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  • 1. Criminal Justice: A Brief Introduction Ninth Edition By Frank SchmallegerPearson Education, Inc.
  • 2. Criminal Justice: A Brief Introduction Ninth Edition By Frank Schmalleger Chapter 3 Criminal LawPearson Education, Inc.
  • 3. The Nature and Purpose of Law • Law – A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior • Statutory law – The written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws • Penal code – The written, organized, and compiled form of the criminal laws of a jurisdictionCriminal Justice: A Brief Introduction, 9/e 3 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 4. The Nature and Purpose of Law • Case law – The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts • Common law – The body of law originating from usage and custom rather than from written statutes – The term refers to an unwritten body of judicial opinion, originally developed by English courtsCriminal Justice: A Brief Introduction, 9/e 4 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 5. The Rule of Law • Rule of law – The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members – Sometimes referred to as the supremacy of law – Has been called the greatest political achievement of our culture – Also been called “the foundation of liberties in the Western world”Criminal Justice: A Brief Introduction, 9/e 5 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 6. The Rule of Law • ABA notes that the rule of law includes these elements – Freedom from private lawlessness – A relatively high degree of objectivity in the formulation of legal norms – Legal ideas for the attainment of individual and group objectives – Substantive and procedural limitations on governmental powerCriminal Justice: A Brief Introduction, 9/e 6 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 7. The Rule of Law • Jurisprudence – The philosophy of law or the science and study of the law, including the rule of lawCriminal Justice: A Brief Introduction, 9/e 7 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 8. Types of Law • Criminal law – The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society – Also called penal law • Substantive law – The part of the law that defines crimes and specifies punishments – For example, murder, rape, robbery, and assaultCriminal Justice: A Brief Introduction, 9/e 8 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 9. Types of Law • Procedural law – The part of the law that specifies the methods to be used in enforcing substantive law – For example, general rules of evidence, search and seizure, procedures to be followed in an arrest • Civil law – The branch of modern law that governs relationships between parties – Contracts, divorces, child support and custody, property transfersCriminal Justice: A Brief Introduction, 9/e 9 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 10. Types of Law • Tort – A wrongful act, damage, or injury not involving a breach of contract – Also a private or civil wrong or injury – Not a crime • Parties to a civil suit – Plaintiff • Who seeks relief – Defendant • Against whom relief is soughtCriminal Justice: A Brief Introduction, 9/e 10 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 11. Types of Law • Administrative law – The body of regulations that governments create to control the activities of industries, businesses, and individuals – Tax laws, health codes, vehicle registration laws • Precedent – A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future casesCriminal Justice: A Brief Introduction, 9/e 11 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 12. Types of Law • Stare decisis – A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them – Standing by decided mattersCriminal Justice: A Brief Introduction, 9/e 12 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 13. General Categories of Crime • General categories of criminal law violations – Felonies – Misdemeanors – Offenses – Treason and espionage – Inchoate offenses • Felony – A criminal offense punishable by death or by incarceration in a prison facility for at least one yearCriminal Justice: A Brief Introduction, 9/e 13 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 14. General Categories of Crime • Misdemeanor – An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less • Offense – Refers to minor violations of the law that are less serious than misdemeanors – InfractionsCriminal Justice: A Brief Introduction, 9/e 14 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 15. General Categories of Crime • Treason – A U. S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States – The attempt to overthrow the government of the society of which one is a member • Espionage – The “gathering, transmitting, or losing” of information related to the national defense in a manner that the information becomes available to enemies of the United StatesCriminal Justice: A Brief Introduction, 9/e 15 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 16. General Categories of Crime • Inchoate offenses – An offense not yet completed – An offense that consists of an action or conduct that is a step toward the intended commission of another offenseCriminal Justice: A Brief Introduction, 9/e 16 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 17. General Features of Crime • The criminal act (Actus Reus) – A guilty act – To be something is not a crime; to do something may be – Threatening to act can be a criminal offense – Conspiracies are another criminal act • A guilty mind (Mens Rea) – The state of mind that accompanies a criminal actCriminal Justice: A Brief Introduction, 9/e 17 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 18. General Features of Crime • Types or levels of mens rea – Purposeful (or intentional) • Action undertaken to achieve some goal • Transferred intent – Knowing • Action undertaken with awareness – Reckless – NegligentCriminal Justice: A Brief Introduction, 9/e 18 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 19. General Features of Crime • Reckless behavior – An activity that increases the risk of harm • Criminal negligence – A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences • Motive – A person’s reason for committing a crime – Mens rea must generally be inferred from a person’s actions and from all circumstancesCriminal Justice: A Brief Introduction, 9/e 19 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 20. General Features of Crime • Strict liability – A liability without fault or intention – Does not require mens rea – Also called absolute liability offenses – Routine traffic stops – Statutory rape • Concurrence – The coexistence of (1) an act in violation of the law and (2) a culpable mental stateCriminal Justice: A Brief Introduction, 9/e 20 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 21. Other Features of Crime • Causation • Refers to the fact that the concurrence of a guilty mind and a criminal act may cause harm – Legal cause • Must be demonstrated in court in order to hold an individual criminally liable for causing harm • Harm – Not all harms are crimes – Victimless crimes • Social harm caused by the behaviorCriminal Justice: A Brief Introduction, 9/e 21 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 22. Other Features of Crime • Legality – Highlights the fact that a behavior cannot be criminal if no law exists that defines it as such – Includes the notion of ex post facto laws • Latin for “after the fact” • Laws are binding only from the date of their creation • Punishment – No crime can be said to occur where punishment has not been specified in the lawCriminal Justice: A Brief Introduction, 9/e 22 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 23. Other Features of Crime • Necessary attendant circumstances – The facts surrounding an event – Includes such things as time and place – May be classified as aggravating or mitigating circumstances – Aggravating and mitigating circumstances are not elements of an offenseCriminal Justice: A Brief Introduction, 9/e 23 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 24. Elements of a Specific Criminal Offense • Element – In a specific crime, one of the essential features of that crime, as specified by law or statute • The corpus delicti of a crime – Literally means “the body of the crime” – The facts that show that a crime has occurred – Two aspects to the corpus delicti of an offense • That a certain result has been produced • That a person is criminally responsible for its productionCriminal Justice: A Brief Introduction, 9/e 24 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 25. Types of Defenses to a Criminal Charge • Alibi – A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed – The defendant could not have committed the crime • Justifications – Admits to committing the act but claims that it was necessary to avoid some greater evil – Self-defense • Probably the best known of the justificationsCriminal Justice: A Brief Introduction, 9/e 25 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 26. Types of Defenses to a Criminal Charge • Defense of others – Alter ego rule • A rule that holds that a person can only defend a third party under circumstances and only to the degree that the third party could legally act on his or her own behalf • Defense of home and property • Necessity – The Crown v. Dudley & Stephens • Consent • Resisting unlawful arrestCriminal Justice: A Brief Introduction, 9/e 26 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 27. Types of Defenses to a Criminal Charge • Excuses – Duress • Sometimes also called coercion – Age – Mistake – Involuntary intoxication – Unconsciousness – Provocation – InsanityCriminal Justice: A Brief Introduction, 9/e 27 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 28. Types of Defenses to a Criminal Charge • Insanity defense • The M’Naghten Rule – A rule for determining insanity that asks whether the defendant knew what he or she was doing and whether the defendant knew that what he or she was doing was wrong • Irresistible rule • The Durham Rule • The Substantial-Capacity TestCriminal Justice: A Brief Introduction, 9/e 28 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 29. Types of Defenses to a Criminal Charge • The Brawner Rule – U. S. v. Brawner (1972) • The guilty but mentally ill verdict – A verdict, equivalent to a finding of “guilty” that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts – Ford v. Wainwright (1986) • The defense of temporary insanityCriminal Justice: A Brief Introduction, 9/e 29 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 30. Types of Defenses to a Criminal Charge • The insanity defense under federal law – Jones v. U. S. (1983) – Ake v. Oklahoma (1985) • The consequences of an insanity ruling – Foucha v. Louisiana (1992) • Diminished capacity – A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimesCriminal Justice: A Brief Introduction, 9/e 30 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 31. Types of Defenses to a Criminal Charge • Mental incompetence – Incompetent to stand trial – A finding by the court that as a result of mental illness, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defenseCriminal Justice: A Brief Introduction, 9/e 31 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 32. Procedural Defenses • Makes the claim that the defendant was in some manner discriminated against in the justice process • Entrapment – An improper or illegal inducement to crime by agents of law enforcement • Double jeopardy – Fifth Amendment prohibition – A common law and constitutional prohibition against a second trial for the same offenseCriminal Justice: A Brief Introduction, 9/e 32 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved
  • 33. Procedural Defenses • Collateral estoppel • Selective prosecution – Fourteenth Amendment guarantee of equal protection of the laws • Denial of a speedy trial – Sixth Amendment right to a speedy trial • Prosecutorial misconduct • Police fraudCriminal Justice: A Brief Introduction, 9/e 33 Copyright © 2012, 2010, 2008, 2006, 2004, 2002, 1999, 1997, 1994 by Pearson Education, Inc.Frank Schmalleger Upper Saddle River, New Jersey 07458 • All rights reserved