criminal law and criminal procedure. criminal law does criminal law apply equally to all ? should it...

Criminal LawCriminal LawAndAnd

Criminal ProcedureCriminal Procedure

Criminal LawCriminal Law

Does criminal law apply equally to all ?

Should it apply equally to all?

Should discretion play any role?

How do we determine procedures?


Criminal Law– Defines crimes– Dictates Punishments– Controls Procedures to Process Criminal

Offenders through the CJ System


Constitutional Criminal Procedure– Law that governs the judicial process

Rules of Criminal Procedure– Established in the US Constitution– Interpreted by the US Supreme Court


Substantive Criminal Law

Procedural Law


Are laws the same everywhere?

Everywhere in North America?

Everywhere in the US?

Everywhere in Virginia?


Individual Criminal Codes– Each State– The Federal Government


How and why do criminal laws vary?


Do criminal laws change?

Should they?


Historical Development of Criminal Law– Babylonian Code of Hammurabi (2000 B.C.)– Mosaic Code of the Israelites (1200 B.C.)– Twelve Roman Tablets– Justinian’s Corpus Juris (500 A.D.)– Napoleon I’s French Civil Code

Prior to 1000 A.D. crimes were personal wrongs. Compensation was paid to the victim.


US Law Based on English Common Law– About 1200 A.D. Royal Judges

Circuit judges replaced local laws with national law Serious offenses (murder, rape, arson, burglary)

redefined from personal wrongs to offenses against the state


US Law Based on English Common Law

– Case Law: Judicial decisions made by judges


What is Criminal Law? What is Civil Law?


Criminal Law Objective


Criminal Law Emphasis


Sources of Criminal Law– Case Law– Statutes– Administrative Rules

Constitutional LawConstitutional Law

The U.S. Constitution prohibits any criminal law that violates a person’s fair and equal treatment.

This is Substantive Due Process.

Constitutional LawConstitutional Law

Substantive Due Process in practice means– Before a law can be created, the state must

show there is a compelling need to protect public safety or morals.

Criminal Law DefinitionsCriminal Law Definitions

Felony

Misdemeanor


Civil Disabilities

– Also, a felony conviction may bar a person from some employments


Delinquent Offenses

Status Offenses


What constitutes a crime?– Corpus Delicti:

Actus Reus:– Thought alone is not a crime

– Conspiring and soliciting is a crime even if not carried out

Mens Rea: Relationship of Mens Rea to Actus Reus:


Exception to State of Mind Requirement For an Offense to Be a Crime

Speeding Serving liquor to a minor

Criminal ResponsibilityCriminal Responsibility

Mental state might excuse some acts that would otherwise be considered criminal.– Insanity (legal concept, not mental health term)

Incapable of forming criminal intent (Mens Rea)

– Intoxication Involuntary intoxicated by mistake or duress

– Age Unable to realize gravity of actions


Ignorance of the Law


Alcoholism: – Disease to treat or offense to punish?

Criminal Offenses or Social Problems?– Vagrancy– Gambling– Minor Sexual Violations– Drug Use

Constitutional Criminal Constitutional Criminal ProcedureProcedure

The Bill of Rights—10 Amendments, 1791– Purpose:

Initially applied only to federal government Did not apply to state or local government

The Bill Of RightsThe Bill Of Rights

Primary Concern for Criminal Procedures– Fourth Amendment– Fifth Amendment– Sixth Amendment– Eighth Amendment– Fourteenth Amendment


Fourth Amendment– Right To Privacy– Search and Seizure– Racial Profiling– “The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall ensue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”


Fifth Amendment– Protection Against Self-Incrimination– Protection Against Double Jeopardy– “No person shall be held to answer for a capital, or otherwise

infamous crime, unless on presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice out in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

The Bill Of RightsThe Bill Of Rights Sixth Amendment

– Representation By Attorney– Speedy Trial—Jury– Hear Evidence– Confront Adverse Witnesses– Present Own Witnesses– “In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.”

The Bill Of RightsThe Bill Of RightsEighth Amendment

– Cruel and Unusual Punishments– Excessive Bail– Excessive Fines– “Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted.”

The Bill Of RightsThe Bill Of Rights Fourteenth Amendment

– Due Process Rights– Equal Protection Under The Law– Applies Bill of Right Protection to the States– “All persons born or naturalized in the United States, and subject

to the jurisdictions thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the law.”


What is Due Process?


Incorporation Theory– View that all provisions of the Bill of Rights

are incorporated into the Fourteenth Amendment’s due process clause and are therefore binding on the states.

The Future Of Criminal LawThe Future Of Criminal Law

The Supreme Court– Continues to hand down conservative opinions

favoring state law enforcement over criminal defendants.

– Some recent decisions indicate Supreme Court shift toward a moderate course of decisions.

Systems TheorySystems Theory

External Influences Affect The CJ system. Technology

Politics Fiscal Restraints

Legal Changes Public Sentiment

End Quiz #2 MaterialEnd Quiz #2 Material

BreakBreak

Read assignments.Participate in class discussions.Review notes weekly.

criminal law and criminal procedure. criminal law does criminal law apply equally to all ? should it...

Documents