Substantive Criminal Law

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Exploring Our Course Syllabus

Chapter 1: The Nature, Purpose, and Function of Criminal Law Chapter 2: Constitutional Limitations Chapter 3: Punishment and Sentencing Chapter 4: Actus Reus Chapter 5: Mens Rea, Concurrence, Causation Chapter 6: Parties to Crime and Vicarious Liability Chapter 7: Attempt, Conspiracy, and Solicitation Chapter 8: Justifications Chapter 9: Excuses Chapter 10: Criminal Sexual Conduct, Assault and Battery, Kidnapping, and False Imprisonment Chapter 11: Homicide Chapter 12: Burglary, Trespass, Arson, and Mischief Chapter 13: Crimes Against Property Chapter 14: White-Collar Crime Chapter 15: Crimes Against Public Order and Morality Chapter 16: Crimes Against the State Text: Lippman, Matthew: Contemporary Criminal Law, 2e

Webster Definitions Substantive: Having or expressing substance Substantive: Having or expressing substance Criminal: relating to, involving, or being a crime Criminal: relating to, involving, or being a crime Law: a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority; the whole body of such customs, practices, or rules Law: a binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority; the whole body of such customs, practices, or rules

Substantive Criminal Law WHAT Law Is Enforced !

Substantive Criminal Law Determines the written code for a crime Determines the written code for a crime Determines the punishment for violating that crime Determines the punishment for violating that crime

Chapter 1 The Nature, Purpose, and Constitutional Context of Criminal Law

A Few Reminders... It is important that you understand the difference between criminal acts and acts that are merely deviant or antisocial (yet not criminal). It is important that you understand the difference between criminal acts and acts that are merely deviant or antisocial (yet not criminal). It is important that you grasp the differences between criminal and civil law. Realize that there are 51 different sets of law in the country (states and fed) and you may feel overwhelmed. It is important that you grasp the differences between criminal and civil law. Realize that there are 51 different sets of law in the country (states and fed) and you may feel overwhelmed. We will do all we can to keep things simple! We will do all we can to keep things simple!

It is important that they realize that most state codes are similar and that all they will be responsible for are general trends in the law.

Lippman, Contemporary Criminal Law, Second Edition Chapter Summary  The nature of criminal law  Criminal and civil law  The purpose of criminal law  Principles of criminal law  Categories of crime  Source of criminal law

Lippman, Contemporary Criminal Law, Second Edition Introduction Criminal Law is the foundation of the criminal justice system. Criminal Law is the foundation of the criminal justice system. Law defines conduct that may lead to: Law defines conduct that may lead to: arrest by the police arrest by the police trial before the courts trial before the courts incarceration in prison incarceration in prison

Lippman, Contemporary Criminal Law, Second Edition Nature of Criminal Law Crime: Whatever the law declares to be a criminal offense and punishes with a penalty Crime: Whatever the law declares to be a criminal offense and punishes with a penalty Crime is also an act condemned by the community committed against the community. Crime is also an act condemned by the community committed against the community.

Lippman, Contemporary Criminal Law, Second Edition What is Criminal? Stealing from a convenience store? Stealing from a convenience store? Cheating on one’s spouse? Cheating on one’s spouse? Cheating on an exam? Cheating on an exam? Cheating on one’s taxes? Cheating on one’s taxes? Littering? Littering?

Lippman, Contemporary Criminal Law, Second Edition Criminal and Civil Law Civil Law: the branch of the law that protects the individual rather than the public interest Civil Law: the branch of the law that protects the individual rather than the public interest Civil cases are brought by a party or an individual against another party or individual. Civil cases are brought by a party or an individual against another party or individual. Burden of Proof: Burden of Proof: Criminal Cases: Beyond Reasonable Doubt Criminal Cases: Beyond Reasonable Doubt Civil Cases: By a Preponderance of the Evidence Civil Cases: By a Preponderance of the Evidence Tort: a civil wrong of harm committed against a person or a person’s property Tort: a civil wrong of harm committed against a person or a person’s property

Lippman, Contemporary Criminal Law, Second Edition Purpose of Criminal Law Help to maintain social order and stability Help to maintain social order and stability Key aspects of the criminal legal code in NY: Key aspects of the criminal legal code in NY: to prevent harm to prevent harm provide warning of criminal acts provide warning of criminal acts define criminal acts define criminal acts distinguish seriousness of criminal acts distinguish seriousness of criminal acts impose punishments impose punishments insure victims’ interests are represented in the process insure victims’ interests are represented in the process

Lippman, Contemporary Criminal Law, Second Edition Principles of Criminal Law Substantive Criminal Law: what law is enforced Substantive Criminal Law: what law is enforced Procedural Criminal Law: how the law is enforced Procedural Criminal Law: how the law is enforced Criminal Act: actus reus Criminal Act: actus reus Criminal Intent: mens rea Criminal Intent: mens rea Causation: act must cause the harm required Causation: act must cause the harm required Responsibility: act and intent must be defined in the statute Responsibility: act and intent must be defined in the statute Defenses: guilt is not imposed in the act was shown to be either justified or excused Defenses: guilt is not imposed in the act was shown to be either justified or excused

Substantive Criminal Law WHAT Law Is Enforced !

Lippman, Contemporary Criminal Law, Second Edition Categories of Crime Felony: a serious crime punishable by death or imprisonment for more than one year Felony: a serious crime punishable by death or imprisonment for more than one year Misdemeanor: a more minor offense punishable by up to one year in jail Misdemeanor: a more minor offense punishable by up to one year in jail Mala in se: a crime that is inherently evil Mala in se: a crime that is inherently evil Mala prohibita: a crime that is such because society has prohibited it Mala prohibita: a crime that is such because society has prohibited it

Lippman, Contemporary Criminal Law, Second Edition Subject Matter of Crimes Crimes against the state Crimes against the state Crimes against the person, homicide Crimes against the person, homicide Crimes against the person, sexual offenses and other crimes Crimes against the person, sexual offenses and other crimes Crimes against habitation Crimes against habitation Crimes against property Crimes against property Crimes against public order Crimes against public order Crimes against the administration of justice Crimes against the administration of justice Crimes against public morals Crimes against public morals

Lippman, Contemporary Criminal Law, Second Edition Sources of Criminal Law English and American Common Law English and American Common Law State Municipal Codes State Municipal Codes Municipal Ordinances Municipal Ordinances Federal Criminal Code Federal Criminal Code State and Federal Constitutions State and Federal Constitutions International Treaties International Treaties Judicial Decisions Judicial Decisions

Sources of Criminal Law English and American common law: judge- made laws and English acts of Parliament. English and American common law: judge- made laws and English acts of Parliament. State criminal codes: a comprehensive set of laws on crime and punishment for each state. State criminal codes: a comprehensive set of laws on crime and punishment for each state. Municipal ordinances: relatively minor, local crimes defined by cities, towns, and counties. Municipal ordinances: relatively minor, local crimes defined by cities, towns, and counties. Federal criminal code: criminal laws enacted by the federal government as allowed by the U.S. Constitution.

State and federal constitutions: together, these constitutions establish limits on the power of each government to enact criminal laws. International treaties: international treaties signed by the U.S. to establish crimes such as genocide, torture, and war crimes, which are used, in turn, to establish federal crimes against such acts when American citizens are involved. Judicial decisions: opinions written by judges explaining the meaning of criminal laws and determining whether such laws meet the requirements for state and federal constitutions.

Lippman, Contemporary Criminal Law, Second Edition Common Law Foundation of American criminal law Foundation of American criminal law Transported from England to the American colonies Transported from England to the American colonies Established in the eleventh century by King William the Conqueror in England Established in the eleventh century by King William the Conqueror in England Established to provide uniform law to be enforced by English judges Established to provide uniform law to be enforced by English judges

Lippman, Contemporary Criminal Law, Second Edition State Criminal Codes Established under the belief that citizens should have the opportunity to know the law Established under the belief that citizens should have the opportunity to know the law As America and her legal code grew, common law was slowly abandoned. As America and her legal code grew, common law was slowly abandoned. Some states, such as Florida, have remained common law states, using a reception statute. Some states, such as Florida, have remained common law states, using a reception statute. Other states, such as California, have completely eliminated common law and established a code jurisdiction instead. Other states, such as California, have completely eliminated common law and established a code jurisdiction instead.

Lippman, Contemporary Criminal Law, Second Edition State Police Power Police Power: the “duty... to protect the well- being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring evil or harm to its people” Police Power: the “duty... to protect the well- being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring evil or harm to its people”

Lippman, Contemporary Criminal Law, Second Edition Model Penal Code A purely advisory penal code established in 1962 by the American Law Institute for the purpose of unifying criminal law across the states. A purely advisory penal code established in 1962 by the American Law Institute for the purpose of unifying criminal law across the states. Established in 1962 for the purpose of unifying criminal law across the states Established in 1962 for the purpose of unifying criminal law across the states Roughly 37 states have adopted varying parts of the code. Roughly 37 states have adopted varying parts of the code. No state has adopted the entire code. No state has adopted the entire code.

Federal Statutes Criminal laws enacted by the federal government as allowed by the U.S. Constitution. It includes laws punishing acts such as tax evasion, mail fraud, and immigration. Criminal laws enacted by the federal government as allowed by the U.S. Constitution. It includes laws punishing acts such as tax evasion, mail fraud, and immigration. Supremacy clause: federal law is superior to state law within those areas that are related to the preservation of the national government (a.k.a. the preemption doctrine) Supremacy clause: federal law is superior to state law within those areas that are related to the preservation of the national government (a.k.a. the preemption doctrine) Interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce Interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce Dual sovereignty: the sharing of powers between the federal and state governments Dual sovereignty: the sharing of powers between the federal and state governments

Lippman, Contemporary Criminal Law, Second Edition Constitutional Limitations State and local laws may not regulate an area that is reserved for the federal government. State and local laws may not regulate an area that is reserved for the federal government. Federal laws may not encroach upon state power. Federal laws may not encroach upon state power. Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances. Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances. Laws must be clearly written and provide notice to citizens and to the police of the conduct that is prohibited. Laws must be clearly written and provide notice to citizens and to the police of the conduct that is prohibited.

Lippman, Contemporary Criminal Law, Second Edition Constitutional Limitations, cont. Laws must be nondiscriminatory and may not impose cruel unusual punishment. Laws must be nondiscriminatory and may not impose cruel unusual punishment. Laws may also not be retroactive and punish acts that were not crimes and the time they were committed (ex post facto). Laws may also not be retroactive and punish acts that were not crimes and the time they were committed (ex post facto).

Our Framework... Exploring WHAT Laws Are Enforced...

Video Review: Schoolhouse Rock- How a Bill Becomes a Law mEJL2Uuv-oQ&feature=related mEJL2Uuv-oQ&feature=related

Discussion Points WHAT Laws Are Enforced? WHO Benefits From Laws Being Enforced? WHY Aren’t All Laws Enforced Equally? WHEN Are Laws Unequally Enforced?