• Felonies
  • capital crimes
  • all others 1 year minimum prison where Δ is sentenced to DOC
• Misdemeanors
  • punishable by fines and up to 1 year in county jail
• Petty offenses
  • (text: up to 6 mos. jail)
  • 
    
• Ordinance violations (O.V.s)
  
  • quasi-criminal in nature; therefore, lesser burden of proof

between nation and states

between state and states

article IV: full faith and credit act

identify conduct that is punishable

civil litigation can never be used as a bargaining chip in a criminal case

written law

Illinois is a statute state for criminal law

general: people who have not

specific: convicted persons

drug treatment program, retrain job skills, halfway house

MICAP (mental illness court alternative program)

retroactive justice – giving the criminal a role in repairing the harm

DOC runs penitentiary & parolees

sheriff runs the county jail

prosecutor okays cop charging someone with felony

Prosecutors have a huge amount of discretion and a lot of decision-making.

1. Prosecutors defend...

2. Defense attys defend...

1. the people.

2. the Constitution.

           concurrence                 concurrence

Mens rea + Actus Reus + Harm + Causation =

Crime

wrongful state/mind

proved with actions before, during, and after

 purposely/intentionally: intend act and intend result

knowingly: intend act, but not necessarily result

recklessly:gross deviation

negligently:stupidity, small deviation

voluntary v. involuntary

• involuntary
  • coerced
  • reflex
  • muscle contraction
  • temporary brain disorders
  • other semi-conscious states

proximate cause

question of forseeability

limited by superceding factor

• possession
• strict liability = absolute liability
  • traffic offenses
  • health & safety issues

1. by statute
2. by relationship
3. by volunteering
4. by contract

Liability is equal to that of the principal.

Accomplice can be charged regardless of conviction of principal.

Presence alone is not enough; must have a guilt mind.

Accomplice requires same intent as principal.

are not present at scene of crime

employer-worker

parent-child

Classes of Crimes that Result in a Death

• First Degree Murder
  
• Intentional Homicide of an Unborn Child
• Second Degree Murder
  
• Voluntary Manslaughter of an Unborn Child
  
• Involuntary Manslaughter & Reckless Homicide -
• Involuntary Manslaughter & Reckless Homicide of an Unborn Child

Misdemeanor - No

Felony - Yes

unintentional killing during the commission of a felony

not all felonies apply to felony murder; must be a forcible felony

heat of passion (no cooling-off period)

provocation

must be adequate to move reasonable person

unintentional death accompanying unlawful act (not felonies)

1. Battery

2. Domestic Battery

1. intentionally touching a person resulting in bodily or physical contact is harmful or offensive

2. add household relationship

1. Domestic Battery Cooling-off Period

2. Orders of Protection

1. 72 Hours

2. most times woman gets order against man

• cannot go back on an order of protection, because it is signed by a judge
• court order

Have not been completed

Conspiracy -> Solicitation -> Attempt -> Completed Crime

• Does not merge with the completed crime
• Mens Rea
  • Intention to enter into agreement
  • Intention to commit a crime
• Actus Reus
  • the agreement
  • overt act in furtherance of the agreement by ANY co-conspirator (need not be a criminal act)

• IL only needs two
• 720 ILCS 5/8-2
• “A person commits conspiracy when, with intent that an offense be committed, he agrees with another, to the commission of that offense.”
• Unilateral conspiracy state
  •  No last conspirator defense in IL
    • Allows for prosecution of one conspirator

Legal impossibility

No factual impossibility

Conspiracy

Hearsay

Statements made during the court of the conspiracy and in furtherance of it are admissible

Must prove conspiracy with independent evidence first

• Merges with the completed crime
• Mens Rea
  • Specific intent to commit a crime
• Actus Reus
  • Must be an act beyond mere preparation that furthers criminal intent
• No attempt strict liability
• No attempt reckless or negligent acts

Attempt

Sentencing

Attempt sentence is one level below the completed crime

 Impossibility: legal and factual

Abandonment: voluntary and complete

• The command or inducement of another to commit a substantive crime
• Actus reus
  • Words
  • not simple approval
  • do not have to reach their intended target
• Mens rea
  • Specific intent
• Usually merges with conspiracy, attempt, or completed crime

 Renunciation

beyond a reasonable doubt

does not shift burden of proof, but has burden of production for affirmative defense

EXCEPTION: insanity defense – Δ must prove by clear and convincing evidence

• Federal – 5 yrs.

• Illinois
  • Felony 3yrs.
  • Misdemeanor -18 months

• Murder or forgery – none

•  cant’t be tried for the same crime twice
• all crimes arising from same actions need to be linked together
• look at the elements (ex: needle – misdemeanor, heroin – felony)
• jeopardy begins with 1st witness (bench trial) or when jury is enpaneled and ends when judgment is entered

not in Bill of Rights

derived from different amendments

• unprovoked attack
• imminent
• reasonable force – objective standard
• Illinois does not require retreat, but Model Penal Code does
• defense of self or another
• if aggressor gives up attack in good faith, and the victim continues to attack, the aggressor may defend himself

use of reasonable force

• greater force may be used than just regular property
• deadly force if:
  • entrance is violent or tumultuous
  • necessary to protect people in a dwelling

3rd person forcing

choice of two evils; illegal action to prevent worse harm from a legal act

revoked license drive to hospital

• not entrapment when person is disposed to bad prior acts
• gov’t agent needs to induce person not disposed to bad acts
• provide opportunity but not entice
• police involvement cannot be so extreme as to violate due process

1. not guilty

2. guilty

3. guilty but mentally ill

4. not guilty by reason of insanity

attempted battery

victim does not need to know

•  victim has to know they are threatened; harm is the fear
• more than just rods; reasonable means to make due
• objective standard of fear (reasonable person)

is a mitigating defense for battery

[“let’s go outside and fight”]

status, weapon, place

no physical or emotional harm required

reckless mens rea

pattern of threatening behavior

• rape shield law
• testify via videotape possibly; problem with due process
• children can give suggestive testimony
• IL does not require any physical resistance; no consent and sexual transgression is enough

minor

defense is reasonable mistake of age

sex offenders must register

community awareness, not further punishment

strict liability offense for not registering

• taking a human being from a place of safety to a place of danger
• asportation
• secretly confines
• factors
  
  • duration
  • occurred during a commission of another offense
  • whether it is inherent

• aggravated: weapon, status, ransom

• damage of property by fire or explosion

• aggravated: someone in the home

• another must have interest in property

• intentional or knowing mens rea

• enter with intent to commit felony

• breaking and entering is now only entering

• attached garage is part of dwelling, so it is a residential burglary

1. obtains or exerts unauthorized control over property of the owner
2. obtains be deception control over property of the owner
3. obtains by threat control over property of the owner
4. obtains control over stolen property or under such circumstances as would reasonably induce one to believe the property was stolen [sold out of back of van]

property concealed and taken past last point of payment

takes property from the person or in presence of another by force or threatening imminent use of force

same as robbery while indicating verbally or by his actions to the victim that he is presently armed with a weapon (does not actually have weapon)

same as robbery, but with a firearm or other dangerous weapon

• Katz v. US
  • objective and subjective expectation of privacy
  • shifted from protecting places to protecting people
• curtilage v. open fields
• searches okay for public area
• medical records protected, except with DUI
  • implied consent through motor vehicle code
• roommates, overnight visitors

• bare suspicion < probable cause < reasonable doubt
  • formally two prong test
  • currently totality of circumstance
• neutrality – judge or magistrate approves warrant
• particularity
  • street address, description of house
  • add ownership or money to expand the search for an item

waiting for action before warrant is executed

• police execute
• prosecutor advises
• knock and announce
  • prevents destruction of evidence, flee, or injury of police
• detention
  • prevent flight
  • decrease danger to police
  • facilitate orderly search
  • frisk: if probable cause or incident to arrest

1. Arrest
2. Stop & Frisk
3. SITLA
4. Plain view
5. Impound/inventory searches
6. Motor Vehicle searches
7. Consent
8. Inevitable discovery
9. Community caretaking function

Exceptions to Requirement of Warrant

Arrest

restricting movement and freedom to leave

belief that arrestee does not have freedom

Exceptions to Requirement of Warrant

Stop & Frisk (terry stop)

• reasonable suspicion as oppose to probable cause is needed
• less than a full arrest and search
• reasonable, articulable, and particularized actions for suspicion
• must have suspicion
  • involved in wrongdoing
  • carrying a weapon
• other contraband can be seized, if it is “plain feel”
• do not have to give name to police

Exceptions to Requirement of Warrant

SITLA

(Search Incident To Lawful Arrest)

• concurrent to full, custodial arrest
• search area under arrestee’s control at time of arrest
• area can move
• no probable cause necessary for SITLA
• protective sweep, but no pat down of others unless reasonable, articulable suspicion of others
• Cars
  • still wingspan – passenger compartment excluding trunk
  • Belton case
    • allowed search of interior of car and closed containers even when driver is removed and is 30 feet away

Exceptions to Requirement of Warrant

Plain View

Exceptions to Requirement of Warrant

impound/inventory searches

• can be subsequent to arrest

• police must have standard operating procedure (no bias)

• containers can be opened

• no probable cause

Execeptions to Requirement for Warrant

Motor vehicle searches

• mobility -> more easily subject to unavailability
• decreased privacy expectations
• probable cause needed (unlike SITLA or inventory)
• can search entire passenger compartment and truck without warrant if there is probable cause -> contraband in car
• can also open any containers capable of holding the contraband can be searched
• get search warrant for smaller closed containers or ask for consent

Exceptions to Requirement for Warrant

Consent

can be withdrawn

must be voluntary

fruit of the poisonous tree

• burden to rest on state

• adversarial system, not inquisitional

• cannot be convicted solely on confession; other evidence is needed too

• remedy of state compelling incrimination is suppression of statement

• “No person… shall be compelled in any criminal case to be a witness against himself."
• use nature of proceeding to determine use of 5th (civil v. criminal)
  • cannot use 5th amend. in civil
• protects people, not corporations
• does not protect:
  • people who lie or commit perjury
  • criminal liability in foreign territories
• witnesses may use 5th amend.
• must invoke 5th to each specific question
• if alone in interrogation, must be notified of 5th amend.
• cannot use 5th amend. when no new crime is being asserted; includes probation hearing

furnishes a link in the chain of evidence needed to prosecute

if state objects to 5th, state has burden to prove the testimony is not incriminating

• Immunity
  • use: charge specific
  • transactional: broader
• Statute of limitations
• Statute (i.e. income tax, leave scene of accident)
• Jury instructions
  • prosecutor cannot comment on Δ’s silence; grounds for mistrial

Testimonial evidence is protected by the 5th amendment

physical evidence is not

• custodial interrogation

• right to remain silent

• right to atty; if indigent, court will appt

• any statements made can be used against

circumstances

reasonable person feel free to leave interrogation?

• police action involved designed to elicit info
  • verbal questioning
  • non-verbal
    • gory photos
    • contrived conversation between officers
• volunteered statements not protected
• jail informants okay
  • must not engage
  • conversations or listening okay

confession -> “I did it.”

admission -> “I was there.”

Police will ask for clarification if the invoking of Miranda is unclear.

police do not need to tell person if atty is trying to contact the person.

Statements given under bad interrogation can still be used to impeach.

• post-indictment or arraignment

• police action to elicit incriminating info without atty present

• informant can be placed in cell to overhear but cannot engage in any action to elicit incriminating conversation

• case specific

• all have possibility for bias
• 6th amendment right to counsel for line-up but not photo ids
  • ids can be suppressed if done incorrectly
  • if id is bad, prosecution must how that any other subsequent id process is valid
  • show-ups
    • usually frowned upon
    • deathbed exception

Prevention: have a non-involved cop conduct the line-up

mistaken identity

alibi

violations of procedural law

A crime that typically occurs only in a business context using nonviolent means.

embezzlement

mail and wire fraud

bribery

bankruptcy fraud

theft of trade secrets

insider trading

Burglary

Larceny

Obtaining Goods by False Pretenses

Receiving Stolen Goods

Arson

Forgery

publis drunkenness

prostitution

gambling

illegal drug use

operates illegitimately providing illegal goods and services

money laundering

RICO Act (Racketeer Influenced and Corrupt Organizations Act)

• Cyber Theft
  • financial crimes
  • identity theft
• Cyberstalking
• Hacking

1. access the computer without authority
2. taking the data

Felony if committed for:

• commercial purpose
• private financial gain
• value of data exceeds $5K

1. use income obtained from racketeering activity to purchase any interest in an enterprise
2. acquire or maintain an interest in an enterprise through racketeering activity
3. conduct or participate in the affairs of an enterprise through racketeering activity
4. conspire to do any of the proceeding activities

Major Procedural Steps in a Criminal Case

Arrest

Booking

Initial Appearance

Grand Jury or Prelimiary Hearing

Indictment or Information

Arraignment

Plea Bargain

Guilty Plea or Trial

Reasonable grounds ato believe the existence of facts warranting certain actions, such as the search or arrest of a person.

must have a likelihood that:

• a crime was committed
• the individual committed the crime

An initial hearing in which a judge or magistrate decides if there is probable cause to believe that the defendant committed the crime with which he is charged.

Procesutor may present witnesses, and defense counsel may cross examine.

A group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which he has been charged and should stand trial.

Usually only prosecutor presents evidence

"I will not contest it."

A criminal defendant's plea in which he chooses not to challende the charges brought by the goverment.  Although the defendant will still be convicted and sentences, the plea neither admits nor denies guilt.

A motion requesting that certain evidence be excluded from consideration during the trial. 

usually officer performed search without probable cause