© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Schmalleger, Criminal Justice: A Brief Introduction, 10e Chapter 3 Criminal Law 1

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Distinguish the various types of law. Describe rule of law. Define law. Identify the 5 categories of crime. CHAPTER OBJECTIVES

© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved CHAPTER OBJECTIVES Distinguish between mala in se and mala prohibita crimes. Explain the 4 general categories of criminal defenses. 3.5 Identify the features of crime

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.1 Define law.

Define Law 5 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 jurisdiction 3.1

Define Law 6 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 courts 3.1

Knowledge Check Question!!! 3.1 Which is the term for the body of law originating from usage and custom rather than from written statutes? 1.Jurisprudence 2. Common law 3. Criminal law 4. Rule of law

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.2 Describe rule of law.

The Rule of Law 9 Rule of law 3.2

Knowledge Check Question!!! 3.2 The rule of law excludes judges from criminal prosecution 1.True 2. False

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.3 Distinguish the various types of law.

Types of Law 12 Criminal law –T–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 –A–Also called penal law Substantive law –T–The part of the law that defines crimes and specifies punishments –F–For example: murder, rape, robbery, and assault 3.3

Types of Law 13 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 transfers 3.3

Types of Law 14 Tort –A–A wrongful act, damage, or injury not involving a breach of contract –A–Also a private or civil wrong or injury –N–Not a crime Parties to a civil suit –P–Plaintiff Who seeks relief –D–Defendant Against whom relief is sought 3.3

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 cases

Types of Law Stare decisis –A–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 –S–Standing by decided matters

Knowledge Check Question!!! 3.3 This term literally means “standing by decided matters.” 1.Stare decisis 2.Jurisprudence 3.Corpus delicti 4.Tort

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.4 Identify the 5 categories of crime

General Categories of Crime 3.4 Inchoate Offenses Inchoate Offenses Offenses/inf raction Mis- demeanors Felonies Treason and Espionage Treason and Espionage

General Categories of Crime Felony –A criminal offense punishable by death or by incarceration in a prison facility for at least one year 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

General Categories of Crime Offenses or infraction –Refers to minor violations of the law that are less serious than misdemeanors –Infractions

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 States

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 offense

Knowledge Check Question!!! 3.4 Infractions are more serious than misdemeanors 1.true 2.false

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.5 Identify the features of crime.

General Features of Crime 3.5 Causation Concurrence Mens Rea Actus Reus Necessary Attendant Circumstances Necessary Attendant Circumstances Punishment Legality Resulting Harm

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 act

General Features of Crime Reckless behavior –A–An activity that increases the risk of harm Criminal negligence –A–A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences Motive –A–A person’s reason for committing a crime –M–Mens rea must generally be inferred from a person’s actions and from all circumstances

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 behavior

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 law

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 state

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 offense

General Features of Crime Types or levels of mens rea –P–Purposeful (or intentional) Action undertaken to achieve some goal Transferred intent –K–Knowing Action undertaken with awareness –R–Reckless –N–Negligent

Knowledge Check Question!!! 3.5 Which of the following is NOT a level or type of mens rea? 1.Purposeful 2.Knowing 3.Reckless 4.All of the above are levels or types of mens rea

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.6 Explain the 4 general categories of criminal defenses

Types of Defenses to a Criminal Charge 3.6 Alibi Justifications Excuses Procedural Defenses

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

Types of Defenses to a Criminal Charge Justifications –A–Admits to committing the act but claims that it was necessary to avoid some greater evil Self-defense is probably the best known of the justifications Defense of others –A–Alter ego rule: 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 –T–The Crown v. Dudley & Stephens Consent Resisting unlawful arrest

Types of Defenses to a Criminal Charge Excuses –D–Duress (sometimes also called coercion) –A–Age –M–Mistake –I–Involuntary intoxication –U–Unconsciousness –P–Provocation –I–Insanity

Procedural Defenses Procedural defenses make 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 offense

Procedural Defenses Collateral estoppel Selective prosecution –F–Fourteenth Amendment guarantee of equal protection of the laws Denial of a speedy trial –S–Sixth Amendment right to a speedy trial Prosecutorial misconduct Police fraud

Knowledge Check Question!!! 3.6 This is a legal defense in which the defendant admits to committing the act is question but claims it was necessary in order to avoid some greater evil. 1.Alibi 2.Excuse 3.Justification 4.None of the above

Knowledge Check Question!!! 3.6 Which of the following is NOT an excuse? 1.Age 2. Unconsciousness 3. Insanity 4. Consent

Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.7 Distinguish between mala in se and mala prohibita crimes.

Mala In Se vs Mala Prohibita Mala prohibita (bad because prohibited) are prohibited by statute but are not inherently evil. mala in se (bad in and of themselves) are considered inherently evil under general community standards.

Knowledge Check Question!!! 3.7 Drug crime is 1.Mala in se 2. Mala Prohibita