose of the legislature dictates a different meaning * In interpreting statues’ wording, defendant is entitled to every reasonable doubt * Words from foreign sources = commonly accepted and understood meaning in our culture Vague and Indefinite Statues 1. Vague – Uncertain, unclear, or ambiguous in character or meaning 2. Indefinite – Imprecise or inexact These types of law will result in a violation of the due process clause of the 14th Amendment (U.S. Constitution) Construction of Penal Statutes * Letter of the Law (Common Law) vs. Spirit of the Law (California Constitution) * Common law is bound by the Letter of the Law * Penal Code Section 4, requires California statutes to be viewed in the context of the Spirit of the Law * Courts look at the literal meaning of the words in conjunction with the legislative intent which underlies the spirit in which the law was written * When language can interpreted 2 different ways, courts use that which is more favorable to the defendant Conflicting between Statues * Two state laws punish exactly the same act or omission as crimes, and they are obviously in conflict, the last one passed into law will control * The last law passed in a conflicting situation is taken in effect. Penal Code...
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...committing an offense relating to firearms and weapons or a public offense which, if committed by an adult, would be a crime. [Petitioner F v. Brown, 2008 Ky. App. LEXIS 42 (Ky. Ct. App. 2008)]. The following is an example of a state statute (Kentucky) on public offense action: KRS § 600.020. Public offense action means an action, excluding contempt, brought in the interest of a child who is accused of committing an offense relating to firearms and weapons or a public offense which, if committed by an adult, would be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child sixteen (16) years of age or older has committed a motor vehicle offense A public offense action is an action brought in the interest of a child who is accused of committing an offense relating to firearms and weapons or a public offense which, if committed by an adult, would be a crime. [Petitioner F v. Brown, 2008 Ky. App. LEXIS 42 (Ky. Ct. App. 2008)]. The following is an example of a state statute (Kentucky) on public offense action: KRS § 600.020. Public offense action means an action, excluding contempt, brought in the interest of a child who is accused of committing an offense relating to firearms and weapons or a public offense which, if committed by an adult, would be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child sixteen (16) years of age or older has committed a motor vehicle offense A...
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...Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. * Freedom of religion, speech, and the press; right of petition and assembly Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. * Protects against unreasonable search and seizure Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. * Rights of people accused of crimes * No double jeopardy * Right to remain silent * Notice and opportunity...
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...In the case of the People v. Smith, Ricky Franklin Smith pled guilty to breaking and entering with the intent to commit larceny and being a habitual offender; this was Smith’s fourth offense. Smith had acknowledged that he had broken a window of a warehouse, entered the premises, and took property without consent. Ricky was sentenced to three and one-half to ten years for breaking and entering. However, Smith felt he was sentenced incorrectly on the grounds that his juvenile record had been included during his sentencing hearing and subsequently, filed an appeal. In Smith’s appeal he citied that he was entitled to be resentenced, because his presentence report referenced his juvenile criminal record which is supposed to automatically be expunged....
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...Therefore, the cases I chose to write about are cases that surround the statute of retail theft. The first case I chose is The People v. Shawn Moore, 2014 WL 4629606 (Ill.App. 3 Dist.) In this case, the defendant Shawn Moore was charged with retail theft after the incident that occurred on March 4, 2012. The defendant took the merchandise from Home Depot intending to deprive the business permanently of that item. They charged him with a Class 4 felony...
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...Stu Dent v. State Sentencing Proposal The sentencing stage is the last part of the criminal trial. In the Stu Dent v. State case the outcome of the sentencing can very from charge to charge. The prosecution and Defense attorneys have rested their cases and the decision has been made in this case. The judge now take the arguments in to consideration and pass down a judgment on the sentence the defendant will face. The defendant is charged with Homicide, kidnapping, burglary, assault of a police officer, and possession of drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victim’s nails matched the DNA to Stu Dents. The facts leading to the assault on a police officer comes when he punched Officer T. Chur in the face and yelled "Alien". Kidnapping comes from the fact that Mr. Dents used rope to tie the victim and he stuffed her mouth with cloth. Burglary charges are result of Mr. Dents entering the victim’s apartment without permission to be there and having the intent to commit a crime within that residence. Mr. Dents is also charged with possession of drugs because in his house was drugs that were found, the same drug ecstasy with the "thumbs-up" imprint found at the victim's apartment. In the State v. Stu Dent case the charge of Homicide carries the most weight of any of the charges. Mr. Dents is charged with Murder due the fact that the victim was stabbed 13 times and evidence supported the fact that Mr. Dent was...
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...Case Name: JUAN ESQUIVEL-QUINTANA, PETITIONER v. JEFFERSON B. SESSIONS, III, ATTORNEY GENERAL No. 16–54 (2017) Factual History: Juan Esquivel-Quintana, twenty-one years old, was admitted to the United States as a lawful resident in 2000. He pled no contest, in 2009, in the Superior Court of California to a statutory rape offense: “unlawful sexual intercourse with a minor,” of which said minor was seventeen years old. The statute further provides that anyone who is convicted of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of a misdemeanor or a felony. Procedural History: The Department of Homeland Security started deportation proceedings against him based on the Immigration and...
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...can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics, and the rules of the local court. They should also guarantee an impartial hearing for the suspect or the person charged with a crime. Standard guidelines and procedures determine the demeanor of a prosecutor during the case. Prosecutorial misconduct will be committed if the prosecutor does not follow these guidelines and procedures. When prosecutors may not be able to show evidence that may...
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...Criminal Law Midterm Part B Crime has been part of the human condition since people began to live in groups. Ancient documents indicate that activities such as murder, theft, and robbery were defined as criminal by civilizations that existed before biblical times. The bible recounts stories of crimes such as Cain killing Abel, and the parable of the Good Samaritan, who came to the assistance of a man who had been assaulted and robbed.[i] Criminal laws regulate human behavior and tell people what they cannot do and in some instances, what they must do under certain circumstances. Throughout history, all societies have had criminal codes regulating conduct .Democracies have always sought to transform their basic principles and ideals into achievable goals through a system of laws that balance the rights of individuals with the compelling needs of society as a whole. These goals include public order, domestic tranquility, and protection of the basic rights of individuals.[ii] Because governments in democracies are the servants and not the masters of the people, laws should be the product of the will of the people. Criminal justice systems in democracies operate most successfully when the majority of people believe that the laws are reasonable and that the system can operate efficiently and effectively. The issue of what laws should be enacted often causes serious public debate. Laws are enacted by elected representatives of the people they are enforced...
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...Case Citation Gideon v Wainwright 372 U.S. 335 (1963) Court U.S. Supreme Court Facts Defendant was charged with a felony in a Florida State Court. He was charged with breaking and entering with intent to commit a misdemeanor. He was not appointed counsel even though he was not able to afford one. He was forced to act as his own counsel and was convicted. He was sentenced to five years in a state prison. Defendant was denied counsel due to Florida Law. The law stated that the only time and indigent defendant would get a counsel was if he is charged with a capital offense. Gideon filed a petition for habeas corpus attacking his conviction and sentence on the ground that the trial court’s refusal to appoint counsel denied his constitutional rights and rights guaranteed him under the Bill of Rights. The Florida State Supreme Court denied relief. Because the problem of a defendant’s constitutional right to counsel in state court continued to be source of controversy since Betts v. Brady, the United States Supreme Court granted certiorari to again review the issue. Issue The issue at hand is whether A prior decision of the Court’s, Betts v. Brady, 316 U.S. 455 (1942), held that the refusal to appoint counsel for an indigent defendant charged with a felony in state court did not necessarily violate the Due Process Clause of the Fourteenth Amendment. The Court granted Gideon’s petition for a writ of certiorari – that is, agreed to hear Gideon’s case and review the decision...
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...The main issue in the Powell case was whether the defendants ‘due process rights were violated by the denial of the right to counsel, with the accustomed incidents of consultation and opportunity of preparation for trial.(Zalman,2008). Betts v.Brady (1942) was a setback to the incorporation of the Sixth Amendment. Betts confirmed the special circumstances rule of Powell. Betts, a farmhand, was indicted for noncapital robbery. Not having the money to hire a lawyer, Betts asked the judge for appointed counsel at his arraignment. (Zalman, 2008). The judge refused, stating that the Carroll County Court appointed counsel for indigent defendants only in prosecutions for murder and rape. The issue before the Supreme Court was whether a state felony trial conducted without defense counsel was a deprivation of Fourteenth Amendment due process liberty. (Zalman, 2008). Justice Black urged incorporation of the...
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... 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently Dangerous Felony b. Merger Doctrine c. In furtherance of Felony IV. Rape A. Mens Rea and role of mistake 1. B. Actus Reus 1. Subjective 2. FRR 3. No Means No 4. Affirmatively Expressed Consent V. Inchoate A. Attempt 1. CL a. Mens Rea i. Intent to commit attempt...
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...Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States Kirk H. Andersen Park University July 2012 Abstract One of the greatest rights the Founding Fathers of the United States of America gave to its citizens was the right against unreasonable search and seizure. This right is guaranteed under the Fourth Amendment of the Constitution of the United States. When this right is abridged by the government, what recourse does the citizen have to try and right this wrong? The appellate court system, up to the United States Supreme Court, was created to protect citizens rights. However, the courts have found, that under certain circumstances the government is capable of executing a search or seizure without a warrant as the Fourth Amendment so requires. This paper addresses exigent circumstances to search and seizure. Exigent Circumstances to Search and Seizure The Fourth Amendment to The Constitution of the United States The Constitution of the United States is the basic document that governs the citizens of the United States of America. The framers of the Constitution wrote it with deep emotions in response to how the American Colonies had been treated under the British Crown. The Fourth Amendment, in particular, to protect citizens from unreasonable search and seizure, was written in response to how the colonist had been subject to writs of assistance, which were warrants that British Customs Officers and soldiers...
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...Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction for the following actions; all Traffic and Ordinance violations, all criminal misdemeanors, preliminary exams on felonies, small claims suits, civil lawsuits (amounts up to $25,000), and all contract disputes between tenants and landlords. When I arrived there were a lot of people waiting and I noticed signs posted on the court room doors that stated "Do not to enter until your name is called". Although I know court rooms are generally open to the public, I did not want to be intrusive so I waited patiently in the Traffic/Cashier line hoping someone would be able to assist me. Soon, someone escorted me into the court room. I looked around and tried to get familiar with the surrounding seeing as how this was my first time being in a court room. I quickly learned that the docket schedule to be heard were criminal and traffic cases. There were a few people waiting on the bench-seats, some by themselves and others with their attorneys and a few people sitting in the jury box with dark blue jail uniforms on. I took my seat, adjusted my eyes and ears, and began to feverishly take notes. The case to be heard by the judge was People V. Ms. X. Ms. X was a small girl with long blonde and pink hair, hardly someone you would expect to face a judge in a prisoner jumpsuit. She was on probation for a multitude of offenses including a possession of a controlled...
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...Facts: Petitioner was charged in Florida State Court with breaking and entering with the intent to commit a misdemeanor- a felony under Florida law. The destitute petitioner ask the court to provide counsel to represent him in court because he cannot afford a lawyer. The court denied the petitioner stating Florida law does not have to appoint counsel to defendants unless a person is charged with a capital offense. Petitioner protest that he had a right to counsel, but was force to put on his case and lost. Petitioner filed a habeas corpus petition to the Florida Supreme Court and challenge his conviction claiming the refusal to appoint counsel in his trial encroached on his 6th Amendment right of the U.S. Constitution. The Florida Supreme Court denied the petitioner relief citing case law from the Betts v. Brady case which held the...
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