Welcome to AJ106-Criminal Law I

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Rio Hondo College
Department of Public Safety
3600 Workman Mill Road
Whittier, CA 90608

Course Description: This is an in-depth study of the legal processes from pre-arrest, arrest through trial, sentencing procedures; a review of the history of case and common law; conceptual interpretations of law as reflected in court decisions and the study of case law methodology and case research as the decisions impact upon the procedures of the justice system.

Course Assignments

Unit 1- email your instructor and acknowledge due dates for completed work and final exams.

Unit 2-  Define or discuss-

A.       Civil Law

B.      Criminal Law

C.      Sources of Law including:

1.      Statutory

2.      Constitutional

3.      Case

D.      U.S. Constitution as it pertains to due process and equal protection

• Torts and Crimes Distinguished
  Torts may be negligent or intentional; both involve a fault concept, but the defendant is not looked upon with the social condemnation reserved for those who violate the criminal law.
  
• Nature and Purpose of Criminal Law
  Criminal law is the most serious approach used by society to control human behavior. The nature and explanation of punishments have varied over time.
• Sources of Criminal Law
  Law is derived from four sources: administrative regulations, constitutions, judicial decisions, and statutes.
• Due Process and Equal Protection
  The U.S. Constitution prohibits the federal government (in the Fifth Amendment) and the states (in the Fourteenth Amendment) from depriving persons of life, liberty, or property without due process and equal protection of the law.
  

Unit 3- Define or discuss-

A.       Defenses to crimes

B.      Burden of proof

C.      Insanity pleas and the shift in burden of proof

• Types of Defenses
  A defense is a response made by a defendant in a civil or a criminal case. That response may be a denial of the factual allegations raised by the prosecution or by the plaintiff.
• Burden of Proof and Presumptions
  The prosecution has the difficult burden of proving beyond a reasonable doubt all the required elements of the crime charged as well as the allegation that the defendant committed the crime. A presumption is an assumption of a fact that is based on other facts.
• Insanity Tests
  The concept of mental competency is used in contexts other than defenses within criminal law. For example, a defendant may be sane at the time the alleged offense was committed but incompetent at the time of trial.
• Traditional/Non-Traditional Defenses
  Even if the prosecution sustains the burden of proof, a defendant may not be criminally liable for the crime if an affirmative defense is proved.
  

Unit 4- Define or discuss-

A.       Intent:

1.      General

2.      Specific

3.      Transferred

4.      Criminal negligence

B.      Minimal requirements with respect to corpus delicti

C.      Parties to crime:

1.      Principals

2.      Accessories

3.      Accomplices

• Elements of Criminal Liability
  When a criminal act or omission combines with a criminal state of mind of attendant circumstances to cause harm, criminal liability may result.
• Types of Intent
  The prosecution must prove that the defendant intended to deprive the owner of the property permanently or for an unreasonable length of time, not just that the property was taken away intentionally.
  
• Parties to Crime at Common Law
  Principals and accessories for felonies at common law were divided as follows: (1) Before the crime - accessory before the fact, (2) During the crime - principal in the first & second degree, and (3) After the crime - accessory after the fact.
  
• Liability
  All crimes must involve a criminal act or a failure to act where there is a legal duty to act. We may not be prosecuted for our criminal thoughts, but criminal liability may exist once we take a substantial step toward a criminal act.
  

Unit 5-  Define or discuss

A.       Homicide:

1.      Justifiable

2.      Excusable

B.      Murder vs. Manslaughter

C.      Domestic violence vs. Battery

D.      Inherent problems in prosecuting sex crimes

• Homicide
  This refers to all cases in which human beings kill other human beings by their own acts, omissions, or procurements.
• Murder/Manslaughter
  Under the common law and many modern statutes, murder requires malice aforethought, whereas manslaughter is defined as an unlawful killing without malice aforethought.
• Domestic Violence
  Domestic disputes can lead to violence. At one time this was considered a family affair. Now this is a serious offense.
• Rape and Sodomy
  Sex crimes are very sensitive. Many victims do not want to report the crime. These crimes are so serious that they have been defined as separate crimes.
  

 Unit 6-  Define or discuss-

A.       Robbery

B.      Extortion

C.      Kidnapping

D.      False imprisonment

• Robbery is the wrongful taking of personal property from one's immediate presence by use of force or fear. Robbery has been expanded to include carjacking & home invasions.
  
• Robbery focuses on threats of immediate injury to a person who is at the scene of the crime. Extortion usually involves threat of injuries in the future if current demands are not met.
  
• False imprisonment requires: confinement of a person against his/her will, physical force, and/or psychological tactics used. It must be without consent of the victim, and victim does not need to be confined in an enclosed area.
  
• In common law, kidnapping requires that the person be transported out of the country against his/her will. Modern day does not require the victim be taken out of the country. Detention by force/threats is required. Also in states where transportation is required, "substantial movement" of the victim must be shown.
  

Unit 7-  Define or discuss-

A.       Five property crimes

B.      Unlawful assembly vs. Riot

C.      Two crimes involving public morality

• Serious Property Offenses
  Official FBI crime data indicate that among serious crimes, property crimes (burglary, larceny-theft, motor vehicle theft, and arson) are committed far ore frequently than violent crimes.
• Less Serious Property Crimes
  It is important to understand that the term less serious does not mean that the crime has a lesser economic impact on society. But crimes such as, embezzlement and fraud do not arouse the fear and anger for the general public that occurs with burglary and larceny-theft.
• Crimes Against Public Order
  Offenses against the public peace and order are punishable because they invade society’s peace and tranquility. This covers offenses that go to the heart of a free society; offenses that force us to consider under what circumstances the rights of individuals should prevail over the alleged need to protect society.
• Crimes Against Public Morality
  It is difficult to draft and interpret indecency and lewdness statutes to achieve the desired goal of protecting people from being forced to view sexual behavior that they choose to avoid. Public Morality crimes were brought about to preserve the family structure.
  

Unit 8-  Define or discuss-

A.       Attempts

B.      Solicitation to commit serious felonies

C.      Conspiracy

D.      Pimping, pandering, and prostitution

• At early common law, only completed crimes were punished. Modern laws allow a person charged with attempting a specific crime, such as attempted robbery, not with just attempt. There must be an overt act which constitutes a substantial step toward the commission of an offense.
  
• Solicitation did not become a crime under English Law until 1801. Modern law on solicitation - charge must be solicitation on a specific crime, such as solicitation of murder.
  
• Conspiracy requires an agreement by two or more persons to commit a crime.
  
• Under common law, prostitution is applied to a woman accepting payment for engaging in sexual intercourse with a man. Some states now have separate statutes to cover the customer. Pandering refers to someone who procures prostitutes for others. Pimping is a separate offense that applies to a person who receives money from the prostitute's earnings.
  

Unit 9- Define or discuss-

A.       Case law as it applies to use of force

B.      Appropriate levels of force in self-defense

C.      The amount of force used to protect property

• The use of force that is reasonable under the totality of the circumstances is a defense for actions that would otherwise be criminal. There is no defense if the force used exceeds this standard.
  
• Right to use force in self-defense is based on what a reasonable person would do when confronted with the facts as they reasonably appear to be.
  
• In self-defense, a victim is allowed to stop the aggression - this usually requires slightly more force than was used by the assailant.
  
• Deadly force is never justified solely in defense of property.
  

Final Examination: Your grade for the course will be weighted as follows: Written Assignments = 50%, Final Exam = 50%. In order to successfully complete the course you MUST complete the written assignments and, take the final examination. If you live within 50 miles of the campus, you MUST take the final examination on campus. You may contact the Learning Assistance Center at (562) 692-0921 x 4016 or 3169 to schedule taking the final exam. The Learning Assistance Center is located at the Police Academy which is on the main campus on Canyon Drive. If you live over 50 miles from the college the exam may be proctored at your location. Contact your instructor for details.

If you experience any difficulty or need any further clarification, contact the Online Coordinator, Carley Mitchell at mitchellcarley@hotmail.com or in an emergency call him at (801) 953-6173.

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