CHAPTER

1. CHAPTER 4 • Criminal Law

2. A law is a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. A law is a rule made by the government that people must obey. SOCIAL CONTROL (used to maintain order) Laws channel human behavior while they simultaneously constrain it, and they empower individuals while contributing to public or social order. Law #1/#6

3. Law and Social Control #7 Social control is the use of sanctions and rewards as well as subtle or not so subtle means within a group to influence and shape the behavior of individual members of that group. Organizations that use social control are called institutions of social control. (from objective 1)

4. Laws maintain order in society. Laws regulate human interaction. Laws enforce moral beliefs. Laws define the economic environment. Laws enhance predictability. Laws support the powerful. Laws promote orderly social change. Laws sustain individual rights. Laws redress wrongs. Laws identify wrongdoers. Laws mandate punishment and retribution. What Do Laws Do? #1 a-k

5. Laws are found in statutory provisions and constitutional enactments, as well as hundreds of years of rulings by courts at all levels. Statutory law is the written or codified law: the “law on the books,” as enacted by a government body or agency having the power to make laws. (Codification is the process of writing laws down.) The written form of criminal law for a jurisdiction is called the penal code. Where are our laws? #5

6. Courts interpret the statutory laws. Case law—law that results from judicial decisions. Judicial precedent Built on legal reasoning and past interpretations of statutory law Guides decision making, especially in the courts. Common law—the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, which may be supported by judicial decisions. Interpreting Statutory Law #9/#10

7. The rule of law holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members; (we must have laws to prevent anarchy and chaos). US Constitution – supreme law of our land. The Rule of Law #2 A cornerstone of our Western way of life.

8. is… the philosophy of law. Also, the science and study of the law, including the rule of law. Jurisprudence #14

9. Types of Law • Criminal law • Civil law • Administrative law • Case law • Procedural law

10. Natural Law #11 • It is unwritten law based on human nature. It is the principle that as human beings or by nature, we should know certain acts are wrong.

11. NATURAL LAW • “Some people believe that the basis for many of our criminal laws can be found in immutable moral principles or some identifiable aspect of natural order”. Natural law is defined as rules of conduct inherent in human nature and the natural order which are thought to be knowable through intuition, inspiration, and the exercise of reason, without the need for reference to man-made laws.

12. Natural Law • Natural law supports the idea that certain actions are wrong in themselves. These behaviors are called “mala in se”. Examples are murder, rape, and incest. • Acts that fall outside the “natural category are called “mala prohibita”; these acts are wrong because they are prohibited – because the law says they are wrong. Examples are gambling, speeding and some drug use.

13. Criminal Law #3 Criminal law (also known as penal law) 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 • society as a whole. • Punishment for violators of criminal law is • justified by the fact that the offender intended • the harm and is responsible for it. • Examples include rape, murder, assault, motor vehicle theft, kidnapping, and robbery.

14. Written Criminal Law There are two types of written criminal law: • Substantive law—describes which acts constitute crimes and specifies punishments for those acts. • Example: Sexual assault – may include forcible rape, unwanted touching, and threats of a sexual nature. Substantive law explains the acts, and specifies the punishment for the acts. • Procedural law—specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system. (discussed later)

15. Civil Law #4/#12 Civil law governs relationships between parties and provides a formal way to regulate non-criminal relationships between people, businesses, other organizations, and agencies of government. • A violation of this law is often called a tort. • Civil law includes breaches of contract, contested • wills, trusts, etc. • The result is often only loss of money. • - Compensatory damages • - Punitive damages (in cases of gross • negligence)

16. Civil Law - Example • Marshall borrowed $5.00 from Lincoln to play the lottery. Marshall agreed to pay Lincoln back on Tuesday but did not. He told Lincoln that he would split his winnings with him when he won. Lincoln laughed and said alright. Unbelievably, Marshall won $10,000 but refused to split the money with Marshall; he said it was a joke and that he would pay him the $5.00. Lincoln sued him in court for $5,000; he argued that Marshall would not have had the money to play the lottery if he had not loaned it to him. He also said that it was Marshall’s idea to split the money. The judge ruled in Lincoln’s favor.

17. Administrative Law #8 • Administrative law is the body of regulations that governments have created to control the activities of businesses, industry, and individuals. • This type of law is not usually directed at • criminal violations, though at times criminal and • administrative law do overlap. • Regulatory boards are given authority to make • rules and to set standards. • Administrative agencies will sometimes arrange • settlements that are binding on those who • violated an administrative law.

18. Administrative Law - Examples • The Cumberland County Tax Office sent Lola a bill for taxes on her dog. The tax bill was $20.00. Lola fussed but paid the bill by the due date. Johnny was not allowed to renew his license plate tags because he did not get his car inspected. The “Hot Cakes” Restaurant was shut down by the Health Dept. because inspectors found mice droppings, food with mold growing on it and employees working around food with no hat or hair net.

19. Case Law #9 Case law comes from judicial decisions. It is referred to as the law of precedent. Under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations. • Requires that courts in subsequent cases on • similar issues of law and fact be bound by their • own earlier decisions and by those of higher • courts within their jurisdiction. • Creates predictability in the law.

20. Case Law - Example • Miranda v. Arizona • Miranda was arrested for rape and interrogated by police without an attorney even though he asked for one. He confessed to the crime and was found guilty. He later appealed the case and the US Supreme Court ruled that the Miranda must be administered prior to questioning. This rule is now law.

21. Procedural Law #13 • Procedural law is the body of law that governs the way laws are administered; these laws provide rules for the police and other officials within the CJ system. • Procedural laws protect due process rights.

22. Procedural Law Procedural law is a type of statutory law that regulates the processing of an offender by the criminal justice system. It includes: • General rules of evidence • Search and seizure • Procedures following an arrest Procedural laws “police the police” and protect the rights of suspects while establishing a clear-cut series of formal proceeding through which substantive criminal law can be enforced.

23. Additional Notes on Origin (development) of Laws Our study of the development of laws include these sources: HISTORICAL SOURCES OF LAW • Natural law • Code of Hammurabi • Early Roman Law • Common Law • Old and New Testaments of Bible • Magna Carta – ensured basic liberties and is comparable to our Bill of Rights • Need to know this information** copy

24. More Notes…Development of Laws • MODERN SOURCES OF LAW • Declaration of Independence • U.S. Constitution • Statutes • Case law • An important person in the history of law is Roscoe Pound. He was a legal scholar who developed several proposals about law. He believed that these propositions formed the basis for all law because they reflect a shared need. Basically, law meets the needs of society or the majority of the members of society.