1 What is a “law?”  Norms are behavioral codes that guide people into actions that conform to societal expectation Folkways are everyday norms based on custom, tradition, or etiquette (violate somebody’s personal space) Mores are norms based on broad societal morals (illegitimate childbearing) Laws are norms supported by codified social sanctions. BUT: Mores and folkways have always influenced the law

2 Brief History of Law I  2000 BC Earliest Surviving Legal Codes 1750 BC Code of Hammurabi: lex talionis Roman “Twelve Tables”: 451 BC  “Dark Ages” ( AD) Written codes were lost and superstitions and fear of magic dominated thinking.

3  Before the Norman Conquest (1060 AD), the legal system in England was decentralized. Power given to tithings, hundreds and shires. Several legal/court systems were active Wergild (compensation) was divided between the King and victim. Brief History of Law II

4 Development of Common Law  Norman Conquest (1066 AD) William the Conqueror establishes “royal court” Stare decisis became the dominant standard  English common law born during the reign of Henry II ( ) “Circuit Judges” Royal Prosecutors and movement toward national law Development of Jury System

5 Current Types of Law  Criminal Law Procedural vs. Substanitive Statutory vs. Common  Civil Law Tort law

6 Substantive vs. Procedural Law  Substantive Law Written code that defines crimes and punishments  Procedural Law Rules of the court, trials...

7 Common Law v. Statutory Law Common Law is judge-made law. The law is found in previously decided cases. Common Law is judge-made law. The law is found in previously decided cases. Statutory Laws are derived from legislative acts that decide the definition of the behavior that is codified into law. Statutory Laws are derived from legislative acts that decide the definition of the behavior that is codified into law.

8 Criminal and Tort Law  Both seek to control behavior.  Both impose sanctions (punishments)  Similar areas of legal action exist: e.g., personal assaults white-collar offenses like environmental pollution

9 Criminal and Tort Law  A public offense  Enforcement is state business  Punishment is often loss of liberties or sometimes death  Fines go to the state  State doesn’t ordinarily appeal  Proof beyond a reasonable doubt  A civil or private wrong  Individuals bring action  Sanction is normally monetary damages  Both parties can appeal  Individuals receives the compensation for harm done  “Preponderance of the evidence” is required for a decision.

10 Classification of Crime More serious offenses Punishable by death or imprisonment for more than a year in a state prison. FELONY Less serious offenses Punishable by incar- ceration for less than a year in a local jail or house of correction. MISDEMEANOR

11 Types of Crime Mala in Se Illegal acts rooted in the core values inherent in Western civilization. Also referred to as “natural law” Mala Prohibitum Violations of law that reflect current public opinion and social value. Also called “statutory crime”

12  Actus Reas Physical act must be voluntary If crime is“Failure to act,” there must be legal obligation. Statutory Obligation, Relationship between parties, Contract  Mens Rea General or specific intent Transferred Intent Negligence Strict Liability Offenses A criminal law must indicate a type of intent and a specific behavior

13 Specific Criminal Defenses  Deny the Actus Reas (I didn’t do it)  Deny the Mens Rea Ignorance / Mistake Intoxication? Insanity Defense

14 The Dreaded “INSANITY PLEA”  Insane in the Membrane? “Insanity” is a legal, not clinical term Different States have different insanity rules: M’Naghten Rule Irresistible Impulse Test Substantial Capacity Test  Reality? Defense used in < 1% of cases Successful in very few cases When “successful?” But, Kernel of Truth…

15 Other Specific Criminal Defenses  Justifications: Acknowledge actus reas and mens rea, but… Necessity Duress Self-defense Entrapment Exotic Defenses (PMS, PTSS…insert your favorite acronym here)