Chapter 3 Criminal Law: Substance and Procedure

1. Chapter 3Criminal Law: Substance and Procedure

2. Learning Objectives • Know the similarities and differences between criminal law and civil law • Understand the concept of substantive criminal law and its history • Discuss the sources of criminal law • Be familiar with the elements of a crime • Define the term “strict liability” • Be able to discuss excuses and justification defenses for crimes

3. Learning Objectives • Be familiar with the most recent developments in criminal law reform • Describe the role of the Bill of Rights in shaping criminal procedure • List the elements of due process of law • Know about the role the Supreme Court plays in interpreting the Constitution and shaping procedural law

4. Rule of Law

5. Historical Development of Criminal Law • Babylonian Code of Hammurabi (2000 BCE) • Concept of proportionality • Lex Talionis • Latin for law as retaliation • An eye for an eye • Mosaic Code of the Israelites (1200 BCE) • The ‘Ten Commandments’ • Wergild (wer means worth) • Legal system featuring monetary compensation • Determines what a crime is worth

6. Common Law & the Principle of Stare Decisis • Stare Decisis • To stand by decided cases • The decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged • Mala in se • Acts that society considers inherently evil • Mala prohibitum • Crimes created by legislative bodies

7. Sources of the Criminal Law • American legal system is codified by state and federal legislatures • Constantly evolving • Criminal law must conform to the U.S. Constitution

8. Crimes & Classifications

9. Elements of a crime

10. Actus Reus • An illegal act • Failure to act when the law requires it • Act must be voluntary and deliberate • Negligent acts can result in criminal liability

11. Mens Rea • Guilty mind or intent • Intent is implied if the results of an act are certain to occur • Crimes may require different levels of intent

12. Mens Rea and Actus Reus • For an act to constitute a crime, the law requires that there must be a connection made between the guilty act and a person’s intent to do harm.

13. Strict Liability • Exceptions to mens rea are strict liability crimes - illegal acts that do not require a showing of intent • Example: illegal dumping of toxins

14. Criminal Defenses • When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused • Defenses presented: • An argument that the wrong person was arrested • An argument of excuse • An argument of justification

15. Excuse Defenses • Defendants claim that they should be excused from criminal responsibility because their actions were out of their own control: • Ignorance or Mistake • Insanity • Intoxication • Age

16. Insanity • Relies on a legal rather than medical definition • Insane persons lack the capacity to form legal intent, or mens rea • Cannot distinguish between right and wrong, or cannot control their conduct

17. Justification Defenses • Justifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion: • Consent • Self-Defense • Stand Your Ground • Entrapment • Duress • Necessity

18. Reforming the Criminal Law • In recent years, many states and the federal government have been examining their substantive criminal law: • In some instances, new laws have been created to conform to emerging social issues and to deal with threats to people and the environment

19. Creating New Crimes • Physician-Assisted Suicide • Stalking • Community Notification Laws • Controlling Technology • Protecting the Environmental • Legalizing Marijuana • Fighting Terrorism

20. Constitutional Criminal Procedure • Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials • The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments): • Fourth Amendment • Fifth Amendment • Sixth Amendment • Eighth Amendment • Fourteenth Amendment

21. Due Process of Law • The concept of due process, found in both the Fifth and Fourteenth Amendments, has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system • Two Distinct Categories of Due Process: • Substantive Due Process • Procedural Due Process

22. Interpreting the Constitution • How the Supreme Court decides a case depends on: • The facts of the case • The federal and state constitutional and statutory provisions • Previous court decisions • Judicial philosophy • Societal values