CHAPTER
6CHAPTER
6STATUTES, federal and state, are the primary source of criminal law. Penal codes are comprehensive collections of defined crimes and penalties.
PARTIES, to a crime:
plaintiff is the state, represented by the prosecutor
defendant is the accused, represented by the defense attorney.
Felony is any crime or which the penalty is 1 or more years in the penitentiary.
Misdemeanor is any crime for which the penalty is move than 6 month but less than 1 year in jail
Petty misdemeanor is any crime for which the penalty is less than 6 months in jail.
1. Actus reus - the criminal act
2. Mens rea - evil intent
3. Acts without mens rea - traffic violations
- crimes in which the words knowingly, reckless, negligently, malicously, etc. are not included.
Criminal Basis for Tort Actions - most crimes are also torts.
So why do we not hear of tort actions brought against criminals? Because most criminals are judgment proof.
Mention O.J. Simpson. Wrongful Death action brought.
Mention Dr. Ucker.
Can a corporation be convicted of a crime? Yes. NM 30-20-1 specifically says that a corporation, club, organization or unincorporated association shall be fined as provided by law.
Vaughan and Sons, Inc. v., Texas, 737 S.W.2d 805 (TX, 1987)
Arrest
Initial Appearance
Indictment or information
Arraignment
Plea Bargaining
Trial
Robbery force or threat or force
Burglary breaking and entering with the intent to commit a felony
Larceny wrongful and fraudulent taking of another's personal property.
Theft - crime which drops the distinction between robbery, burglary and larceny.
Receiving Stolen Property
1. knowingly receive stolen property
2. intend to deprive the rightful owner of that property