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 the criminal law. • Be familiar with the elements of a crime. • Define the term “strict liability.” • Discuss excuses and justification defenses for crime. • Discuss the concept of criminal procedure. • The role of the Bill of Rights in shaping criminal procedure. • Know which Amendments do the Constitution are the most important to the justice system. • List the elements of due process of law.

3. Rule of Law

4. Historical Development of Criminal Law • Babylonian Code of Hammurabi (2000 B.C.) • Mosaic Code of the Israelites (1200 B.C.) • Roman Twelve Tables (451 B.C.) • Justinian’s Corpus Juris Civilis • German Wergild • Canon (Church) Law • State centered law

5. Common Law & the Principle of Stare Decisis • Stare decisis - to stand by decided cases • Mala in se - acts that society considers inherently evil • Mala prohibitum – crimes created by legislative bodies

6. Sources of the Criminal Law • American legal system is codified by state and federal legislatures • Constantly evolving • Criminal law must conform to the Constitution • No ex post facto laws permitted

7. Crimes & Classifications

8. Elements of a crime

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

10. 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

11. Mens Rea and Actus Reus • Connection between act (actus reus) and harm done • The illegal act must be the cause of the harm

12. Strict Liability • Exceptions to mens rea are strict liability crimes - illegal acts that do not require a showing of intent

13. Criminal Defenses • A person can commit an act that would ordinarily be a crime but they are not held criminally liable • Criminal defenses are a core aspect of common law • Most criminal defenses are based on the mens rea element

14. Excuse Defenses • Ignorance or Mistake • Insanity • Intoxication • Age

15. 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

16. Justification Defenses • Consent • Self-Defense • Stand Your Ground • Entrapment • Duress • Necessity

17. Reforming the Criminal Law • Law enables and also restricts government authority and power • Changes over time

18. Creating New Crimes • Physician-Assisted Suicide • Stalking • Community Notification Laws • Environmental Crimes

19. Creating New Defenses • Neurolegal Defenses

20. Constitutional Criminal Procedure • Main source of procedural law is the Bill of Rights • Limits on governmental action focus on: • 4th Amendment - searches and seizures • 5th Amendment - self-incrimination, double jeopardy, grand jury • 6th Amendment - speedy and public trial by an impartial jury, right to counsel, notice of charges, and confrontation of witnesses • 8th Amendment - prohibits excessive bail, excessive fines, and cruel and unusual punishment

21. Due Process of Law • Found in both the 5th and 14th Amendments • Refers to the essential elements of fairness under law • Substantive due process - protects against laws that are unfair • Procedural due process - ensures no one is deprived of life, liberty, or property without proper and legal criminal 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