Criminal LawCriminal Law

Chapter 4 In Your TextbookChapter 4 In Your Textbook

John MasseyJohn MasseyCriminal JusticeCriminal Justice

Why is criminal law important?Why is criminal law important?

Two basic functionsTwo basic functions Primary (legal) – maintain social order by protecting citizens from Primary (legal) – maintain social order by protecting citizens from

criminal harmcriminal harm Includes two harms – harm to individual citizen’s safety and property Includes two harms – harm to individual citizen’s safety and property

and harm to society’s interests collectivelyand harm to society’s interests collectively

Secondary (social) – to maintain and teachSecondary (social) – to maintain and teach Two goalsTwo goals Reflect values, morals and norms of society and teach expectations of Reflect values, morals and norms of society and teach expectations of

societysociety

Sources of Criminal LawSources of Criminal Law 4 sources4 sources Constitutional, Statutory, Case, Regulatory LawConstitutional, Statutory, Case, Regulatory Law

Constitutional LawConstitutional Law

Both federal and state governments have Both federal and state governments have constitutionsconstitutions

Law emerges from those constitutionsLaw emerges from those constitutions ““supreme law of the land”supreme law of the land” Basis of all law in the U.S.Basis of all law in the U.S. Laws that violate the Constitution are Laws that violate the Constitution are

challenged at Supreme Courtchallenged at Supreme Court

Statutory, Case, & Administrative LawStatutory, Case, & Administrative Law

Statutory LawStatutory Law Enacted and passed by legislative bodiesEnacted and passed by legislative bodies Laws cannot violate constitutionsLaws cannot violate constitutions Congress/state legislaturesCongress/state legislatures

Case LawCase Law Laws that emerge from court decisionsLaws that emerge from court decisions InterpretationsInterpretations Reviews of statutes, legsislationReviews of statutes, legsislation

Administrative LawAdministrative Law Rules and laws of regulatory agenciesRules and laws of regulatory agencies Created by agencies to carry out dutiesCreated by agencies to carry out duties

Civil Law v. Criminal LawCivil Law v. Criminal Law Crime is an act that violates a lawCrime is an act that violates a law Civil law – deals with private and public rights, not criminal issuesCivil law – deals with private and public rights, not criminal issues This can involve disputes between individuals, corporations, This can involve disputes between individuals, corporations,

contractscontracts

Civil courtCivil court – plantiff (victim) must prove a wrong was committed – plantiff (victim) must prove a wrong was committed Financial rewards in many instancesFinancial rewards in many instances Ex: OJ Simpson case, $8.5 million to familesEx: OJ Simpson case, $8.5 million to familes

Sometimes individuals face both criminal and civil trialSometimes individuals face both criminal and civil trial Easier to win a civil trial than criminal trialEasier to win a civil trial than criminal trial Burden of proof in criminal trials – beyond a reasonable doubtBurden of proof in criminal trials – beyond a reasonable doubt Burden of proof in civil trials – proponderance of the evidence Burden of proof in civil trials – proponderance of the evidence

(more than 50 percent likely)(more than 50 percent likely)

Felonies v. MisdemeanorsFelonies v. Misdemeanors

Defined based on degree of seriousnessDefined based on degree of seriousness FeloniesFelonies: serious crimes: serious crimes

Punishable by death or prison for one year or longerPunishable by death or prison for one year or longer Must have malice aforethought, premeditation or deliberation Must have malice aforethought, premeditation or deliberation

in order to have a homicide. If not = manslaughter.in order to have a homicide. If not = manslaughter. Two types of manslaughter (voluntary and involuntary)Two types of manslaughter (voluntary and involuntary) Voluntary – intent to kill but malice is lacking (crimes that are Voluntary – intent to kill but malice is lacking (crimes that are

committed in a heat of passion)committed in a heat of passion) Involuntary – offender is negligent in acts, no intent to kill (DUI, Involuntary – offender is negligent in acts, no intent to kill (DUI,

fight)fight)

MisdemeanorsMisdemeanors

MisdemeanorsMisdemeanors: any crime that is not a felony: any crime that is not a felony Punishable often by fines, community sanctions, Punishable often by fines, community sanctions,

probation, less than 1 year in jailprobation, less than 1 year in jail Different classes depending on seriousnessDifferent classes depending on seriousness Examples: trespassing, petty theft, shoplifting, Examples: trespassing, petty theft, shoplifting,

disturbing the peacedisturbing the peace In Virginia: 4 classes of misdemeanors, 6 classes of In Virginia: 4 classes of misdemeanors, 6 classes of

felonies (Class 1 most serious, class 4/6 least felonies (Class 1 most serious, class 4/6 least serious)serious)

Mala in se v. Mala prohibitaMala in se v. Mala prohibita

Another way to look at different types of crimeAnother way to look at different types of crime This method is not as important or as frequently usedThis method is not as important or as frequently used The social function of criminal law designed by criminologistsThe social function of criminal law designed by criminologists

Mala in seMala in se: considered wrong even if there’s not a law that : considered wrong even if there’s not a law that prohibits itprohibits it

Inherently wrongInherently wrong Natural and moral lawNatural and moral law Ex: murderEx: murder

Mala prohibitaMala prohibita Considered crime because it has been defined that way, put Considered crime because it has been defined that way, put

into statute or lawinto statute or law Varies from place to place (states, countries, localities)Varies from place to place (states, countries, localities) Ex: gamblingEx: gambling

Difficult to distinguish because technically all laws are Difficult to distinguish because technically all laws are defined.defined.

Elements of a CrimeElements of a CrimeYou think you now know what crime is. -Think again.You think you now know what crime is. -Think again.

What is needed in order to have a crime? (ignore your book for What is needed in order to have a crime? (ignore your book for this, it will only confuse you)this, it will only confuse you)

* FOUR ELEMENTS NEEDED IN ORDER TO HAVE A * FOUR ELEMENTS NEEDED IN ORDER TO HAVE A CRIMECRIME

* However, there are six basic elements* However, there are six basic elements

* You must have:* You must have:1) Corpus delecti1) Corpus delecti2) Mens Rea2) Mens Rea3) Actus Reus3) Actus Reus4) Concurrence4) Concurrence

* You can have neither, either, or both of the other two * You can have neither, either, or both of the other two remaining elements but you NEED THESE FOUR TO HAVE remaining elements but you NEED THESE FOUR TO HAVE A CRIME.A CRIME.

The Four ElementsThe Four ElementsThe Four Key ElementsThe Four Key Elements

Corpus Delecti (This is the starting point)Corpus Delecti (This is the starting point)-the -the body of the crimebody of the crime-proof that an actual crime has been committed by someone-proof that an actual crime has been committed by someone-ex1: in a murder, the body is the corpus delecti-ex1: in a murder, the body is the corpus delecti-ex2: in a bicycle theft, the bicycle is gone-ex2: in a bicycle theft, the bicycle is gone

Actus ReusActus Reus-the -the guilty actguilty act (must be voluntary) (must be voluntary)-ex1: in a murder, the actus reus is homicide-ex1: in a murder, the actus reus is homicide-ex2: if a vehicle is stolen, the actus reus is motor vehicle theft-ex2: if a vehicle is stolen, the actus reus is motor vehicle theft

The Four ElementsThe Four ElementsMens ReaMens Rea-the -the guilty intent guilty intent -person must intentionally, knowingly and willingly commit the criminal act-person must intentionally, knowingly and willingly commit the criminal act-ex1: homicide, the person committing the homicide must understand that it is -ex1: homicide, the person committing the homicide must understand that it is wrong and is a crimewrong and is a crime

-in order to have a guilty mental state, elements are required:-in order to have a guilty mental state, elements are required:1) purpose: X commits Y for Outcome Z1) purpose: X commits Y for Outcome Z2) knowingly: X commits Y and knows that Y is wrong2) knowingly: X commits Y and knows that Y is wrong3) negligence: X commits Y without using a standard of care that a 3) negligence: X commits Y without using a standard of care that a reasonable person would usereasonable person would use4) recklessness: X commits Y with a conscious disregard of Outcome Z4) recklessness: X commits Y with a conscious disregard of Outcome Z

Concurrence Concurrence -the -the joiningjoining together of both the criminal act and the guilty mind together of both the criminal act and the guilty mind-the criminal act must be the result of the offender’s intention to commit a particular -the criminal act must be the result of the offender’s intention to commit a particular criminal actcriminal act

Other ElementsOther Elements

Not required but can be usedNot required but can be used Can be very helpfulCan be very helpful

-attendant circumstances-attendant circumstances Ex: using a handgun in a Ex: using a handgun in a

robbery will make the charge robbery will make the charge of robbery become a charge of of robbery become a charge of armed robberyarmed robbery

-the harm done (result of the -the harm done (result of the act)act) Ex1: how much was stolen in Ex1: how much was stolen in

the burglary? the burglary? Ex2: what happened to the Ex2: what happened to the

victim? Death? Only a victim? Death? Only a bruise? bruise?

Criminal DefensesCriminal Defenses

InsanityInsanity -defense for criminal liability-defense for criminal liability

Asserts a lack of criminal responsibilityAsserts a lack of criminal responsibility Person cannot have state of mind to commit a crime that Person cannot have state of mind to commit a crime that

he/she did not know was wrong at the timehe/she did not know was wrong at the time

Ways to measure:Ways to measure: M’Naughten Rule (used by 16 states)M’Naughten Rule (used by 16 states) New Hampshire (Durham) Rule (used in several other areas)New Hampshire (Durham) Rule (used in several other areas) Virginia uses both testsVirginia uses both tests Montana, Idaho, Utah – no insanity defenseMontana, Idaho, Utah – no insanity defense New Hampshire – no standard form to determine mental New Hampshire – no standard form to determine mental

illnessillness

InsanityInsanity

Definition of InsanityDefinition of InsanityM’Naghten RuleM’Naghten Rule

Daniel McNaghten in 1843Daniel McNaghten in 1843 A deluded ScotsmanA deluded Scotsman Thought the Prime Minister (Sir Robert Peel) was persecuting himThought the Prime Minister (Sir Robert Peel) was persecuting him Tried to shoot him and instead killed his secretaryTried to shoot him and instead killed his secretary Ruled insane and spent 20 years in a mental asylum until his deathRuled insane and spent 20 years in a mental asylum until his death

McNaghten RuleMcNaghten RuleTo establish a defense on the grounds of insanity, it must be clearly To establish a defense on the grounds of insanity, it must be clearly

proved that, at the time of committing the act, the party accused was proved that, at the time of committing the act, the party accused was laboring under such a laboring under such a defect of reasondefect of reason, from , from disease of the minddisease of the mind, as , as not to know the nature and quality of the actnot to know the nature and quality of the act he was doing; or if he did he was doing; or if he did know it, that he know it, that he did not knowdid not know that what he was doing was that what he was doing was wrongwrong..

InsanityInsanity New Hampshire (Durham) RuleNew Hampshire (Durham) Rule (1869) (1869)

Test of criminal responsibility is whether the act was Test of criminal responsibility is whether the act was the the offspring or product of mental diseaseoffspring or product of mental disease in the defendantin the defendant

American Law InstituteAmerican Law Institute (ALI) (1962) (ALI) (1962) Is now used in about half the statesIs now used in about half the states A person is not responsible for criminal conduct if at the time of such conduct, as a A person is not responsible for criminal conduct if at the time of such conduct, as a result of result of

mental disease or defectmental disease or defect, he , he lacks substantial capacitylacks substantial capacity either to either to appreciate the criminalityappreciate the criminality of of his conduct or t conform his conduct to the requirements of the law.his conduct or t conform his conduct to the requirements of the law.

Insanity Defense Reform ActInsanity Defense Reform Act (1984) (1984) NGRI finding for John Hinckley following 1982 assassination attempt of NGRI finding for John Hinckley following 1982 assassination attempt of

President ReaganPresident Reagan Covers Federal trialsCovers Federal trials

Prohibited experts from giving opinions about the defendant’s insanityProhibited experts from giving opinions about the defendant’s insanity Placed the burden of proof on the defendant (clear and convincing evidence)Placed the burden of proof on the defendant (clear and convincing evidence)

Insanity in VirginiaInsanity in Virginia

M’Naughten + Irresistible ImpulseM’Naughten + Irresistible Impulse Mental disease or defect, andMental disease or defect, and Did not understand what he was doing (or)Did not understand what he was doing (or) Did not know what he was doing was wrong (or)Did not know what he was doing was wrong (or) Was not able to control the impulse to actWas not able to control the impulse to act

The myths of the insanity defenseThe myths of the insanity defense Getting away with crimeGetting away with crime Not being punishedNot being punished Being released soonBeing released soon And there are many more…And there are many more…

Other Criminal DefensesOther Criminal Defenses Intoxication (voluntary v. involuntary)Intoxication (voluntary v. involuntary)

Voluntary intoxication defense has been eliminated in 12 statesVoluntary intoxication defense has been eliminated in 12 states Mistake/IgnoranceMistake/Ignorance

Not very successfulNot very successful In many instances, a mistake or ignorance cannot be claimed and void one of liabilityIn many instances, a mistake or ignorance cannot be claimed and void one of liability

Justification DefensesJustification Defenses DuressDuress

Unlawful pressure on a person causes the person to perform an act s/he normally wouldn’t Unlawful pressure on a person causes the person to perform an act s/he normally wouldn’t (ex: the movie Collateral)(ex: the movie Collateral)

Self-defenseSelf-defense Ability to protect oneself and property from injury by anotherAbility to protect oneself and property from injury by another Protects only acts that are reasonably necessary to protect (ex: defense of home, vehicle, Protects only acts that are reasonably necessary to protect (ex: defense of home, vehicle,

prevention of a crime)prevention of a crime)

NecessityNecessity ““the circumstances at the time made me do it!”the circumstances at the time made me do it!” The harm prevented must be greater than the harm that you have doneThe harm prevented must be greater than the harm that you have done

EntrapmentEntrapment Citizen has been deceived by a government agent into committing a crime (that otherwise Citizen has been deceived by a government agent into committing a crime (that otherwise

would not have been committedwould not have been committed

Your RightsYour Rights Procedural safeguardsProcedural safeguards -found in two places-found in two places

1) Bill of Rights1) Bill of Rights -basis of procedural safeguards-basis of procedural safeguards -offers protection from the federal govt.-offers protection from the federal govt. -ex: rights against unreasonable searches -ex: rights against unreasonable searches

and seizures, due process, probable cause, and seizures, due process, probable cause, etc.etc.

2) Due Process Clause2) Due Process Clause -govt. decisions in prosecution should be fair-govt. decisions in prosecution should be fair -fair and just procedures-fair and just procedures -reasonable, valid, and legal-reasonable, valid, and legal