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Chapter 4 - Updated
- 1. Chapter 4 Criminal Law: Substance and Procedure
- 2. Four Broad Categoriesof Law a. Criminal law Body of rules that define crimes, sets out their punishments, and mandates the procedures for carrying out the criminal justice process a. Substantive Criminal Law Body of specific rules that declare what conduct is criminal and prescribes the punishment to be imposed for such conduct a. Procedural Criminal Law Sets out the basic rules of practice in the criminal justice system a. Civil law All law that is not criminal
- 3. The History ofCriminal Law The underlying goal of the substantive criminal law is: To enforce social control Distribute retribution Express public opinion and morality Deter criminal behavior Punish wrongdoing Maintain social order Restoration
- 4. The History ofCriminal Law The roots of the criminal codes used in the United States can be traced back to such early legal charters as: The Babylonian Code of Hammurabi (2000 BCE) The Mosaic Code of the Israelites (1200 BCE) and the Roman Twelve Tables (451 BCE). Emerging Germanic societies developed legal systems featuring monetary compensation, called “wergild” Our legal code is directly tied to England
- 5. Sources of theCriminal Law Mala in se Mala prohibitum Constitutional Limits
- 6. Sources of theCriminal Law After the Norman Conquest, royal judges would decide what to do in each case, using local custom and rules of conduct as their guide in a system Stare decisis Latin for “to stand by decided cases” Eventually this system evolved into a common law of the country that incorporated local custom and practice into a national code Mala in se Crimes that are inherently evil and depraved (such as murder, burglary, and arson) Mala prohibitum Crimes which reflected existing social and economic conditions
- 7. Sources of theCriminal Law The contemporary American legal system was codified by state and federal legislatures The content of the law may also be influenced by judicial decision making Regardless of its source, all criminal law in the United States must conform to the rules and dictates of the U.S. Constitution
- 8. Constitutional Limits Criminallaws have been interpreted as violating constitutional principles if they are too vague or overbroad to give clear meaning of their intent Each state and the federal government has developed its own body of criminal law that defines and grades offenses, sets levels of punishment, and classifies crimes into categories Prohibits laws that make a person’s status a crime Cruel and/or capricious Bills of attainder Ex post facto laws
- 9. Classifying Crime Felonies Misdemeanors Infractions and Violations The Legal Definition of a Crime
- 10. Classifying Crimes Felonies Misdemeanors Infractions and Violations Each jurisdiction in the U.S. determines by statute what types of conduct constitute felonies or misdemeanors
- 11. The Legal Definitionof a Crime Almost all common-law crime contains both mental and physical elements Actus reus An illegal act, or failure to act when legally required… the guilty act Mens rea A guilty mind; the intent to commit a criminal act
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- 13. Discussion Questions Whatis mental intent? Is the mental intent to commit a crime always clear?
- 14. What cops hear… My friend let me borrow his/her car It’s not my pants It’s not my bag/purse
- 15. The Legal Definitionof a Crime To constitute a crime, the law requires a connection be made between the mens rea (guilty mind) and actus reus (guilty act) thereby showing that the offender’s conduct was the proximate cause of the criminal act
- 16. The Legal Definitionof a Crime Certain statutory offenses exist in which mens rea (guilty mind) is not essential These offenses fall within a category known as a public safety or strict liability crime Traffic crimes, public safety, and business crimes are typically strict liability crimes The third element needed to prove that a crime was committed is the immediate relationship to or concurrence of the act with the criminal intent or result For an act to be considered a crime, the actor’s willingness to cause harm must be proved (we call this “intent”)
- 17. Video: Crime inL.A.
- 18. Discussion Questions Compstat(shor t for COMPlaint STATistics) Using statistics to fight crime It uses Geographic Information Systems to map crime and identify problem areas. Lets you send resources to the right areas at the right time Holds Supervisors accountable for crime in their assigned areas
- 19. Crime Mapping Example Auto-Theft Hotspots in Los Angeles during 2003.
- 20. Criminal Defenses ExcuseDefenses Justification Defenses
- 21. Criminal Defenses Whenpeople defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused Defendants may deny the actus reus (guilty act) by arguments that they were falsely accused and the real culprit has yet to be identified Defendants may also claim that while they did engage in the criminal act they are accused of, they should be excused because they lacked mens rea (guilty mind)
- 22. Criminal Defenses Anothertype of defense is justification Such as self-defense, which involves maintaining that the act was justified under the circumstances “Given the circumstances, anyone would have done what I did.”
- 23. Excuse Defenses Ignoranceor Mistake Can be an excuse if it negates an element of the crime Insanity If the defendant’s state of mind negates his/her criminal responsibility Intoxication Not a defense unless the defendant became involuntarily intoxicated under duress or by mistake
- 24. Excuse Defenses Age Generally a conclusive presumption of incapacity for a child under the age of 7 Not the same as adult vs. juvenile Children under 18 can be charged with a crime. Entrapment If law enforcement agents used traps, decoys, and deception to induce criminal action Recent discussions on entrapment with fbi stings on terrorists and with cpd arresting nato demonstrators
- 25. Justification Defenses Consent The type of crime involved generally determines the validity of consent as an appropriate legal defense Self-defense Must prove she/he acted with a reasonable belief that she/he was in imminent danger of death or harm, and had no reasonable means of escape from the assailant
- 26. Justification Defenses Standyour ground The “castle exception” Florida’s Stand Your Ground law authorizes citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded. Duress When the defendant claims he was forced to commit a crime as the only means of preventing death or serious harm to himself or others
- 27. Justification Defenses Necessity When a crime was committed under extreme circumstances and could not be avoided Example: A pregnant woman in labor stole a car because she feared she was imminently going to give birth and had no other means of transportation In the Line of Duty Crime committed in the line of a first responder occupation
- 28. Reforming the CriminalLaw Public Opinion
- 29. Reforming the CriminalLaw Laws, in part, reflect public opinion… morality Stalking Prohibiting assisted suicide Registering sex offenders Clarifying rape Controlling technology Protecting the environment Legalizing marijuana Responding to terrorism
- 30. Law of CriminalProcedure Judicial Interpretation 4th Amendment 5th Amendment 8th Amendment 14th Amendment Due Process of Law
- 31. The Law ofCriminal Procedure The law of criminal procedure consists of the rules and procedure that govern the pretrial processing of criminal suspects and the conduct of criminal trials The main source of the procedural law is the body of the Constitution and the first 10 amendments added to the U.S. Constitution on December 15, 1791 These are collectively known as the Bill of Rights
- 32. Judicial Interpretation Ofprimary concern are the Fourth, Fifth, Sixth, and Eighth Amendments: Limit and control the manner in which the federal government operates the justice system The Fourteenth Amendment applies these rights to the state and local governments
- 33. 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized Stopping, questioning, or searching an individual without legal justification represents a serious violation of the Fourth Amendment.
- 34. 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. I plead the 5th (Losi Lerner in the IRS Scandle)
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- 36. 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Right to attorney - Change of Venue
- 37. Video: Change ofVenue
- 38. 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Death Penalty?
- 39. 14th Amendment Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Equal protection (gay marriage)
- 40. Due Process ofLaw The concept of due process is found in both the Fifth and Fourteenth Amendments Due process has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system
- 41. Due Process ofLaw Due process can be divided into two distinct categories: a. Substantive b. Procedural Substantive due process Refers to the citizen’s right to be protected from criminal laws that may be biased, discriminatory, or otherwise unfair Procedural due process Seeks to ensure that no person will be deprived of life, liberty, or property without proper and legal criminal process
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Editor's Notes
- #11 Dick Heller, a licensed special police officer for the District of Columbia, carried a gun in federal office buildings, but was not allowed to have one in his home. Here, he signs an autograph outside the Supreme Court on June 26, 2008, after the Court ruled in the landmark case District of Columbia v. Heller that Americans have a constitutional right to keep guns in their homes for self-defense.
- #16 Amy Bishop is led away after her plea hearing in Huntsville, Alabama, on September 22, 2011. Bishop pleaded not guilty by reason of insanity in the shootings that killed three colleagues and wounded three others during a February 2010 faculty meeting. Before the murders, Bishop exhibited a long history of strange and bizarre behavior, including the fatal shooting of her brother and an attack on a woman in a local restaurant. Is it possible that extremely violent people like Bishop and Colorado shooter James Holmes are normal or are their actions clear evidence of mental illness?
- #30 BP Mobile Incident Commander Keith Seilhan talks with oil cleanup workers in Gulf Shores, Alabama, on July 2, 2010. Seilhan is informing the workers that they have BP’s permission to speak to members of the media if they wish. The Deepwater Horizon incident was a harrowing reminder that environmental laws are needed to protect the biosystem both from those who pollute on purpose and from those who are negligent in their handling of dangerous chemicals.
- #41 BP Mobile Incident Commander Keith Seilhan talks with oil cleanup workers in Gulf Shores, Alabama, on July 2, 2010. Seilhan is informing the workers that they have BP’s permission to speak to members of the media if they wish. The Deepwater Horizon incident was a harrowing reminder that environmental laws are needed to protect the biosystem both from those who pollute on purpose and from those who are negligent in their handling of dangerous chemicals.