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Chapter 4

Chapter 4. Criminal Law. Development of the criminal law. The development of the criminal law was episodic, uneven, and political. The US criminal justice system is a mixture of other societies' attempts to control conduct through the criminal law. Code of Hammurabi.

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Chapter 4

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  1. Chapter 4 Criminal Law

  2. Development of the criminal law • The development of the criminal law was episodic, uneven, and political. • The US criminal justice system is a mixture of other societies' attempts to control conduct through the criminal law.

  3. Code of Hammurabi • The laws of the ancient Babylonian king Hammurabi are the earliest known written laws. • The laws followed the eye-for-an-eye philosophy.

  4. The Magna Carta “Great Charter”; a guarantee of liberties signed by King John of England in 1215 that influenced many modern legal and constitutional principles.

  5. Common law • The common law is based on the decisions of the judiciary, instead of being specified by a legislature or constitution. • Common law is based on the doctrine of precedent.

  6. Common law Common law is sometimes called: • Case law • Judiciary law • Judge-made law • Customary law • Unwritten law

  7. Common law Courts are generally bound by the decisions of previous courts by the doctrine of precedent or stare decisis, the doctrine under which courts adhere to legal precedent.

  8. Common law Four issues guide precedent: • Predictability • Reliability • Efficiency • Equality

  9. Sources of law • Constitutions • Statutes • Administrative Rules

  10. The US Constitution binds legislators, societal institutions, and the citizens to a system of government and laws. Express the will of the people. Sources of lawConstitutions

  11. The US Constitution does not proscribe many behaviors, but sets out values that the criminal law cannot abridge. The Bill of Rights, the first 10 amendments to the Constitution, dictates the basic freedoms enjoyed by citizens. Sources of lawConstitutions

  12. Sources of lawStatutes Statute—A law enacted by a legislature. Legislative bodies have developed the common law into specific statutes proscribing criminal behavior.

  13. Sources of lawStatutes Published in penal codes, statutes fit the principles of predictability, reliability, efficiency, and equality better than the doctrine of precedent.

  14. Sources of lawAdministrative rules Health, environment, customs, and parole agencies have the authority to enact rules that limit the freedoms of individuals within their influence.

  15. Types of law • Criminal law • Civil law • Substantive law • Procedural law • Case law (common law)

  16. Types of lawCriminal Law Three criteria determine which behaviors are made criminal: • The enforceability of the law • The effects of the law • The existence of other means to protect society against undesirable behavior

  17. Types of lawCivil law • Cases are between two individuals. • Sentences involve money damages, not incarceration. • Covers contracts, personal property, maritime law, and commercial law

  18. Types of lawCivil law Tort law covers personal wrongs and damage and includes libel, slander, assault, trespass, and negligence.

  19. Types of lawCivil law Double jeopardy does not preclude a victim from suing for private damages after the criminal trial has concluded.

  20. CrossCurrents Types of lawLiable, but not guilty • The major difference between civil trials and criminal trials is the threshold of guilt. • A finding of liability in a civil trial requires a much lower threshold. • Civil trials can be a way for those who believe they have been harmed by a defendant’s action to recoup damages.

  21. Types of lawSubstantive law • Found in the criminal codes of the state and federal governments. • Specifies which behaviors are defined as crime.

  22. Types of lawProcedural law • Specifies how the criminal justice system may deal with those who break the law. • Specifies rules of arrest, search and seizure, rights to attorneys, and attorney/client privilege.

  23. Types of lawCase law • Depends on the principle of precedent and influenced by jurisdiction. • Comes from previous judicial decisions.

  24. Types of crime • Felonies • Misdemeanors • Inchoate offenses

  25. Types of crimeFelonies • Incarceration is usually more than one year and may specify life in prison or capital punishment. • Considered to be the most serious type of crime

  26. Types of crimeMisdemeanors • Less serious offenses than felonies and subject to less severe penalties • Offenders are incarcerated in jails or stockades rather than prison.

  27. Misdemeanors vs. felonies A behavior may be a felony in one jurisdiction and a misdemeanor, or not an offense at all, in another.

  28. Types of crimeInchoate offenses • Seeks to deter people from planning and attempting to break the law • Examples involve conspiracy and attempt

  29. Features of crime • Three elements must be present in order for an act to be labeled a criminal offense. • The criminal act–actus reus • The criminal intent–mens rea • The relationship between actus reus and mens rea–concurrence

  30. Features of crimeActus reus • "Guilty mind" • Occurs when a person engages in a behavior specified by the criminal law

  31. Features of crimeMens rea • "Guilty deed" • Present when a person acts purposefully, knowingly, recklessly, or negligently

  32. Features of crimeConcurrence • Both actus reus and mens rea must be present at the same time for a behavior to be considered a criminal offense. • The exception is strict liability, responsibility for a criminal offense without intention to break the law.

  33. Features of crimeStrict liability • Offenses in which the public's welfare is at issue • Narcotics violations, health & safety regulations, traffic violations, or sanitation violations

  34. Criminal responsibility and criminal defense Six arguments can be employed in the defense against a criminal indictment…

  35. Criminal responsibility & criminal defenseSix arguments • My client did not do it. • My client did it, but is not responsible because he/she is insane. • My client did it but has a good excuse

  36. Criminal responsibility & criminal defenseSix arguments • My client did it but has a good reason. • My client did it but should be acquitted because the police or prosecutor cheated. • My client did it but was influenced by outside forces.

  37. CrossCurrents Criminal responsibility & criminal defenseThe Twinkie Defense • Were California voters right to eliminate the diminished-capacity defense? • Does the fact that the Twinkie defense is a myth make you think differently about this case?

  38. M'Naghten Rule Durham Rule Appreciation Test Irresistible Impulse Rule Guilty but Mentally Ill Modern Penal Code Test Some legal standards used to determine insanity

  39. Questions • What four issues guide precedent? • What are the three sources of law? • What are the first 10 amendments to the Constitution called?

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