Slide 1 I. The Nature of Criminal Law A.Distinguish between criminal law and civil law. B.Identify functions of criminal law. C.Identify sources of criminal law. D.Define crime and criminal conduct. E.Classify types of crime. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law Lesson Objectives

Slide 2 I. The Nature of Criminal Law A.Criminal law v. Civil law 1)Criminal law involves behavior that violates the rules of society. 2)Accordingly, a crime is considered an offense against society or a “public wrong”. 3)Civil law involves offenses against individuals or “private wrongs”. CAN AN OFFENSE VIOLATE BOTH CRIMINAL LAW AND CIVIL LAW? BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 3 I. The Nature of Criminal Law A.Criminal law v. Civil law 1.Criminal law encompasses both substantive criminal law and procedural criminal law.. 2. Substantive law defines proscribed behaviors and specifies penalties. a) Laws concerning murder, rape, and robbery are substantive in that they define the elements of the crime. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 4 I. The Nature of Criminal Law A.Criminal law v. Civil law 3. Procedural law consists of rules stating how the government proceeds against an individual accused of committing a crime. a) Right to a trial by jury, the right to counsel, the right to appeal, and the right to face one's accusers are just a few examples of procedural law. 4.Violations of these rights by the government are violations of due process and can result in a case being retried or even dismissed. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 5 I. The Nature of Criminal Law B. Functions of Criminal Law 1.Criminal law serves several purposes and benefits society in the following ways: a) Maintaining order b) Resolving disputes c) Protecting individuals and property d) Providing for smooth functioning of society e) Safeguarding civil liberties BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 6 I. The Nature of Criminal Law C.Sources of Criminal Law 1.Common law-Laws based on customs of the people 2.Constitutions-Written document establishing rule of law in a society 3.Statutes, ordinances and Administrative rules- Written procedural and substantive laws 4.Case law-Law based on previously decided cases BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 7 I. The Nature of Criminal Law D.Define crime and criminal conduct 1.Crime is an intentional act or omission in violation of criminal law committed without defense or justification. 2.Crimes are categorized as either misdemeanors or felonies. a) Misdemeanors are minor crimes punishable by confinement in a local jail for less than one year. Examples include petty theft, simple assault, disorderly conduct, and disturbing the peace. b) Felonies are serious crimes punishable by death or incarceration in a prison for at least a year. Examples include murder, rape, robbery, and burglary. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 8 I. The Nature of Criminal Law E. Types of crime 1. Drug crimes -offenses connected with the use, transportation, purchase, and sale of illegal drugs. 2. Street crime -predatory crime—rape, robbery, assault, burglary, larceny, and auto theft. 3. Organized crime -unlawful activities of members of criminal organizations. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law

Slide 9 I. The Nature of Criminal Law E. Types of crime 4. Political crime -both crimes by the government and crimes against the government. 5. Victimless crime -Consensual acts where perpetrator is hurt…drug use. 6. White-collar crime -White-collar criminals behave in unethical ways for self-gain. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law