1

Criminal LawCriminal LawChapter 3Chapter 3

2

The Nature and Purpose The Nature and Purpose of Lawof Law

LawLaw refers to: refers to:

Statutory lawStatutory law is often the result of is often the result of moral enterprise by interest groups moral enterprise by interest groups that, through the exercise of political that, through the exercise of political power, are successful in seeing their power, are successful in seeing their ____________________________________ enacted into law. enacted into law.

A _______________, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. Laws channel human behavior & contribute to public order.

3

The Nature and Purpose The Nature and Purpose of Lawof Law

What Do Laws Do?What Do Laws Do? __________________________________________ Promote orderly social Promote orderly social

changechange Regulate human Regulate human interactioninteraction

Sustain individual rightsSustain individual rights

Enforce moral beliefs Enforce moral beliefs Redress wrongsRedress wrongs Support the powerfulSupport the powerful ____________________________________ Define the economicDefine the economic

environmentenvironment

Mandate punishment andMandate punishment and

retributionretribution Enhance predictabilityEnhance predictability

4

The Nature and Purpose The Nature and Purpose of Lawof Law

________________________ refers to: refers to:

________________________ refers to: refers to:

Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws.

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.

5

Courts interpret the statutory laws. Courts interpret the statutory laws.

Case lawCase law — law that results from judicial decisions. — law that results from judicial decisions. Judicial precedentJudicial precedent Built on legal reasoning and pastBuilt on legal reasoning and past interpretations of statutory law interpretations of statutory law Guides decision making, especially in the Guides decision making, especially in the courtscourts

__________________________ — — the traditional body of unwrittenthe traditional body of unwritten historical precedents created from everyday social customs, historical precedents created from everyday social customs,

rules, and practices, which may be supported by judicial rules, and practices, which may be supported by judicial decisions. decisions.

Interpreting Statutory LawInterpreting Statutory Law

6

The Rule of LawThe Rule of Law

________________________ holds that an orderly society holds that an orderly societymust be governed by established principlesmust be governed by established principles& known codes applied uniformly & fairly& known codes applied uniformly & fairlyto all of its members.to all of its members.

The rule of law has been called the The rule of law has been called the greatest political achievement of greatest political achievement of our culture!our culture!

Maxim that an orderly society must be governed by _________________ and known codes that are applied uniformly and fairly to all of its members.

7

The Rule of LawThe Rule of Law

Elements of the rule of lawElements of the rule of law

Freedom from private lawlessness Freedom from private lawlessness provided by the legal system of a provided by the legal system of a politically organized society.politically organized society.

A relatively A relatively ______________________________________________ in in the formulation of legal norms and the formulation of legal norms and a like degree of evenhandedness in a like degree of evenhandedness in their applicationtheir application

8

The Rule of LawThe Rule of Law

Elements of the rule of lawElements of the rule of law

Legal ideas and juristic devices for the Legal ideas and juristic devices for the attainment of individual and group attainment of individual and group objectives within the bounds of ordered objectives within the bounds of ordered libertyliberty

Substantive and procedural limitations Substantive and procedural limitations on on ________________________________ in the interest of the in the interest of the individual for the enforcement of which individual for the enforcement of which there are appropriate legal institutions there are appropriate legal institutions and machineryand machinery

9

The Rule of LawThe Rule of Law

““Americans are free to disagree with Americans are free to disagree with the law, but the law, but ________________________________…”…”

- President John F. - President John F. KennedyKennedy

JurisprudenceJurisprudence refers to: refers to:The philosophy of the law or science and the study of the law.

10

Criminal LawCriminal Law

Criminal law (also known as ________) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order.

Crimes injure not just individuals, but _________________ Punishment for violators of criminal law is justified by the fact that the offender intended the harm and is responsible for it.

11

WRITTEN CRIMINAL LAWWRITTEN CRIMINAL LAW

There are two types of written criminal law:

1. Substantive law — describes which acts constitute crimes and specifies punishments for those acts.

2. Procedural law — specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system. There are There are numerous numerous _________ _________ among among jurisdictions.jurisdictions.

12

Civil LawCivil Law

Civil lawCivil law refers to: refers to:

Civil law contains rules for Civil law contains rules for ______________________and social obligations.and social obligations.

____________ refers to: refers to:

The branch of modern law that _________________ between parties.

A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.

13

Administrative LawAdministrative Law

Administrative lawAdministrative law refers to: refers to:

Includes laws such as:Includes laws such as:

The body of regulations that governments have created to control the activities of industry, business, and individuals.

____________________ Vehicle registration Vehicle registration laws laws

Health codesHealth codes ____________________ Environmental Environmental restrictionsrestrictions

ImmigrationImmigration

14

Case LawCase Law ______________________ refers to:refers to:

______________________ refers to: refers to:

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.

A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them.

Creates predictability in the law

15

Procedural LawProcedural Law Procedural lawProcedural law refers to: refers to:

It includes general rules of evidence, It includes general rules of evidence, search and seizure, procedures to be search and seizure, procedures to be followed in an arrest, and other followed in an arrest, and other specified processes.specified processes.

Procedural laws balance _______________ against the state’s interested in speedy and efficient case processing.

The part of the law that specifies the methods to be used in _________________

16

General Categories of General Categories of CrimeCrime

FeloniesFelonies ____________________ MisdemeanorsMisdemeanors ____________________ ____________________ Treason and espionageTreason and espionage Inchoate offensesInchoate offenses

17

FeloniesFelonies FelonyFelony refers to:refers to:

There is a move to a scheme of There is a move to a scheme of classifying the seriousness of classifying the seriousness of felonies.felonies.

Crime classified as a felony in one Crime classified as a felony in one part of the country may be part of the country may be a a ____________________________ in another. in another.

A serious criminal offense punishable by _______ or by incarceration in a prison facility for at least one year.

18

MisdemeanorsMisdemeanors

MisdemeanorsMisdemeanors refer to:refer to:

Most receive suspended sentences Most receive suspended sentences involving a fine and supervised probation.involving a fine and supervised probation.

Normally, an officer cannot arrest for a Normally, an officer cannot arrest for a misdemeanor unless it was committed in misdemeanor unless it was committed in the the _________________._________________.

An offense punishable by incarceration, usually in a ___________________, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less.

19

INFRACTIONSINFRACTIONS

OffenseOffense refers to: refers to:

Often used to refer to minor Often used to refer to minor violations.violations.

InfractionInfraction refers to: refers to:

A violation of the criminal law.

A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually _____ term of incarceration.

20

Treason & EspionageTreason & Espionage

________________ refers to: refers to:

__________________ refers to: refers to:

“A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States.”

The “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage. Can be committed by non-citizen.

21

Inchoate OffensesInchoate Offenses

Inchoate offenseInchoate offense refers to: refers to:

ConspiracyConspiracy ________________

An offense _______________. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

22

General Features of CrimeGeneral Features of Crime

The essence of crime consists ofthree elements:

1. Actus reus (the criminal act)2. Mens rea (a culpable mental state)3. _______________________

23

The Criminal ActThe Criminal Act

Actus reus — the guilty act There has to be an act. Thoughts alone are not sufficient to constitute a crime. To be something (like a drug addict) is not enough. Actus reus can include:

Threats Omission to act Attempted criminal acts _________________

24

A Guilty Mind (A Guilty Mind (Mens ReaMens Rea))

Mens rea refers to a person’s mental stateat the time the act was committed.

There are four levels of mens rea:1. Purposeful2. Knowing3. Reckless4. Negligent

Mens rea is ____ the same as motive.

25

A Guilty Mind (A Guilty Mind (Mens Mens ReaRea))

Reckless behaviorReckless behavior refers to: refers to:

________________________________ refers to: refers to:

MotiveMotive refers to: refers to:

Activity that increases the risk of harm.

Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

A _____________ for committing a crime.

26

Strict Liability and Strict Liability and Mens Mens ReaRea

Strict liabilityStrict liability refers to: refers to:

Based on the presumption that Based on the presumption that causing harm is in itself blameworthy. causing harm is in itself blameworthy. Absolute liability offencesAbsolute liability offences.. Routine traffic offensesRoutine traffic offenses Narcotic lawsNarcotic laws ____________________________

Liability without fault or intention. Strict liability offenses do ____________ mens rea.

27

ConcurrenceConcurrence

ConcurrenceConcurrence refers to:refers to:

The _____________ of (1) an act in violation of the law and (2) a culpable mental state. Requires the guilty mind and guilty act occur together for a crime to take place.

28

Other Features of CrimeOther Features of Crime

Some scholars argue that additional Some scholars argue that additional

principles must be present:principles must be present: CausationCausation ________________________________ Principle of legality (Principle of legality (________________________________)) ________________________________ Necessary attendant circumstancesNecessary attendant circumstances

29

Elements of a Specific Elements of a Specific Criminal OffenseCriminal Offense

ElementElement (of a crime) refers to:(of a crime) refers to:

Example: MurderExample: Murder An unlawful killingAn unlawful killing Of a human beingOf a human being IntentionallyIntentionally With planning (or “With planning (or “______________________________________”)”)

In a specific crime, one of the essential features of that crime, as _____________________.

30

The The Corpus DelictiCorpus Delicti of a of a CrimeCrime

Corpus delictiCorpus delicti refers to: refers to:

A person cannot be tried for a crime A person cannot be tried for a crime unless it can first be shown that the unless it can first be shown that the ______________________________.. That a certain result has been produced.That a certain result has been produced.

That a person is criminally responsible for That a person is criminally responsible for its production.its production.

The facts that show that a crime has occurred. “The body of the crime”.

31

Multiculturalism and Multiculturalism and DiversityDiversity

______________________ refers to: refers to:

__________________________ to acts of terrorism or to acts of terrorism or jihadjihad

HududHudud crimes: offense against Allahcrimes: offense against Allah

TazirTazir crime: offense against societycrime: offense against society

A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran (Qur’an)

32

Types of DefensesTypes of Defenses

DefenseDefense (to a criminal charge) (to a criminal charge) refers to:refers to:

Categories of defense:Categories of defense:

Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.

– ________________ – ExcusesExcuses

– JustificationJustification – ______________________________

33

AlibiAlibi

AlibiAlibi refers to:refers to:A statement or contention by an individual charged with a crime that he or she ________ _________ when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.

34

JustificationsJustifications

JustificationJustification refers to:refers to:

Categories of justifications:Categories of justifications:

Legal defense in which the defendant admits to committing the offense but claims it was necessary in order to avoid some greater evil.

– __________________________ – NecessityNecessity– Defense of othersDefense of others – ____________________– Defense of home & Defense of home & propertyproperty

– Resisting unlawful Resisting unlawful arrestarrest

35

• Self-defenseSelf-defense - - claim it was necessary to inflict claim it was necessary to inflict pain on another to ensure one’s own safety in pain on another to ensure one’s own safety in the face of near-certain injury or death.the face of near-certain injury or death.

• ________________________ — — If the opportunity to If the opportunity to escape exists, the courts require the victim escape exists, the courts require the victim take take that opportunity and fleethat opportunity and flee. If the opportunity to . If the opportunity to flee flee does not existdoes not exist, then the victim can use , then the victim can use reasonable forcereasonable force to defend themselves.to defend themselves.

• ______________ – ______________ – can use reasonable force to can use reasonable force to defend others (defend others (alter ego rulealter ego rule))

• Defense of Home/PropertyDefense of Home/Property – – non-deadly forcenon-deadly force

Self-DefenseSelf-Defense

36

OTHER JUSTIFICATIONSOTHER JUSTIFICATIONS

Necessity – Necessity – prevent greater harmprevent greater harm

_________ – _________ – victim consented to the victim consented to the crimecrime

Resisting Unlawful Arrest – Resisting Unlawful Arrest – right to right to resist arrest if believe it is unlawfulresist arrest if believe it is unlawful

37

ExcusesExcuses

ExcuseExcuse refers to: refers to:

Categories of excusesCategories of excuses::

A legal defense in which the defendant claims that some _______________ or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

– DuressDuress – ______________________________– AgeAge – InsanityInsanity– MistakeMistake – Diminished capacityDiminished capacity– ________________________________ – Mental incompetenceMental incompetence– UnconsciousnessUnconsciousness

38

Standards for Insanity Standards for Insanity Determinations by Determinations by

JurisdictionJurisdiction

39

Insanity 95Insanity 95

InsanityInsanity is: is:

M’Naghten ruleM’Naghten rule

A rule for determining insanity, A rule for determining insanity, which asks whether the defendant which asks whether the defendant knew what he or she was doing or knew what he or she was doing or whether the defendant knew that whether the defendant knew that what he or she was what he or she was ________________.________________.

A legal defense based on claims of mental illness or _______________.

40

InsanityInsanity

Irresistible impulseIrresistible impulse The defendant knew what he or she was The defendant knew what he or she was

doing and that it was wrong, but could doing and that it was wrong, but could ____________________________

Durham ruleDurham rule A person is not criminally responsible for A person is not criminally responsible for

his or her behavior if the person’s illegal his or her behavior if the person’s illegal actions were the result of some actions were the result of some __________________________________

41

Insanity Insanity

Substantial capacity testSubstantial capacity test Found in the Model Penal Code, it Found in the Model Penal Code, it

suggests that insanity should be defined suggests that insanity should be defined as the lack of a substantial capacity to as the lack of a substantial capacity to ________________________________________

Brawner ruleBrawner rule Places responsibility for deciding Places responsibility for deciding

insanity squarely with the insanity squarely with the ______________

42

InsanityInsanity Guilty but mentally ill (GBMI)Guilty but mentally ill (GBMI)

Every statutory element necessary for a Every statutory element necessary for a conviction has been proved beyond a conviction has been proved beyond a reasonable doubt.reasonable doubt.

The defendant is found to have been The defendant is found to have been ________________ at the time the crime was at the time the crime was committed.committed.

The defendant was not found to have been The defendant was not found to have been ______ _______________ _________ at the time the crime was at the time the crime was committed.committed.

43

InsanityInsanity Other insanity defenses include:Other insanity defenses include:

__________________________________ Insanity defense under Federal lawInsanity defense under Federal law Diminished CapacityDiminished Capacity Mental IncompetenceMental Incompetence

Consequences of an insanity rulingConsequences of an insanity ruling Psychiatric treatment until curedPsychiatric treatment until cured ______________________ declare any potential criminal declare any potential criminal

curedcured Insanity under Federal LawInsanity under Federal Law – Insanity – Insanity

Defense Reform Act 1984Defense Reform Act 1984

44

Procedural DefensesProcedural Defenses

Procedural defenseProcedural defense refers to: refers to:

Categories of procedural defenseCategories of procedural defense::

A defense that claims that the defendant was in some significant way ________________ in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

– ____________________________–Collateral estoppelCollateral estoppel

– Double JeopardyDouble Jeopardy–Denial of a speedy Denial of a speedy trialtrial

– Selective Selective prosecutionprosecution

– Police fraudPolice fraud