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. Laws channel human behavior while they simultaneously constrain it, and they empower individuals while contributing to public order. Law

3. 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?

4. 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. The written form of criminal law is called the penal code. Where are our laws?

5. 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

6. 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. The Rule of Law A cornerstone of our Western way of life.

7. The philosophy of the law. Also, the science and study of the law, including the rule of law. Jurisprudence

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

9. Criminal Law • 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.

10. Written Criminal Law • There are two types of written criminal law: • Substantive law—describes which acts constitute crimes and specifies punishments for those acts. • Procedural law—specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system.

11. Civil Law • 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)

12. Administrative Law Administrative law is the body of regulations that governments create 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.

13. Case Law • 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.

14. 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 protect the rights of suspects while establishing a clear-cut series of formal proceeding through which substantive criminal law can be enforced.

15. General Categories of Crimes There are many different types of crimes, which vary in severity. Five categories of law violations are: • Felonies • Misdemeanors • Offenses • Treason and espionage • Inchoate offenses

16. Felonies Felonies are serious crimes that are punishable by a year or more in prison or by death. Often, convicted felons lose certain privileges, such as being able to practice medicine or carry a gun.

17. Misdemeanor Misdemeanors are less serious crimes that are punishable by up to a year in a local correctional facility. • Most misdemeanants receive a fine and probation.

18. Offenses Offenses are violations of the criminal law. • Though technically all crimes are offenses, the term can also be used specifically to refer to minor violations of the law that are less serious than misdemeanors. • Another word for such minor law violations is infraction.

19. Treason and Espionage • Treason and espionage are among the most serious felonies. • Treason refers to a U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States. • Espionage is similar, but can be committed by non-citizens as well. It refers to gathering, transmitting, or losing information relating to national defense in such a manner that the information becomes available to enemies of the U.S. and may be used to their advantage.

20. Inchoate Offenses • Inchoate offenses are offenses not yet completed. • Consists of an action or conduct that is a step toward the intended commission of another offense. • Examples: conspiracies and attempts.

21. General Features of Crime The essence of crime consists of three elements: • Actus reus (the criminal act) • Mens rea (a culpable mental state) • Concurrence of the two

22. The Criminal Act (Actus Reus) 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. • In some instances, speech can constitute a crime even though there is no specific physical action (i.e. yelling “fire” in a crowded theater when there is no fire).

23. A Guilty Mind (Mens Rea) • Mens rea refers to a person’s mental state • at the time the act was committed. • There are four levels of mens rea: • Purposeful • Knowing • Reckless • Negligent • Mens rea is not the same as motive.

24. Strict Liability and Mens Rea Strict liability offenses are a special category of crime that require no culpable mental state. The purpose of these absolute liability offenses is to protect the public. Examples include: • Traffic laws • Narcotics laws • Health and safety regulations

25. Concurrence Concurrence requires that the guilty mind and guilty act occur together for a crime to take place.

26. Other Features of a Crime To fully appreciate contemporary understanding of crime, some scholars recognize five additional principles of crime: 1. Causation 2. Resulting harm 3. Legality principle (includes the notion that ex post factolaws are not allowed) 4. Punishment principle 5.Necessary attendant circumstances

27. Elements of a specific crime are the essential features of a given crime, as specified by law or statute. For example, the elements of first-degree murder might be: 1) an unlawful killing, 2) of a human being, 3) intentionally, 4) by another person, and 5) with malice. To convict someone of a particular crime, each element must be proven beyond a reasonable doubt. Elements of a Specific Crime

28. The Corpus Delicti of a Crime • Corpus delictiliterally means the “body • of crime.” • A person cannot be tried for a crime • unless it can first be proven that: • A criminal law has been violated, and • A person is criminally responsible.

29. Types of Defenses to a Criminal Charge • Those who are charged with a crime typically • offer some defense attempting to show why • they should no be liable for a criminal charge. • There are four broad categories of defenses: • Alibi • Justifications • Excuses • Procedural defenses

30. Alibi An alibi is a statement or contention by the defendant stating that he or she could not have committed the crime in question because he or she was somewhere else at the time of the crime.

31. Justification With justification defenses, defendants admit committing the offense, but believes that they should not be held criminally responsible because of a legally sufficient justification for their actions (lesser of two evils). Examples:

32. Self-defense makes the claim that it was necessary to inflict pain on another to ensure one’s own safety in the face of near-certain injury or death. Retreat rule—If the opportunity to escape exists, then the courts require that the victim take that opportunity and flee. If the opportunity to flee does not exist, then the victim can use reasonable forceto defend herself. Self-Defense

33. You may use reasonable force to defend others who are or who appear to be in imminent danger. Sometimes called the alter ego rule. Defense of others does NOTinclude entering an illegal fight to help a family member or friend. Defense of Others

34. Most jurisdictions allow for the use of reasonable, non-deadly force in defense of one’s property. If that property is one’s home, the castle exception to the retreat rule applies. It is not necessary to retreat from one’s own home before resorting to deadly force in the face of an immediate threat. A “home” is one’s dwelling, whether owned, rented, or borrowed. Defense of Home and Property

35. One can sometimes violate the law when the purpose of the action is to prevent even greater harm. Courts have a difficult time with this defense, especially when it results in a person’s death. Necessity

36. If harm comes to an individual after she agreed to participate in the activity, then the question that is raised is this: Was a crime committed if the victim gave her consent? Example: victim dies during “rough sex.” Consent

37. A person has the right to resist arrest if the arrest is unlawful. Resisting Unlawful Arrest

38. Excuses With excuse defenses, defendants admit committing the offense, but believe that they should not be held criminally responsible because of some personal condition or circumstance at the time of the act. Examples:

39. Duress is an unlawful threat or coercion that induces a person to act in a way they normally would not act. Often not a useful defense when serious physical harm ensues. Duress

40. Age is an excuse defense commonly called “infancy.” It is rooted in the belief that children cannot logically reason until around age seven. Therefore, only older children may be held responsible for crimes. Age

41. Two types of mistakes serve as defenses: 1. Mistake of law - Rarely acceptable 2. Mistake of fact - Understanding of facts is incorrect Mistake

42. Sometimes, people are tricked into consuming intoxicating substances. Drugs or alcohol (though being “tricked” into consuming alcohol may be difficult to prove) Involuntary Intoxication

43. A person cannot be held responsible for anything he or she does while unconscious. Examples: Sleepwalking Epileptic seizures Neurological dysfunction Unconsciousness

44. Provocation recognizes that a person can be emotionally enraged by another who may intend to elicit just such a reaction. It is more acceptable in minor offenses. Sometimes used in cases where a wife kills her husband or a child kills her father after claiming years of abuse. Provocation

45. M’Naghten rule Irresistible impulse Durham rule Substantial capacity test Brawner rule Guilty, but mentally ill Temporary insanity Diminished capacity Insanity Insanity is a legal definition, not a psychiatric one. Several different interpretations of insanity exist, for example:

46. Standards for Insanity Determinations by Jurisdiction Source: Bureau of Justice Statistics, State Court Organization 1998.

47. M'Naghten Rule According to the M'Naghten Rule a person is not guilty of a crime if, at the time of the event, they either did not know what they were doing, or did not know that what they were doing was wrong.

48. Irresistible Impulse … defendant knows what he is doing and knows that it is wrong, but cannot help himself.

49. … a person is not criminally responsible for their behavior if their illegal action was the result of some mental disease or defect. Durham Rule

50. The Brawner Rule places responsibility for deciding insanity squarely on the shoulders of the jury. The jury decides if a defendant can be justly held responsible for a criminal act. Brawner Rule