Chapter 1Chapter 1

Fundamentals of Criminal Law Fundamentals of Criminal Law and Procedureand Procedure

IntroductionIntroduction

Constitutional supremacyConstitutional supremacy –– constitution is the constitution is the supreme law of the land and that all actions and policies supreme law of the land and that all actions and policies of government must be consistent with it.of government must be consistent with it.

FederalismFederalism

FederalismFederalism – – constitutional distribution of constitutional distribution of government power and responsibility government power and responsibility between the national government and the between the national government and the states.states.

Separation of powersSeparation of powers

Separation of powersSeparation of powers – constitutional – constitutional assignment of legislative, executive, and assignment of legislative, executive, and judicial powers to different branches of judicial powers to different branches of government.government.

What is Crime?What is Crime?

A crime is defined as a wrong against A crime is defined as a wrong against societysociety

A strictly defined behavior which is A strictly defined behavior which is prohibited by law.prohibited by law.

Elements to a CrimeElements to a Crime

All crimes involve two components:All crimes involve two components: Actus reusActus reus – – wrongful actwrongful act Mens reaMens rea – – wrongful act accompanied by wrongful act accompanied by

criminal intent.criminal intent.

CrimeCrime

If it is defined as a crime (strictly prohibited If it is defined as a crime (strictly prohibited behavior) does that make the prohibited behavior) does that make the prohibited conduct wrong?conduct wrong?

Felonies and MisdemeanorsFelonies and Misdemeanors

FelonyFelony – – serious crimes. Can be imprisoned serious crimes. Can be imprisoned for more than 1 year. (ex: murder, rape, for more than 1 year. (ex: murder, rape, kidnapping, robbery, grand larceny, arson).kidnapping, robbery, grand larceny, arson).

MisdemeanorsMisdemeanors – – less serious offenses. Jail less serious offenses. Jail terms of less than 1 year. (ex: petit theft, public terms of less than 1 year. (ex: petit theft, public drunkenness, disorderly conduct, prostitution, drunkenness, disorderly conduct, prostitution, gambling, simple assault and battery).gambling, simple assault and battery).

Crime: An Injury against SocietyCrime: An Injury against Society

Our legal system regards crimes no Our legal system regards crimes no merely as wrongs against particular merely as wrongs against particular victims but as offenses against the entire victims but as offenses against the entire society.society.

The government, who is society’s legal The government, who is society’s legal representative, brings charges against representative, brings charges against persons accused of committing crimes.persons accused of committing crimes.

Criminal ResponsibilityCriminal Responsibility

Criminal law is predicated on the concept that Criminal law is predicated on the concept that individuals are responsible for their actions and individuals are responsible for their actions and must be accountable for them.must be accountable for them.Society also recognizes that certain individuals, Society also recognizes that certain individuals, such as children, lack the capacity to appreciate such as children, lack the capacity to appreciate the wrongfulness of their conduct. the wrongfulness of their conduct. Factors beyond individuals’ control may lead Factors beyond individuals’ control may lead them to commit criminal acts. them to commit criminal acts. There are situations in which acts that would There are situations in which acts that would otherwise be criminal might be justified (ex: self-otherwise be criminal might be justified (ex: self-defense).defense).

Civil and Criminal LawCivil and Criminal Law

Breach of ContractBreach of Contract – – When a party to a When a party to a contract violates the terms of the agreement.contract violates the terms of the agreement.

TortTort – – A wrongful act that does not violate any A wrongful act that does not violate any enforceable agreement but violates a legal right enforceable agreement but violates a legal right of the injured party (ex: wrongful death, wrongful of the injured party (ex: wrongful death, wrongful destruction of property, trespass, and destruction of property, trespass, and defamation of character).defamation of character).

Substantive and Procedural Substantive and Procedural Criminal LawCriminal Law

Substantive Criminal LawSubstantive Criminal Law – defines – defines criminal offenses, defenses, and specifies criminal offenses, defenses, and specifies criminal punishments.criminal punishments.

Procedural Criminal LawProcedural Criminal Law – regulates the – regulates the enforcement of the substantive law, enforcement of the substantive law, determination of guilt, and punishment of determination of guilt, and punishment of those found guilty of crimes.those found guilty of crimes.

Origins and Sources of theOrigins and Sources of theCriminal LawCriminal Law

Mala in seMala in se – – inherent wrongs (ex: murder, inherent wrongs (ex: murder, rape, robbery, & arson).rape, robbery, & arson).

Mala prohibitaMala prohibita – – these are offenses only these are offenses only because they are defined by law.because they are defined by law.

Development of the English Development of the English Common LawCommon Law

English common lawEnglish common law – – American criminal law American criminal law is derived from English common law. This dates is derived from English common law. This dates from the eleventh century.from the eleventh century.

Stare decisisStare decisis – – deciding cases based on deciding cases based on precedent.precedent.

State and Local AuthorityState and Local Authority

StatutesStatutes – – applicable law enacted by applicable law enacted by legislature. legislature.

They are the principal actors in defining They are the principal actors in defining crimes and punishments.crimes and punishments.

OrdinancesOrdinances – – enactment of a local governing enactment of a local governing

body (city council or commission).body (city council or commission).

Model Penal CodeModel Penal Code

Model Penal CodeModel Penal Code – – consists of general consists of general provisions concerning criminal liability, provisions concerning criminal liability, sentences, defenses, and definitions of specific sentences, defenses, and definitions of specific crimes. MPC is not law, it is designed as a crimes. MPC is not law, it is designed as a model code of criminal law for all states.model code of criminal law for all states.

Role of Courts in Developing Role of Courts in Developing Criminal LawCriminal Law

Decisional LawDecisional Law – – Law declared by appellate Law declared by appellate courts in their written decisions and opinions.courts in their written decisions and opinions.

Error Correction FunctionError Correction Function – – The task to The task to correct errors of a lower tribunal.correct errors of a lower tribunal.

Lawmaking FunctionLawmaking Function – This is not the – This is not the principal function of an appellate court, referred principal function of an appellate court, referred to as the law development function.to as the law development function.

Constitutional Limitations on the Constitutional Limitations on the Criminal Justice SystemCriminal Justice System

An expost facto law is a law which:An expost facto law is a law which: Retroactively makes a previously innocent act Retroactively makes a previously innocent act

illegalillegal Retroactively increase the punishment for a Retroactively increase the punishment for a

specific crimespecific crime Retroactively decreases the burden of proof Retroactively decreases the burden of proof

required for conviction of a crimerequired for conviction of a crime

Bill of RightsBill of Rights

Bill of RightsBill of Rights – – a written document of basic a written document of basic rights. The first ten amendments to the rights. The first ten amendments to the Constitution adopted by Congress in 1789 and Constitution adopted by Congress in 1789 and ratified by the states in 1791.ratified by the states in 1791.

Due ProcessDue Process

Due Process of LawDue Process of Law – – those procedural and those procedural and substantive safeguards necessary to ensure the substantive safeguards necessary to ensure the fundamental fairness of a legal proceeding.fundamental fairness of a legal proceeding.

Requires fair notice and fair hearingRequires fair notice and fair hearing

What else might be required?What else might be required?

Presumption of InnocencePresumption of Innocence

Reasonable doubtReasonable doubt – – defendant is presumed defendant is presumed innocent and that the prosecution must establish innocent and that the prosecution must establish the defendant’s guilt.the defendant’s guilt.

Presumption of innocencePresumption of innocence – – presumed is presumed is innocent until proven guilty.innocent until proven guilty.

The Goals of SentencingThe Goals of Sentencing

RetributionRetribution – – criminal must pay for wrongs criminal must pay for wrongs against society. Criminals given their “just against society. Criminals given their “just deserts”.deserts”.

DeterrenceDeterrence – – punishing criminal for their punishing criminal for their crimes can prevent others from committing the crimes can prevent others from committing the same offenses.same offenses.IncapacitationIncapacitation – prevent the criminal from – prevent the criminal from committing additional crimes.committing additional crimes.RehabilitationRehabilitation – changing the offender so they – changing the offender so they can function in civil society without resorting to can function in civil society without resorting to criminal behavior.criminal behavior.

Criminal PunishmentCriminal Punishment

Types of Criminal punishment:Types of Criminal punishment:

Death PenaltyDeath Penalty – reserved for most aggravated – reserved for most aggravated murders.murders.

IncarcerationIncarceration – for persons convicted of felonies. – for persons convicted of felonies. Imprisoned from one year to life. Imprisoned from one year to life.

Monetary finesMonetary fines – most common punishment for – most common punishment for misdemeanors.misdemeanors.

Criminal PunishmentCriminal Punishment

RestitutionRestitution – criminals paying sums of – criminals paying sums of money to their victims.money to their victims.

ProbationProbation – – usually for first time offenders. usually for first time offenders. Conditional release of a convicted criminal Conditional release of a convicted criminal in lieu of incarceration.in lieu of incarceration.

House arrestHouse arrest – – offender is allowed to leave offender is allowed to leave home only for employment and approved home only for employment and approved community service activities.community service activities.

Types of Criminal punishment Types of Criminal punishment continued:continued:

Community ServiceCommunity Service – – criminal performs specific criminal performs specific service to the community for a period of time.service to the community for a period of time.

Pretrial diversion programPretrial diversion program – – criminal completes a criminal completes a program of counseling or service.program of counseling or service.

Loss of Civil RightsLoss of Civil Rights – – losing the right to vote and losing the right to vote and to hold public office. They can keep theirto hold public office. They can keep their

fundamental constitutional rightsfundamental constitutional rights such as such as expressing their religious beliefs.expressing their religious beliefs.

Should Morality, in and of itself, Should Morality, in and of itself, be considered as a sufficient be considered as a sufficient basis for defining particular basis for defining particular

conduct as criminal?conduct as criminal?