CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Criminal Law CHAPTER 4

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ A law is a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. Laws channel human behavior while they simultaneously constrain it, and they empower individuals while contributing to public order. Law

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Laws help to:  Maintain order.  Regulate human interaction.  Enforce moral beliefs.  Define the economic environment.  Enhance predictability.  Support the powerful.  Promote orderly social change.  Sustain individual rights.  Redress wrongs.  Identify wrongdoers.  Mandate punishment and retribution. What Do Laws Do?

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Laws are found in statutory provisions and constitutional enactments, as well as hundreds of years of rulings by courts at all levels. Statutory law is the written or codified law: the “law on the books,” as enacted by a government body or agency having the power to make laws.  The written form of criminal law is called the penal code. Where are our laws?

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Courts interpret the statutory laws. Case law—law that results from judicial decisions.  Judicial precedent  Built on legal reasoning and past interpretations of statutory law  Guides decision making, especially in the courts. Common law — the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, which may be supported by judicial decisions. Interpreting Statutory Law

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The rule of law holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. The Rule of Law

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The philosophy of the law or the science and study of the law, including the rule of law. Jurisprudence

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Types of Law  Criminal law  Civil law  Administrative law  Case law  Procedural law

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Criminal Law Criminal law (also known as penal law) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order.  Crimes injure not just individuals, but society as a whole.  Punishment for violators of criminal law is justified by the fact that the offender intended the harm and is responsible for it.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Written Criminal Law There are two types of written criminal law: 1.Substantive law—describes which acts constitute crimes and specifies punishments for those acts. 2.Procedural law—specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Civil Law Civil law governs relationships between parties and provides a formal way to regulate non-criminal relationships between people, businesses, other organizations, and agencies of government.  A violation of this law is often called a tort.  Civil law is concerned more with liability than intent.  The result can be an injunction or a loss of money.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Administrative Law Administrative law is the body of regulations that governments create to control the activities of businesses, industry, and individuals.  Can overlap with criminal law.  Regulatory boards are given authority to make rules and to set standards.  Administrative agencies may arrange binding settlements on law violators.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Case Law Case law comes from judicial decisions. It is referred to as the law of precedent. Under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations.  Requires that courts in subsequent cases on similar issues of law and fact be bound by their own earlier decisions and by those of higher courts within their jurisdiction.  Creates predictability in the law.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Procedural law is a type of statutory law that regulates the processing of an offender by the criminal justice system. It includes:  General rules of evidence  Search and seizure  Procedures to be followed during and after an arrest Procedural laws balance suspects’ rights against the state’s interested in speedy and efficient case processing. Procedural Law

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ General Categories of Crimes There are many different types of crimes, which vary in severity. Five categories of violations are: 1. Felonies 2. Misdemeanors 3. Offenses (infractions) 4. Treason and espionage 5. Inchoate offenses

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Felonies Felonies are serious crimes that are punishable by a year or more in prison or by death.  Convicted felons may lose certain privileges  States vary with regard to which crimes are considered felonies  Many states and the federal government use a number or letter scheme to differentiate among the varying degrees of severity of felony crimes.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Misdemeanor Misdemeanors are less serious crimes that are punishable by up to a year in a local correctional facility.  Most misdemeanants receive a fine and probation.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Offenses Offenses are violations of the criminal law.  Technically all crimes are offenses, but the term “offense” is also used specifically to refer to minor violations of the law that are less serious than misdemeanors.  Another word for such minor law violations is infraction.  People committing infractions are usually given a ticket and released until court.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Treason and Espionage Treason and espionage are serious felonies.  Treason—a U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States.  Espionage—gathering, transmitting, or losing information relating to national defense in such a manner that the information becomes available to enemies of the U.S. and may be used to their advantage.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Inchoate Offenses Inchoate offenses are offenses not yet completed.  Consists of an action or conduct that is a step toward the intended commission of another offense.  Examples: conspiracies and attempts.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ General Features of Crime The essence of crime consists of three elements: 1. Actus reus (the criminal act) 2. Mens rea (a culpable mental state) 3. Concurrence of the two

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The Criminal Act Actus reus—the guilty act  There has to be an act. Thoughts alone are not sufficient to constitute a crime.  To be something (like a drug addict) is not enough.  Actus reus can include:  Threats  Omission to act  Attempted criminal acts  Conspiracies

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ A Guilty Mind (Mens Rea) Mens rea refers to a person’s mental state at the time the act was committed. There are four levels of mens rea: 1.Purposeful 2.Knowing 3.Reckless 4.Negligent Mens rea is not the same as motive.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Concurrence Concurrence requires that the guilty mind and guilty act occur together for a crime to take place.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Elements of a specific crime are the essential features of a given crime, as specified by law or statute. For example, the elements of first-degree murder might be: 1) an unlawful killing, 2) of a human being, 3) intentionally, 4) by another person, and 5) with malice. To convict someone of a particular crime, each element must be proven beyond a reasonable doubt. Elements of a Specific Crime

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The Corpus Delicti of a Crime Corpus delicti literally means the “body of crime.” A person cannot be tried for a crime unless it can first be proven that:  A criminal law has been violated, and  A person is criminally responsible.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Types of Defenses to a Criminal Charge Those who are charged with a crime typically offer some defense attempting to show why they should no be liable for a criminal charge. There are four broad categories of defenses: 1.Alibi 2.Justifications 3.Excuses 4.Procedural defenses

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Alibi An alibi is a statement or contention by the defendant stating that he or she could not have committed the crime in question because he or she was somewhere else at the time of the crime.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Justifications With justification defenses, defendants admit committing the offense, but believes that they should not be held criminally responsible because of a legally sufficient justification for their actions (lesser of two evils). Examples: Self-defenseNecessity Defense of othersConsent Defense of home and property Resisting unlawful arrest

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Self-defense makes the claim that it was necessary to inflict pain on another to ensure one’s own safety in the face of near-certain injury or death.  Retreat rule—If the opportunity to escape exists, then the courts require that the victim take that opportunity and flee.  If the opportunity to flee does not exist, then the victim can use reasonable force to defend herself. Self-Defense

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ You may use reasonable force to defend others who are or who appear to be in imminent danger.  Sometimes called the alter ego rule.  Defense of others does NOT include entering an illegal fight to help a family member or friend. Defense of Others

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Most jurisdictions allow for the use of reasonable, non-deadly force in defense of one’s property. If that property is one’s home, the castle exception to the retreat rule applies.  It is not necessary to retreat from one’s own home before resorting to deadly force in the face of an immediate threat.  A “home” is one’s dwelling, whether owned, rented, or borrowed. Defense of Home and Property

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ One can sometimes violate the law when the purpose of the action is to prevent even greater harm. Courts have a difficult time with this defense, especially when it results in a person’s death. Necessity

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ If harm comes to an individual after she agreed to participate in the activity, then the question that is raised is this:  Was a crime committed if the victim gave her consent? Example: victim dies during “rough sex.” Consent

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ A person has the right to resist arrest if the arrest is unlawful. Resisting Unlawful Arrest

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Excuses With excuse defenses, defendants admit committing the offense, but believe that they should not be held criminally responsible because of some personal condition or circumstance at the time of the act. Examples: DuressProvocation AgeInsanity MistakeDiminished capacity Involuntary intoxicationMental incompetence Unconsciousness

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Duress is an unlawful threat or coercion that induces a person to act in a way they normally would not act.  Often not a useful defense when serious physical harm ensues. Duress

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Age Age is an excuse defense commonly called “infancy.” It is rooted in the belief that children cannot logically reason until around age seven. Therefore, only older children may be held responsible for crimes.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Mistake Two types of mistakes serve as defenses: 1. Mistake of law - Rarely acceptable 2. Mistake of fact - Understanding of facts is incorrect

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Involuntary Intoxication Sometimes, people are tricked into consuming intoxicating substances.  Drugs or alcohol (though being “tricked” into consuming alcohol may be difficult to prove)

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Unconsciousness A person cannot be held responsible for anything he or she does while unconscious. Examples:  Sleepwalking  Epileptic seizures  Neurological dysfunction

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Provocation Provocation recognizes that a person can be emotionally enraged by another who may intend to elicit just such a reaction.  It is more acceptable in minor offenses.  Sometimes used in cases where a wife kills her husband or a child kills her father after claiming years of abuse.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ  M’Naghten rule  Irresistible impulse  Durham rule  Substantial capacity test  Brawner rule  Guilty, but mentally ill  Temporary insanity  Diminished capacity Insanity Insanity is a legal definition, not a psychiatric one. Several different interpretations of insanity exist, for example:

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ M'Naghten Rule According to the M'Naghten Rule a person is not guilty of a crime if, at the time of the event, they either did not know what they were doing, or did not know that what they were doing was wrong.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Irresistible Impulse … defendant knows what he is doing and knows that it is wrong, but cannot help himself.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Durham Rule … a person is not criminally responsible for their behavior if their illegal action was the result of some mental disease or defect.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The Substantial Capacity Test … a person lacked the substantial capacity to control his or her behavior.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Brawner Rule The Brawner Rule places responsibility for deciding insanity squarely on the shoulders of the jury.  The jury decides if a defendant can be justly held responsible for a criminal act.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Guilty but Mentally Ill (GBMI) The public is not always satisfied that justice has been served in cases where the defendant was determined not criminally responsible due to insanity. “Guilty but mentally ill” was created in response to this frustration. This can be established if: 1.Every element necessary for a conviction has been proven beyond a reasonable doubt; 2.Defendant is found mentally ill at time of offense; and 3.Defendant is found NOT to have been legally insane at time crime was committed.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Temporary Insanity Offender claims to only have been insane at the time of the offense.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ The Insanity Defense under Federal Law The federal Insanity Defense Reform Act (IDRA) was passed in IDRA places the burden of proof of insanity on the defendant. Insanity is defined as: a condition in which the defendant can be shown to have been suffering under a “severe mental disease or defect” and as a result, “was unable to appreciate the nature and quality or the wrongfulness of his acts.”

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Diminished Capacity Diminished capacity, or diminished responsibility, is based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crimes.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Mental Incompetence Sometimes courts find suspects “incompetent to stand trial.”  A person deemed competent to stand trial must be capable of understanding the nature of the proceeding and must be able to assist in his or her own legal defense.  Assesses the suspect’s condition immediately before trial.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Procedural Defenses With procedural defenses, defendants claim that they were in some way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged. Examples: EntrapmentDenial of speedy trial Double jeopardyProsecutorial misconduct Collateral estoppelPolice fraud Selective prosecution

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Entrapment Entrapment occurs when agents of law enforcement improperly or illegally induce a person to commit a crime that he or she would not otherwise have committed.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Double Jeopardy The Fifth Amendment prohibits double jeopardy. A person cannot be tried twice for the same crime. Double jeopardy does not apply:  In cases of trial error  When there’s been a hung jury  When it has been declared a mistrial One may still be tried:  In both federal and state courts  In both civil and criminal courts

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Collateral Estoppel Similar to double jeopardy.  Facts that have already been determined by a “valid and final judgment” cannot become the object of a new litigation.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Selective Prosecution Based on the Fourteenth Amendment’s equal protection clause, selective prosecution may be used in cases where more than one person was suspected but not actively pursued.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Denial of a Speedy Trial The Sixth Amendment guarantees the right to a speedy trial.  The federal government and most states have laws (speedy trial acts) that set a reasonable period for a trial to be considered speedy.  If the limit is exceeded, the person is set free and no trial can occur.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Prosecutorial Misconduct Acts of prosecutorial misconduct are those undertaken by prosecutors that give the government an unfair advantage or that prejudice the rights of a defendant or a witness.

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Police Fraud Police fraud include allegations that the police violated the law, as with planting evidence.