Chapter 3.ppt 1

SOC 3880 – Criminal
Justice
mbritz@clemson.edu
Criminal Justice
CHAPTER 3
CRIMINAL LAW
AND THE
CRIMINAL JUSTICE
PROCESS

© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
3.1
3.2
3.3
3.4
3.5
Summarize the sources and development of law.
Describe the development of law and justice in America.
Summarize the elements of crime.
Summarize criminal defenses.
Define terms related to criminal law.
CHAPTER OBJECTIVES

3.6
3.7
3.8
3.9
3.10
Define procedural law and its sources.
Summarize the key rights of defendants.
Describe the pretrial steps and activities.
Explain the bail process and alternatives to bail.
Explain criminal court procedures.
CHAPTER OBJECTIVES

Summarize the sources and
development of law.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
3.1

Two Categories of Law3.1
Civil Criminalvs.
5

Two Categories of Criminal Law3.1
Substantive Proceduralvs.
6

Describe the development of law
and justice in America.
Learning Objectives
3.2

4 Sources of American Criminal Law3.2
Administrative
Regulations
Court
Decisions
StatutesConstitutions
8

Criminal Law Arises from…3.2
Consensus Conflictvs.
9

3.2
The body of unrecorded decisions
made by English judges in the Middle
Ages, reflecting the values, customs,
and beliefs of the period.
Common Law
10

Summarize the elements of crime.
Learning Objectives
3.3

3.3
Elements
of a
Crime
Mens rea
Actus reus
The attendant
circumstances/
causal link
12

Summarize criminal defenses.
Learning Objectives
3.4

Criminal Defenses3.4
Mental
Illness
Competent to stand
trial
Insanity defense
Force
Self-defense
Defense of others
Defense of property
Justification
of Excuse
Duress
Necessity
Mistake of fact
Ignorance of law
Entrapment
14

Define terms related to criminal law.
Learning Objectives
3.5

Define procedural law and its
sources.
Learning Objectives
3.6

Summarize the key rights of
defendants.
Learning Objectives
3.7

Upper Saddle River, New Jersey 07458 • All Rights Reserved18
3.7

Describe the pretrial steps and
activities.
Learning Objectives
3.8

Pretrial Steps/Activities3.8
ArrestInvestigationLaw
20

Explain the bail process and
alternatives to bail.
Learning Objectives
3.9

Pretrial Steps/Activities3.9
InformationArraignmentPlea
22

Explain criminal court procedures.
Learning Objectives
3.10

Criminal Court Procedures3.10
Grand Jury Indictment
24

4 Alternatives to Pleas3.10
Guilty
Nolo
contendere
No plea Not guilty
25

Trial Formats3.10
Bench Trial Jury Trialvs.
26

Verdicts3.10
Acquittal Convictionvs.
27

3.1
3.2
Today criminal law in the United States has four main sources:
constitutions, statutes, court decisions, and administrative regulations.
American criminal law is derived from British common law. Americans
came to rely on tighter legal rules created by local and state
governments. This move toward regulating behavior by statute, rather
than by court decisions, distinguishes American criminal law from its
British foundations.
The elements of crime include: mens rea, actus reus, and the attendant
circumstances/causal links.3.3
The three main categories of criminal defenses are defenses related to
mental illness, defenses related to force, and justifications of excuse.3.4
See page 118 for Key Terms.3.5
CHAPTER SUMMARY

3.6
Procedural law is a very important part of the criminal justice process,
because it specifies how people accused of crimes will be treated. As in
substantive law (see Chapter 5), the provisions of criminal procedure are
guided by the principles of the U.S. Constitution.
3.7
Key rights of defendants include: Protection against reasonable searches
and seizures, no warrants except upon probable cause, a person shall
not be compelled to be a witness against oneself, life, liberty, and
property shall not be taken away without due process of law, and cruel
and unusual punishments shall not be inflicted.
Pretrial steps and activities include: investigation, arrest and booking.3.8
Bail is set at the initial appearance in order to ensure that the arrestee will
appear in court for trial. An arrestee who posts bail remains free pending
the court appearance. Bail is posted in the form of cash or its equivalent,
which is refunded when the arrestee appears for trial. Most states allow
judges to release suspects on their own recognizance. This means
that a judge can release a suspect pending trial after receiving the
suspect's written promise to appear in court.
3.9
CHAPTER SUMMARY

3.10
Criminal court procedures include: initial appearances, preliminary
hearings, grand juries, indictments, arraignments, trials, convictions,
sentencing, and appeals.
CHAPTER SUMMARY

Chapter 3.ppt 1

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Chapter 3.ppt 1