Mainstream and Crosscurrents, Second Edition Chapter 4 Criminal Law.

Mainstream and Crosscurrents, Second Edition

Chapter 4Chapter 4

Criminal LawCriminal Law

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.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.



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.



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.



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.



Common law

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



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.



Common law

Four issues guide precedent: Predictability Reliability Efficiency Equality



Sources of law

Constitutions Statutes Administrative Rules



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 law

Constitutions



Sources of law

Constitutions

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.



Statute—A law enacted by a legislature.

Legislative bodies have developed the common law into specific statutes proscribing criminal behavior.

Sources of law

Statutes



Sources of law

Statutes

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



Sources of law

Administrative rules

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



Types of law

Criminal law Civil law Substantive law Procedural law Case law (common law)



Types of law

Criminal 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



Types of law

Civil law

Cases are between two individuals.

Sentences involve money damages, not incarceration.

Covers contracts, personal property, maritime law, and commercial law



Tort law covers personal wrongs and damage and includes libel, slander, assault, trespass, and negligence.

Types of law

Civil law



Double jeopardy does not preclude a victim from suing for private damages after the criminal trial has concluded.

Types of law

Civil law



CrossCurrents Types of law

Liable, 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.



Types of law

Substantive law

Found in the criminal codes of the state and federal governments.

Specifies which behaviors are defined as crime.



Types of law

Procedural 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.



Types of law

Case law

Depends on the principle of precedent and influenced by jurisdiction.

Comes from previous judicial decisions.



Types of crime

Felonies Misdemeanors Inchoate offenses



Types of crime

Felonies

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



Types of crime

Misdemeanors

Less serious offenses than felonies and subject to less severe penalties

Offenders are incarcerated in jails or stockades rather than prison.



Misdemeanors vs. felonies

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



Types of crime

Inchoate offenses

Seeks to deter people from planning and attempting to break the law

Examples involve conspiracy and attempt



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



Features of crime

Actus reus

"Guilty mind"

Occurs when a person engages in a behavior specified by the criminal law



Features of crime

Mens rea

"Guilty deed"

Present when a person acts purposefully, knowingly, recklessly, or negligently



Features of crime

Concurrence

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.



Features of crime

Strict liability

Offenses in which the public's welfare is at issue

Narcotics violations, health & safety regulations, traffic violations, or sanitation violations



Criminal responsibility and criminal defense

Six arguments can be employed in the defense against a criminal indictment…



Criminal responsibility & criminal defense

Six 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



Criminal responsibility & criminal defense

Six 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.



CrossCurrents Criminal responsibility & criminal defense The 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?



Some legal standards used to determine insanity

M'Naghten Rule Durham Rule Appreciation Test

Irresistible Impulse Rule

Guilty but Mentally Ill Modern Penal Code

Test



QuestionsQuestions

What four issues guide precedent?

What are the three sources of law?

What are the first 10 amendments to the Constitution called?

Mainstream and Crosscurrents, Second Edition Chapter 4 Criminal Law.

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Transcript of Mainstream and Crosscurrents, Second Edition Chapter 4 Criminal Law.