Nvcc College-Wide Course Content Summary Lgl 218 - Criminal Law (3 Cr.)

Total Page:16

File Type:pdf, Size:1020Kb

Nvcc College-Wide Course Content Summary Lgl 218 - Criminal Law (3 Cr.) NVCC COLLEGE-WIDE COURSE CONTENT SUMMARY LGL 218 - CRIMINAL LAW (3 CR.) COURSE DESCRIPTION Focuses on major crimes, including their classification, elements of proof, intent, conspiracy, responsibility, parties, and defenses. Emphasizes Virginia law. May include general principles of applicable Constitutional law and criminal procedure. Lecture 3 hours per week. GENERAL COURSE PURPOSE This course is designed to introduce the student to the various substantive and procedural areas of criminal law. ENTRY LEVEL COMPETENCIES Although there are no prerequisites for this course, proficiency (at the high school level) in spoken and written English is recommended for its successful completion. COURSE OBJECTIVES Upon completion of this course, the student should be able to: - describe the structure of the criminal justice system - describe the elements of various federal and Virginia state crimes - understand the ways in which a person can become a party to a crime - describe the elements of various affirmative defenses to federal and Virginia state crimes - understand the basic structure of the law governing arrest, search and seizure, and recognize Constitutional issues posed in these areas - describe the stages of criminal proceedings, in both federal and state courts, and assist a prosecutor or defense lawyer at each stage of such proceedings MAJOR TOPICS TO BE INCLUDED - crimes versus moral wrongs - felonies vs. misdemeanors - criminal capacity - actus reas, mens rea and causation - elements of various federal and Virginia state crimes - inchoate crimes: attempt, solicitation, and conspiracy - parties to a crime - affirmative defenses - insanity - probable cause - arrest, with and without a warrant - search and seizure, with and without a warrant - grand jury indictments - bail and pretrial release - pretrial proceedings - steps of trial and appeal EXTRA TOPICS WHICH MAY BE INCLUDED - purposes of criminal law and punishment - sentencing, probation and parole - special issues posed by mental illness - special issues posed by the death penalty .
Recommended publications
  • Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
    63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person.
    [Show full text]
  • Access to Justice for Children: Mexico
    ACCESS TO JUSTICE FOR CHILDREN: MEXICO This report was produced by White & Case LLP in November 2013 but may have been subsequently edited by Child Rights International Network (CRIN). CRIN takes full responsibility for any errors or inaccuracies in the report. I. What is the legal status of the Convention on the Rights of the Child (CRC)? ​ A. What is the status of the CRC and other relevant ratified international instruments in the national legal system? ​ The CRC was signed by Mexico on 26 January 1990, ratified on 21 November 1990, and published in the Federal Official Gazette (Diario Oficial de la Federación) on 25 ​ ​ January 1991. In addition to the CRC, Mexico has ratified the Optional Protocols relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. All treaties signed by the President of Mexico, with the approval of the Senate, are deemed to constitute the supreme law of Mexico, together with the Constitution and the laws of the Congress of the Union.1 The CRC is therefore part of national law and may serve as a legal basis in any proceedings before the national courts. It is also part of the supreme law of Mexico as a whole and must be implemented at federal level and in all the individual states.2 B. Does the CRC take precedence over national law The CRC has been interpreted to take precedence over national laws, but not the Constitution. According to doctrinal thesis LXXVII/99 of November 1999, international treaties are ranked second immediately after the Constitution and ahead of federal and local laws.3 On several occasions, Mexico’s Supreme Court has stated that international ​ treaties take precedence over national law, mainly in the case of human rights.4 C.
    [Show full text]
  • Guilt, Dangerousness and Liability in the Era of Pre-Crime
    Please cite as: Getoš Kalac, A.M. (2020): Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? Conference Paper presented at the 2019 biannual conference of the Scientific Association of German, Austrian and Swiss Criminologists (KrimG) in Vienna. Forthcoming in: Neue Kriminologische Schriftenreihe der Kriminologischen Gesellschaft e.V., vol. 118, Mönchengladbach: Forum Verlag Godesberg. Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? To Adapt, or to Die, that is the Question!1 Anna-Maria Getoš Kalac Abstract: There is no doubt that, in terms of criminal policy, we have been living in an era of pre-crime for quite some time now. Whether we like it or not, times have changed and so has the general position on concepts of (criminal) guilt, dangerousness and liability. Whereas once there was a broad consensus that penal repression, at least in principle, should be executed in a strictly post-crime fashion, nowadays same consensus has been reached on trading freedom (from penal repression) for (promised) security, long before an ‘actual crime’ might even be committed. In this regard the criminalisation of endangerment and risks only nomotechnically solves the issue of ‘actual’ vs. ‘potential’ crimes – in essence it merely creates a normative fiction of pre-crime crimes, whereas in reality ‘actual crimes’ do not exist at all. The starting point of criminalisation has clearly shifted away from the guilt of having committed a crime, to the mere dangerousness of potentially committing a crime, which potential as such is purely hypothetical and beyond the grasp of empirical proof.
    [Show full text]
  • The United States Supreme Court Adopts a Reasonable Juvenile Standard in J.D.B. V. North Carolina
    THE UNITED STATES SUPREME COURT ADOPTS A REASONABLE JUVENILE STANDARD IN J.D.B. V NORTH CAROLINA FOR PURPOSES OF THE MIRANDA CUSTODY ANALYSIS: CAN A MORE REASONED JUSTICE SYSTEM FOR JUVENILES BE FAR BEHIND? Marsha L. Levick and Elizabeth-Ann Tierney∗ I. Introduction II. The Reasonable Person Standard a. Background b. The Reasonable Person Standard and Children: Kids Are Different III. Roper v. Simmons and Graham v. Florida: Embedding Developmental Research Into the Court’s Constitutional Analysis IV. From Miranda v. Arizona to J.D.B. v. North Carolina V. J.D.B. v. North Carolina: The Facts and The Analysis VI. Reasonableness Applied: Justifications, Defenses, and Excuses a. Duress Defenses b. Justified Use of Force c. Provocation d. Negligent Homicide e. Felony Murder VII. Conclusion I. Introduction The “reasonable person” in American law is as familiar to us as an old shoe. We slip it on without thinking; we know its shape, style, color, and size without looking. Beginning with our first-year law school classes in torts and criminal law, we understand that the reasonable person provides a measure of liability and responsibility in our legal system.1 She informs our * ∗Marsha L. Levick is the Deputy Director and Chief Counsel for Juvenile Law Center, a national public interest law firm for children, based in Philadelphia, Pa., which Ms. Levick co-founded in 1975. Ms. Levick is a graduate of the University of Pennsylvania and Temple University School of Law. Elizabeth-Ann “LT” Tierney is the 2011 Sol and Helen Zubrow Fellow in Children's Law at the Juvenile Law Center.
    [Show full text]
  • A Content Analysis of Crimes Posted on Social Media Platforms Abstract I. Introduction
    82 — Elon Journal of Undergraduate Research in Communications, Vol. 9, No. 1 • Spring 2018 A Content Analysis of Crimes Posted on Social Media Platforms Alessandra Brainard Strategic Communications Elon University Submitted in partial fulfillment of the requirements in an undergraduate senior capstone course in communications Abstract With an increasing rate of violent crimes across the country as well as an uptick in crime in the news, perpetrators have turned to social media to gain attention, posting their crimes online. This study analyzed the motives of individuals who post their crimes on social media. By incorporating Sigmund Freud’s theories on guilt and utilizing a narrative criticism of testimony, the findings demonstrate a lack of remorse and guilt on the part of criminals who conduct unlawful acts, such as drunk driving, gang rape, and murder. The study concluded that the rationale behind committing the crime and posting evidence of the illegal activities on social media outlets stems from the drive of human beings to be recognized by others in their environment and social media communities. I. Introduction Historical Context With a skyrocketing presence of violent crimes across the country as well as an increase in crime in the news, perpetrators are turning to social media to gain attention by posting their crimes on social media platforms. The FBI’s Uniform Crime Report showed an increase in violent crime in 38 out of 50 states in 2016 (FBI, 2016). Attorney General Jeff Sessions, who has attempted to raise awareness around this issue, has declared, “The Department of Justice is committed to working with our state, local, and tribal partners across the country to deter violent crime, dismantle criminal organizations and gangs, stop the scourge of drug trafficking, and send a strong message to criminals that we will not surrender our communities to lawlessness and violence” (The United States Department of Justice, 2017).
    [Show full text]
  • Introduction to Law and Legal Reasoning Law Is
    CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150.
    [Show full text]
  • Criminal Procedure Code of the Republic of Armenia
    (not official copy) CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA GENERAL PART Section One : GENERAL PROVISIONS CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE Article 1. Legislation Governing Criminal Proceedings Article 2. Objectives of the Criminal-Procedure Legislation Article 3. Territory of Effect of the Criminal-procedure Law Article 4. Effect of the Criminal-Procedure Law in the Course of Time Article 5. Peculiarities in the Effect of the Criminal-Procedure Law Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS Article 7. Legitimacy Article 8. Equality of All Before the Law Article 9. Respect for the Rights, Freedoms and Dignity of an Individual Article 10. Ensuring the Right to Legal Assistance Article 11. Immunity of Person Article 12. Immunity of Residence Article 13. Security of Property Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications Article 15. Language of Criminal Proceedings Article 16. Public Trial Article 17. Fair Trial Article 18. Presumption of Innocence Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right Article 20. Privilege Against Self-Incrimination (not official copy) Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes Article 23. Adversarial System of Criminal Proceedings Article 24. Administration of Justice Exclusively by the Court Article 25. Independent Assessment of Evidence CHAPTER 3. CONDUCT OF CRIMINAL CASE Article 26. Conduct of Criminal Case Article 27. The Obligation to institute a criminal case and resolution of the crime Article 28.
    [Show full text]
  • Critical Criminal Justice Issues
    U.S. Department of Justice Office of Justice Programs National Institute of Justice CriticalCritical CriminalCriminal JusticeJustice IssuesIssues TaskTask ForceForce ReportsReports FromFrom thethe AmericanAmerican SocietySociety ofof CriminologyCriminology toto AttorneyAttorney GeneralGeneral JanetJanet RenoReno FOREWORD There is a discernible urgency to the crime issue. Crime and the fear of crime rank as the most important issues in public opinion polls. Some communities resemble war zones where gunshots ring out every night. Other cities struggle to create islands of civility amid threats to public order posed by low-level criminal behavior that eludes traditional measures. Appropriately, public policymakers and administrators in the criminal justice system are responding to the issue of crime in all its complexity. Every aspect of the infrastructure of our traditional criminal justice policy is undergo- ing fundamental rethinking. Our approaches to policing, adjudication, sentencing, imprisonment, and community corrections are changing in significant ways. Indeed, communities that are suffering from crime are changing their interactions with the agencies of the criminal justice system as the concepts of community policing, community prosecution, and community justice take on real meaning in cities and towns around the country. This combination—a sense of urgency on the part of the public and a rapidly changing policy response—creates a compelling need for policy-relevant research. When Attorney General Janet Reno addressed the American Society of Criminology at its annual meeting in November 1994, she challenged Society members to translate their re- search findings into recommendations that would benefit the practitioners and policymakers who confront the issues of crime and justice. The reports presented in these pages are the response to that challenge.
    [Show full text]
  • Disparity Review – Part II December 2019
    Case 2:12-cv-01282-JLR Document 600-1 Filed 12/31/19 Page 1 of 124 DISPARITY REVIEW – PART II Disparity Review – Part II Developing a Deeper Understanding of Disparities Identified in Part I December 2019 SEATTLE POLICE DEPARTMENT 1 Case 2:12-cv-01282-JLR Document 600-1 Filed 12/31/19 Page 2 of 124 DISPARITY REVIEW – PART II EXECUTIVE SUMMARY The Consent Decree included several requirements related to bias-free policing, including the general mandate that the Seattle Police Department (“SPD”) “deliver police services that are equitable, respectful, and free of unlawful bias, in a manner that promotes broad community engagement and confidence in the Department.” To that end, it also required updates to SPD’s Bias Free Policing policies and training. The Consent Decree also stated that, in consultation with the Community Policy Commission (“CPC”), SPD should consider whether to revise SPD Manual 5.140. In 2014, after consultation with the Department of Justice and the Seattle Police Monitor, SPD amended Policy 5.140 (Bias-Free Policing), which now contains a “Disparate Impacts” provision, thereby satisfying the requirements of the Consent Decree. See Dkt. 118 at 5-8. Under this policy, SPD committed to eliminating policies and practices that have an unwarranted disparate impact on certain protected classes of people. SPD recognizes that even in the absence of intentional bias, the long-term impacts of historical inequality and institutional bias can result in disproportionate enforcement activities. With that in mind, the Department is committed to identifying and eliminating unwarranted or unnecessary disproportionate enforcement while protecting public safety and public order.
    [Show full text]
  • A General Mitigation for Disturbance-Driven Crimes?: Psychic State, Personal Choice, and Normative Inquiries
    University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 10-19-2018 A General Mitigation for Disturbance-Driven Crimes?: Psychic State, Personal Choice, and Normative Inquiries Paul H. Robinson University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Courts Commons, Criminal Law Commons, Criminology Commons, Criminology and Criminal Justice Commons, Law and Psychology Commons, Law and Society Commons, Public Law and Legal Theory Commons, and the Social Control, Law, Crime, and Deviance Commons Repository Citation Robinson, Paul H., "A General Mitigation for Disturbance-Driven Crimes?: Psychic State, Personal Choice, and Normative Inquiries" (2018). Faculty Scholarship at Penn Law. 2005. https://scholarship.law.upenn.edu/faculty_scholarship/2005 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. Robinson October 19, 2018 A General Mitigation for Disturbance-Driven Crimes? Psychic State, Personal Choice, and Normative Inquiries Paul H. Robinson I. Availability of the Mitigation 1. Should a murder mitigation be limited to cases of provoked “heat of passion”? 2. Should a disturbance-based mitigation be limited to cases of murder? II. Operating Principles 3. The Psychic State Inquiry: To what extent was the offender acting under the influence of mental or emotional disturbance at the time the offense? 4. The Personal Choice Inquiry: Given the offender’s situation and capacities, to what extent can one understand why the offender failed to restrain him or herself from committing the offense? 5.
    [Show full text]
  • Seattle City Attorney Peter S
    Seattle City Attorney Peter S. Holmes POLICE ACTION TEAM EXTERNSHIP The Police Action Team of the City Attorney’s Office is seeking individual(s) to work part-time in an externship opportunity. What does the Police Action Team do? The Police Action Team handles law enforcement related issues involving the Seattle Police Department and other City departments and agencies. The team defends the City and SPD officers in lawsuits alleging civil rights violations, and further represents the department in certain criminal proceedings. This work consists of all aspects of civil and quasi-criminal practice, up to and including trial. The team also provides legal and risk management advice, and reviews and drafts legislation. Lastly, the team represents the City in the federal Consent Decree over SPD. In this role, attorneys on the team review and advise on policies and training materials, draft motions and other court submissions, and work to ensure compliance with the terms and purpose of the Consent Decree. What type of experience do Police Action externs get? Externs in Police Action will receive assignments from and work with all the attorneys on the team. Externs should expect to gain exposure to a broad range of mostly federal civil litigation, including client meetings, motions practice, depositions, mediations, civil and criminal hearings, and trials. Externs will also be exposed to different research and writing projects, including work on the Consent Decree and on legislation. What are the required qualifications? Applicants must have an interest in matters relating to policing and constitutional law. Applicants must possess excellent research and writing skills, and be able to meet tight deadlines.
    [Show full text]
  • Pre-Trial Detention in Spain
    European Journal of Crime, Criminal Law and Criminal Justice 18 (2010) 369–402 brill.nl/eccl Pre-trial Detention in Spain José Luis Díez-Ripollésa and Cristina Guerra-Pérezb a) Professor of Criminal Law, Head, Andalusian Institute of Criminology, University of Málaga, Spain b) Deputy Magistrate at the Málaga Provincial Court; Researcher, Andalusian Institute of Criminology, University of Málaga, Spain 1. Introduction Pre-trial detention is generally admitted the most serious precautionary measure a jurisdiction can adopt to ensure an effective prosecution of crimes, as far as it entails deprivation of liberty for the suspect. Accordingly, circumstances and conditions which must be present to make it possible that judicial decision making, as well as the regime and rights applicable to arrested persons and remand prisoners, become very good indicators of the rigorousness of the corresponding criminal justice system. More than that, it is one of the best guidelines to assess how determined national criminal law is committed to observe the rule of law principles, specifically legal safeguards for suspected offenders. The following pages have three goals: First, it is intended to give an overview of the Spanish regulation of both legally considered pre-trial detention measures, arrest and remand detention. Second, relevant data on the number of arrests and remand detentions and its evolution in recent times are reported, together with an illustrative empirical analysis on the factual procedure and contents of the judicial decision making in ordering these precautionary measures. Finally, a discussion on current and would-be alternatives to pre-trial detention in Spanish criminal justice system is presented.
    [Show full text]