Art discussion
View and compare the following videos and those in the 5 Old-School Video Artists You Should Know link. Share your thoughts with the class.
Bill Viola: The Reflecting Pool
Stan Brakhage: Mothlight
Pierre Huyghe
View: 5 Old-School NYC Video Artists You Should Know
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5 Old-School NYC Video Artists You Should Know (and Follow)
Jason Varone
April 18, 2014
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Peter Campus, still from Kiva (1971) (photo by the author for Hyperallergic)Most written accounts of the origins of video art trace the medium back to the Sony Portapak, the first affordable, battery-powered, portable video-recording device that could be operated by a single individual. The resulting democratization of video was quickly seen as having radical potential. Artists could challenge the rising influence of broadcast media. All of a sudden, the barriers to working in this time-based medium were removed.
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Here, then, are five old-school NYC video artists whose work you should know about and (still) be following.
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Siga o SAPO Vdeos: Criminal Law
Criminal Law
[Author removed at request of original publisher]
UNIVERSITY OF MINNESOTA LIBRARIES PUBLISHING EDITION, 2015. THIS EDITION ADAPTED
FROM A WORK ORIGINALLY PRODUCED IN 2010 BY A PUBLISHER WHO HAS REQUESTED THAT IT
NOT RECEIVE ATTRIBUTION.
MINNEAPOLIS, MN
Criminal Law by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
License, except where otherwise noted.
This book was produced using Pressbooks.com, and PDF rendering was done by PrinceXML.
Contents
Publisher Information viii
About the Author ix
Acknowledgments x
Dedication xi
Preface xii
Chapter 1: Introduction to Criminal Law
1.1 Introduction 2
1.2 Criminal Law and Criminal Procedure 4
1.3 The Difference between Civil and Criminal Law 6
1.4 Classification of Crimes 13
1.5 The Purposes of Punishment 16
1.6 Sources of Law 19
1.7 End-of-Chapter Material 30
Chapter 2: The Legal System in the United States
2.1 Federalism 36
2.2 The Branches of Government 43
2.3 The Court System 49
2.4 The Burden of Proof 54
2.5 End-of-Chapter Material 61
Chapter 3: Constitutional Protections
3.1 Applicability of the Constitution 67
3.2 The Due Process and Equal Protection Clauses 74
3.3 Freedom of Speech 80
3.4 The Right to Privacy 88
3.5 The Right to Bear Arms 92
3.6 Excessive Punishment 95
3.7 End-of-Chapter Material 106
Chapter 4: The Elements of a Crime
4.1 Criminal Elements 113
4.2 Criminal Intent 124
4.3 Causation and Harm 138
4.4 End-of-Chapter Material 145
Chapter 5: Criminal Defenses, Part 1
5.1 Criminal Defenses 151
5.2 Self-Defense 157
5.3 Other Use-of-Force Defenses 166
5.4 Defenses Based on Choice 176
5.5 Consent 181
5.6 End-of-Chapter Material 185
Chapter 6: Criminal Defenses, Part 2
6.1 The Insanity Defense 192
6.2 Infancy, Intoxication, Ignorance, and Mistake 210
6.3 Entrapment 217
6.4 End-of-Chapter Material 221
Chapter 7: Parties to Crime
7.1 Parties to Crime 227
7.2 Vicarious Liability 235
7.3 Accessory 239
7.4 End-of-Chapter Material 245
Chapter 8: Inchoate Offenses
8.1 Attempt 252
8.2 Conspiracy 265
8.3 Solicitation 277
8.4 End-of-Chapter Material 281
Chapter 9: Criminal Homicide
9.1 Homicide 287
9.2 Murder 292
9.3 First-Degree Murder 298
9.4 Felony Murder 304
9.5 Second-Degree Murder 311
9.6 Manslaughter 314
9.7 End-of-Chapter Material 322
Chapter 10: Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint
10.1 Sex Offenses 329
10.2 Assault and Battery 347
10.3 Domestic Violence and Stalking 359
10.4 Kidnapping and False Imprisonment 367
10.5 End-of-Chapter Material 375
Chapter 11: Crimes against Property
11.1 Nonviolent Theft Crimes 381
11.2 Extortion, Robbery, and Receiving Stolen Property 395
11.3 Crimes That Invade or Damage Property 412
11.4 End-of-Chapter Material 425
Chapter 12: Crimes against the Public
12.1 Quality-of-Life Crimes 431
12.2 Crimes Targeting Group Conduct 439
12.3 Vice Crimes 453
12.4 End-of-Chapter Material 464
Chapter 13: Crimes against the Government
13.1 Crimes Involving National Security 470
13.2 Crimes Involving Terrorism 480
13.3 Perjury, Bribery, and Obstruction of Justice 485
13.4 End-of-Chapter Material 500
Chapter 14: Appendix A: Case Listings
Please share your supplementary material! 517
Publisher Information
Criminal Law is adapted from a work
produced and distributed under a
Creative Commons license (CC BY-
NC-SA) in 2012 by a publisher who
has requested that they and the original
author not receive attribution. This
adapted edition is produced by the
University of Minnesota Libraries Publishing through the eLearning Support Initiative.
This adaptation has reformatted the original text, and replaced some images and figures to make the resulting
whole more shareable. This adaptation has not significantly altered or updated the original 2012 text. This work
is made available under the terms of a Creative Commons Attribution-NonCommercial-ShareAlike license.
About the Author
Criminal Law is adapted from a work produced by a publisher who has requested that they and the original author
not receive attribution. This adapted edition is produced by the University of Minnesota Libraries Publishing
through the eLearning Support Initiative. Though the publisher has requested that they and the original author not
receive attribution, this adapted edition reproduces all original text and sections of the book, except for publisher
and author name attribution.
Unnamed Author received her bachelors degree in Spanish from the University of California at Davis in 1985
and her juris doctorate degree from Hastings College of the Law in San Francisco in 1990. Unnamed Author has
taught at the community college, four-year, and graduate levels since 1992. Currently, she is a tenured faculty
member in Administration of Justice at Hartnell College, a California community college. She is also an attorney
and licensed member of the California State Bar. Unnamed Author teaches Criminal Law, Criminal Procedures,
Criminal Evidence, Constitutional Law, and Legal Environment of Business.
Throughout her teaching career, Unnamed Author has embraced innovation, which led her to develop the only
online Degree and Certificate program at Hartnell College, as well as the only accelerated (three-semester) online
degree program in Administration of Justice. Her dedication to students helped her win both campus-wide and
external awards, including the Ercia Harden Teaching Excellence Award in 2006. Unnamed Author continues to
pursue her commitment to student success and hopes to inspire many more students to pursue a career in law,
criminal justice, or paralegal.
Acknowledgments
The author would like to thank the following colleagues who reviewed the text and provided valuable insight for
improvement:
Patti Salinas, Missouri State
Marie Palladini, California State University Dominguez Hills
Mark Stelter, Lonestar College, Montgomery
Donna Nicholson, Manchester Community College
David Weiden, Indiana University-Purdue University Indianapolis
Rachel Singer, John Jay College of Criminal Justice
Allan K. Butcher, University of Texas at Arlington
Patricia Erickson, Canisius College
Keith Logan, Kutztown University, Department of Criminal Justice
Collin K. C. Lau, JD, Chaminade University of Honolulu
Tracy Hearn, Tarrant County College
Judith Fitzgerald, JD, Bowie State University
Linda Markley, Attorney/Lecturer, Kent State University
Dr. Chinyere Ogbonna-McGruder, Austin Peay State University Clarksville, TN
John Overton, University of Tennessee at Martin
Adolfo Barreto, Muskegon Community College
Judith Revels, University of North Florida
John M. Delaney Jr., Lewis & Clark Community College
Gregory W. Bridgeman, Hopkinsville Community College
Kerry Muehlenbeck, Mesa Community College
John Claffey, JD, Western New England College
Diane Sjuts, Metropolitan Community College
Stephen J. Ziegler, PhD, Indiana University-Purdue University
Dr. Anthony Schembri, University of Florida
Also, thank you to Vanessa Gennarelli for your guidance, to Denise Powell for your patience, and to Michael
Boezi for inspiring the confidence and encouragement to complete this project.
Dedication
I would like to dedicate Criminal Law to my family, both immediate (Scott, Melissa, Tara, and Trent) and
extended. Thank you for your unwavering support.
Preface
Welcome to Criminal Law, your guide to a fascinating yet challenging topic. This engaging and interactive
textbook will enhance your ability to be successful in academics or a career in criminal justice.
Content
Criminal Law begins with the foundations of law and the legal system and then extensively explores criminal laws
and defenses using general state principles, federal law, the Constitution, and the Model Penal Code as guidelines.
Although it is neither possible nor desirable to discuss every criminal law, this textbook provides a basic yet
thorough overview of the American criminal justice system. After completing Criminal Law, you will be familiar
with the nature and sources of law, the court system, the adversarial process, the most prominent crimes, and
accompanying criminal defenses.
Approach
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building
a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken
down into separate components. It is so much easier to memorize and comprehend the subject matter when it is
simplified this way. However, becoming proficient in the law takes more than just memorization. You must be
trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to
do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus
the second step of the applied approach is reviewing examples of the application of law to facts after dissecting
and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the
examples are memorable, even quirky, so they will stick in your mind and be available when you need them the
most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation
that doesnt completely make sense the first time you read ityou will just skip to the example. The examples
clarify the principles for you, lightening the workload significantly.
Features
Lets face it, legal textbooks can be dry. This is unfortunate because law, especially criminal law, is an intrinsically
compelling topic. To hold your attention and keep you alert, Criminal Law employs a variety of instructional
techniques that should engage you from start to finish.
First, chapters contain embedded videos, ethical scenarios, charts, diagrams, and tables to demonstrate the legal
concepts and examples provided. These enhancements break up the text and also appeal to various learning styles.
In addition, instead of wasting valuable textbook space by reprinting edited cases, Criminal Law links to cases
online. You can read more cases that way, and cases are like examplesthey demonstrate the application of law
to facts. Also, you can read the entire case exactly the way the judge wrote it, instead of an edited version that has
been shrunk to fit into a limited amount of pages.
Have you ever tried to check your answers to review questions in a textbook, only to find that the correct
answers are nowhere in sight? Criminal Law gives you the answer to every question at the end of each chapter.
Go ahead and check the answers first. Contrary to popular belief, this actually improvesand does not detract
fromlearning.
In addition, Criminal Law includes hundreds of footnotes that link to online cases and statutes; supplementary
links to articles, websites, and statistics online; and plenty of reference material for a term paper or other research
project. In short, Criminal Law should contain everything you need to successfully complete your course. It is
also a valuable guide to which you can refer throughout your criminal justice career.
Goals
Although academic success is important, I wrote Criminal Law to increase your awareness as you read the
newspaper (or read the news online), watch television, or discuss legal situations with friends and colleagues. Law
is an integral part of life, yet most people lack the most fundamental understanding of legal concepts. My sincere
hope is that once you have finished reading Criminal Law, you will become your own most trusted legal authority.
Preface xiii
Chapter 1: Introduction to Criminal Law
Roadsidepictures 1st. Dodge Charger With A Police Package CC BY-NC 2.0.
Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair
notice not only of the conduct that will subject him to punishment but also of the severity of the penalty that a
State may impose.
BMW of North America, Inc. v. Gore, cited in Section 1 Damages
1.1 Introduction
Learning Objective
1. Define a crime.
This textbook introduces you to our legal system in the United States, the basic elements of a crime, the
specific elements of commonly encountered crimes, and most criminal defenses. Criminal law always involves
the government and government action, so you will also review the pertinent sections of the United States
Constitution and its principles as they apply to criminal law. By the end of the book, you will be comfortable with
the legal framework that governs the careers of criminal justice professionals.
Definition of a Crime
Lets begin at the beginning by defining a crime. The most basic definition of a crime is an act committed in
violation of a law prohibiting it, or omitted in violation of a law ordering it (Yourdictionary.com, 2010). You
learn about criminal act and omission to act in Chapter 4 The Elements of a Crime. For now, it is important to
understand that criminal act, omission to act, and criminal intent are elements or parts of every crime. Illegality
is also an element of every crime. Generally, the government must enact a criminal law specifying a crime and
its elements before it can punish an individual for criminal behavior. Criminal laws are the primary focus of this
book. As you slowly start to build your knowledge and understanding of criminal law, you will notice some unique
characteristics of the United States legal system.
Laws differ significantly from state to state. Throughout the United States, each state and the federal
government criminalize different behaviors. Although this plethora of laws makes American legal studies more
complicated for teachers and students, the size, cultural makeup, and geographic variety of our country demand
this type of legal system.
Laws in a democratic society, unlike laws of nature, are created by people and are founded in religious, cultural,
and historical value systems. People from varying backgrounds live in different regions of this country. Thus you
will see that different people enact distinct laws that best suit their needs. This book is intended for use in all
states. However, the bulk of any criminal law overview is an examination of different crimes and their elements.
To be accurate and representative, this book focuses on general principles that many states follow and provides
frequent references to specific state laws for illustrative purposes. Always check the most current version of your
states law because it may vary from the law presented in this book.
Laws are not static. As society changes, so do the laws that govern behavior. Evolving value systems naturally
lead to new laws and regulations supporting modern beliefs. Although a certain stability is essential to the
enforcement of rules, occasionally the rules must change.
Try to maintain an open mind when reviewing the different and often contradictory laws set forth in this book.
Law is not exact, like science or math. Also try to become comfortable with the gray area, rather than viewing
situations as black or white.
Key Takeaway
A crime is an act committed in violation of a law prohibiting it or omitted in violation of a law ordering it.
In general, the criminal law must be enacted before the crime is committed.
Exercise
Answer the following question. Check your answer using the answer key at the end of the chapter.
1. Read Gonzales v. Oregon, 546 U.S. 243 (2006). Did the US Supreme Court preserve Oregons right to
legalize physician-assisted suicide? The case is available at this link: http://www.law.cornell.edu/supct/html/
04-623.ZS.html.
References
Yourdictionary.com, Definition of Crime, accessed August 15, 2010, http://www.yourdictionary.com/crime.
3 Criminal Law
1.2 Criminal Law and Criminal Procedure
Learning Objective
1. Compare criminal law and criminal procedure.
This book focuses on criminal law, but it occasionally touches on issues of criminal procedure, so it is important
to differentiate between the two.
Criminal law generally defines the rights and obligations of individuals in society. Some common issues in
criminal law are the elements of specific crimes and the elements of various criminal defenses. Criminal procedure
generally concerns the enforcement of individuals rights during the criminal process. Examples of procedural
issues are individuals rights during law enforcement investigation, arrest, filing of charges, trial, and appeal.
Example of Criminal Law Issues
Clara and Linda go on a shopping spree. Linda insists that they browse an expensive department store. Moments
after they enter the lingerie department, Linda surreptitiously places a bra in her purse. Clara watches, horrified,
but does not say anything, even though a security guard is standing nearby. This example illustrates two issues
of criminal law: (1) Which crime did Linda commit when she shoplifted the bra? (2) Did Clara commit a crime
when she failed to alert the security guard to Lindas shoplifting? You learn the answer to issue (1) in Chapter
11 Crimes against Property and issue (2) in Chapter 4 The Elements of a Crime and Chapter 7 Parties to
Crime.
Example of Criminal Procedure Issues
Review the example in Section 1.2.1 Example of Criminal Law Issues. Assume that Linda and Clara attempt
to leave the store and an alarm is activated. Linda begins sprinting down the street. Colin, a police officer, just
happens to be driving by with the window of his patrol car open. He hears the store alarm, sees Linda running,
and begins shooting at Linda from the car. Linda is shot in the leg and collapses. Linda is treated at the hospital for
her injury, and when she is released, Colin arrests her and transports her to the police station. He brings her to an
isolated room and leaves her there alone. Twelve hours later, he reenters the room and begins questioning Linda.
Linda immediately requests an attorney. Colin ignores this request and continues to question Linda about the
reason the department store alarm went off. Whether Colin properly arrested and interrogated Linda are criminal
procedure issues beyond the scope of this book. However, this example does illustrate one criminal law issue: did
Colin commit a crime when he shot Linda in the leg? You learn the answer to this question in Chapter 5 Criminal
Defenses, Part 1.
Figure 1.1 Criminal Law and Criminal Procedure
Key Takeaway
Criminal law generally defines the rights and obligations of individuals in society. Criminal
procedure generally concerns the enforcement of individuals rights during the criminal process.
Exercises
Answer the following questions. Check your answers using the answer key at the end of the chapter.
1. Paul, a law enforcement officer, arrests Barney for creating a disturbance at a subway station. While Barney
is handcuffed facedown on the ground, Paul shoots and kills him. Paul claims that he accidentally grabbed
his gun instead of his Taser. Is this an issue of criminal law or criminal procedure?
2. Read Payton v. New York, 445 U.S. 573 (1980). In Payton, the US Supreme Court held a New York statute
unconstitutional under the Fourth Amendment. Did the Payton ruling focus on criminal law or criminal
procedure? The case is available at this link: http://supreme.justia.com/us/445/573.
5 Criminal Law
1.3 The Difference between Civil and Criminal Law
Learning Objectives
1. Compare civil and criminal law.
2. Ascertain the primary differences between civil litigation and a criminal prosecution.
Law can be classified in a variety of ways. One of the most general classifications divides law into civil and
criminal. A basic definition of civil law is the body of law having to do with the private rights of individuals
(Yourdictionary.com, 2010). As this definition indicates, civil law is between individuals, not the government.
Criminal law involves regulations enacted and enforced by government action, while civil law provides a remedy
for individuals who need to enforce private rights against other individuals. Some examples of civil law are family
law, wills and trusts, and contract law. If individuals need to resolve a civil dispute, this is called civil litigation,
or a civil lawsuit. When the type of civil litigation involves an injury, the injury action is called a tort.
Characteristics of Civil Litigation
It is important to distinguish between civil litigation and criminal prosecution. Civil and criminal cases share the
same courts, but they have very different goals, purposes, and results. Sometimes, one set of facts gives way to a
civil lawsuit and a criminal prosecution. This does not violate double jeopardy and is actually quite common.
Parties in Civil Litigation
In civil litigation, an injured party sues to receive a court-ordered remedy, such as money, property, or some sort
of performance. Anyone who is injuredan individual, corporation, or other business entitycan sue civilly. In
a civil litigation matter, the injured party that is suing is called the plaintiff. A plaintiff must hire and pay for an
attorney or represent himself or herself. Hiring an attorney is one of the many costs of litigation and should be
carefully contemplated before jumping into a lawsuit.
The alleged wrongdoer and the person or entity being sued are called the defendant. While the term plaintiff is
always associated with civil litigation, the wrongdoer is called a defendant in both civil litigation and a criminal
prosecution, so this can be confusing. The defendant can be any person or thing that has caused harm, including
an individual, corporation, or other business entity. A defendant in a civil litigation matter must hire and pay for
an attorney even if that defendant did nothing wrong. The right to a free attorney does not apply in civil litigation,
so a defendant who cannot afford an attorney must represent himself or herself.
Goal of Civil Litigation
The goal of civil litigation is to compensate the plaintiff for any injuries and to put the plaintiff back in the position
that person held before the injury occurred. This goal produces interesting results. It occasionally creates liability
or an obligation to pay when there is no fault on behalf of the defendant. The goal is to make the plaintiff whole,
not to punish, so fault is not really an issue. If the defendant has the resources to pay, sometimes the law requires
the defendant to pay so that society does not bear the cost of the plaintiffs injury.
A defendant may be liable without fault in two situations. First, the law that the defendant violated may not
require fault. Usually, this is referred to as strict liability. Strict liability torts do not require fault because they do
not include an intent component. Strict liability and other intent issues are discussed in detail in Chapter 4 The
Elements of a Crime. Another situation where the defendant may be liable without fault is if the defendant did not
actually commit any act but is associated with the acting defendant through a special relationship. The policy of
holding a separate entity or individual liable for the defendants action is called vicarious liability. An example of
vicarious liability is employer-employee liability, also referred to as respondeat superior. If an employee injures
a plaintiff while on the job, the employer may be liable for the plaintiffs injuries, whether or not the employer is
at fault. Clearly, between the employer and the employee, the employer generally has the better ability to pay.
Example of Respondeat Superior
Chris begins the first day at his new job as a cashier at a local McDonalds restaurant. Chris attempts to multitask
and pour hot coffee while simultaneously handing out change. He loses his grip on the coffee pot and spills
steaming-hot coffee on his customer Geoffs hand. In this case, Geoff can sue McDonalds and Chris if he
sustains injuries. McDonalds is not technically at fault, but it may be liable for Geoffs injuries under a theory of
respondeat superior.
Harm Requirement
The goal of civil litigation is to compensate the plaintiff for injuries, so the plaintiff must be a bona fide victim
that can prove harm. If there is no evidence of harm, the plaintiff has no basis for the civil litigation matter. An
example would be when a defendant rear-ends a plaintiff in an automobile accident without causing damage to
the vehicle (property damage) or physical injury. Even if the defendant is at fault for the automobile accident, the
plaintiff cannot sue because the plaintiff does not need compensation for any injuries or losses.
Damages
Often the plaintiff sues the defendant for money rather than a different, performance-oriented remedy. In a civil
litigation matter, any money the court awards to the plaintiff is called damages. Several kinds of damages may be
appropriate. The plaintiff can sue for compensatory damages, which compensate for injuries, costs, which repay
7 Criminal Law
the lawsuit expenses, and in some cases, punitive damages. Punitive damages, also referred to as exemplary
damages, are not designed to compensate the plaintiff but instead focus on punishing the defendant for causing
the injury (BMW of North America, Inc., 1996).
Characteristics of a Criminal Prosecution
A criminal prosecution takes place after a defendant violates a federal or state criminal statute, or in some
jurisdictions, after a defendant commits a common-law crime. Statutes and common-law crimes are discussed in
Section 1.6 Sources of Law.
Parties in a Criminal Prosecution
The government institutes the criminal prosecution, rather than an individual plaintiff. If the defendant commits a
federal crime, the United States of America pursues the criminal prosecution. If the defendant commits a state
crime, the state government, often called the People of the State pursues the criminal prosecution. As in a civil
lawsuit, the alleged wrongdoer is called the defendant and can be an individual, corporation, or other business
entity.
The attorney who represents the government controls the criminal prosecution. In a federal criminal
prosecution, this is the United States Attorney (United States Department of Justice, 2010). In a state criminal
prosecution, this is generally a state prosecutor or a district attorney (Galaxy.com, 2010). A state prosecutor
works for the state but is typically an elected official who represents the county where the defendant allegedly
committed the crime.