are acting “within the scope of their employment” at the time of the injuryoIn above example, Matt is judgement proof because he cannot afford to pay damages and isn’t worth suing oJoint and several liability oThe joint portion of this liability means that each defendant may be help responsible for the entire loss caused to the plaintiffCriminal Law (Chap. 7)Brought on by government Can be tried for civil and criminal cases for same actionCrime vs Tort oCrime = must prove guilt beyond reasonable doubtoTort = must prove elements of recoveryCategories of CrimesoFelonies = punishment is over a year in jailoMisdemeanors = really don’t hurt anyone, but still illegal. Less than a year in jail25
oPetty offenses = most traffic tickets. Cant go to jailoMoral turpitude = crimes that are evil, murder/rape Purpose of PunishmentoRehabilitation = make them a better citizen, correct bad behavior through education. Works best if done properlyoRestraint = putting people in jail to prevent more crimes. Take them out of society, eliminate opportunity to commit crimesoRetribution = paying back society for wrongdoing Community service, “an eye for an eye”oDeterrence = punishment harsh enough to make them not want to do it again. Least effective.Most people don’t know the consequences when they first commit a crimeRight before execution crime spikesConstitutional Protections o4thamendment = protects against ‘unreasonable searches and siezures’ withoutprobable cause or a search warranto5thamendment = gives right of grand jury, not two trials for same offense, no person can be deprived of life, liberty, or property without due process of lawMiranda rights, Protection of self-incriminationo6thamendment = right of attorney, right to know chargeso8thamendment = no excessive bail, no cruel or unusual punishment Ban on ex post facto laws = laws passed to criminalize conduct after the conduct occurredElements of a crime oThe D violated an exsisting criminal statute oIt can be proved beyond reasonable doubt (Guilty Act)oThe D broke the law intentionally (Guilty Mind)Prove that the defendant had the requisite intent to violate the law Specific Intent = absolutely meant to break lawGeneral Intent = made a decision that led to breaking a lawFederal sentencing guidelines oA chart that shows how long you can be sentenced for what you did and what elements were proven. Judges don’t have to use it oPowdered Cocaine x1 vs Crack Cocaine x18 in the sight of lawProbable Cause 26
oNeed this to search car, home, or person and needs to be reasonableCriminal DefensesoNo Intent = infancy, insanity, intoxication, mistakeoSelf-Defense = proportional to fearoEntrapment = of police persuade D to commit a crime that he would not have otherwise committedoImmunity = “Turns state evidence”Infancy oYou’re a minoroDegrees of InfancyUnder 7 – can’t really be charged with any criminal intent 7-14 – little more lenient, Court will assume no criminal intent but can
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