The Role of Law in Criminal Justice Unit 11

Development of Law Historical Sources Natural law Early Roman law Common law Old and New Testament Magna Carta Religious belief and practice

Development of Law Modern Sources of American Law U.S. Constitution Declaration of Independence statutes case law

English Common Law The English common law originated from usage and custom rather than from written statutes. It is an unwritten body of judicial opinion developed by English courts.

based upon non-statutory customs, traditions, and precedents English Common Law based upon non-statutory customs, traditions, and precedents

U.S. Constitution It is the final authority in all questions pertaining to the rights of individuals, power of the federal government and the states to create laws.

Natural Law mala in se: Behaviors that are wrong in themselves, i.e., murder, rape, theft, arson and assault. mala prohibita: Behaviors that are wrong only because they are prohibited by law , such as public drunkenness and vagrancy.

Types of Law criminal law civil law substantive law administrative law procedural law case law

Criminal Law Criminal law represents the power of government to prevent and punish socially harmful behavior. Criminal law views society as the injured party. Violation of criminal law shows anti-social behavior that is an affront to society and undermines social order.

Criminal Law A government may incarcerate violators of criminal law.

Civil Law Civil law covers legislated rules that govern private wrongs. An individual is the plaintiff. A violation of this law is often called a tort. Civil law includes breaches of contract, contested will, trusts, etc. The result is often loss of money only.

Substantive Law Written law that includes the violation as well as the punishment.

Administrative Law Rulings are made by government agencies. This type of law is not usually directed at criminal violations Regulatory boards are given authority to make rules and to set standards.

Case Law The body of judicial precedent that is historically built upon legal reasoning and past interpretations of statutory laws. Case law serves as a guide to decision making, especially in the courts.

Procedural Law Procedural law is the body of rules that regulates the processing of an offender by the criminal justice system. It includes general rules of evidence, search and seizure, and procedures following an arrest.

Categories of Crime felonies misdemeanors infractions treason inchoate offenses

Felony It’s more serious than a misdemeanor. Felonies are punishable by a year and a day or more in a state prison. Fines can be levied. Capital punishment exist in Virginia for specific felony offenses.

Misdemeanor An offense, punishable by incarceration in a local jail for a year or less fine other punishment at the discretion of the judge.

Infraction Usually a traffic offense. Usually does not result in a custodial arrest. Fines are usually levied.

Treason “A U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States.” Also, the attempt to overthrow the government of the society of which one is a member. It’s the only crime specifically mentioned in the United States Constitution.

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.

Elements of a Crime actus reus - the criminal conduct or action that is prohibited mens rea - refers to the criminal intent or state of mind.

Actus Reus an action. It is an intentional or criminally negligent action or inaction of a person that causes harm. Possession is considered an action.

Actus Reus Action Inaction or omission - child neglect Possession - of a firearm - of drugs - of stolen property

Mens Rea “guilty mind” intent to commit a crime based on assumption that people have the ability to make reasonable decisions about right and wrong

Mens Rea General intent - the intent to do something prohibited by law. Specific intent - the intent to so something in addition to the original act. (EX. B&E and Larceny) Criminal Negligence - must display a wonton reckless disregard for others.

Breaking and Entering A guilty mind and guilty act must occur together to be able to obtain a conviction.

Robbery It means there is a clear link between crime and harm. The offender’s action or inaction caused harm.

Strict Liability Occurs in cases where guilty mind is not required. justification - Proving intent in these types of cases is nearly impossible. purpose - To protect the public. Some examples include: traffic laws narcotics laws health and safety regulations

Types of Defenses alibi justifications excuses procedural defenses

Excuse Some particular personal condition was occurring at the time, such that the defendant should not be held responsible. Judges and jurors must decide if harm committed outweighed the coercive influence.

Excuse: Duress It’s often called “coercion.” Duress is an unlawful threat that induces a person to act in a way they normally do not act. It is often not a useful defense when used to commit serious physical harm.

Excuse: Age Typically, children under age 7 are deemed not to form reason of intent. Therefore, children under age 7 cannot be charged with an offense. When individuals are above age 7 and below age 18, they are typically charged as a juveniles. When individuals are above age 18, they are charged as adults.

Excuse: Mistake mistake of law: Ignorance of law is no excuse. mistake of fact: Specific fact about a case is incorrect.

Excuse: Involuntary Intoxication Drugs or alcohol may produce intoxication. People can be “tricked” into consuming alcohol or drugs. It can be used as a defense to exonerate.

Excuse: Unconsciousness Individual cannot be held responsible for anything s/he does while unconscious. It’s rarely used as a defense. Examples: sleepwalking epileptic seizures neurological dysfunction

Legal definition of insanity, not a psychiatric one: Excuse: Insanity Legal definition of insanity, not a psychiatric one: M’Naghten rule irresistible impulse Durham rule substantial capacity test Brawner rule guilty but insane temporary insanity diminished capacity

Excuse: Provocation It’s more acceptable in minor offenses. It’s sometimes used in cases where a wife kills her husband or a child kills her father after claiming years of abuse.

Alibi A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his/her participation in the commission of that crime was impossible.

Justification A person admits that s/he committed the crime, however, s/he believes s/he should not be held responsible because s/he has a justification for why s/he did what s/he did.

Justification Types of Justifications: self defense defense of others defense of home or property necessity consent

Justification: Self Defense retreat rule - If the opportunity to escape the situation exists, then the courts require that the victim take that opportunity and flee. THIS WAY OUT

Justification: Self Defense If the opportunity to flee does not exist, then the victim can use proportionate force to defend him/herself.

Justification: Defense of Others You have the option of defending another if the person you are defending is a victim and is free from fault.

Justification: Defense of Others Defense of others does NOT include entering an illegal fight to help a family member or friend.

Justification: Defense of Home & Property Most jurisdictions allow for the defense of property. The use of deadly force is not allowed when it comes to the defense of property.

Justification: Necessity One can commit a crime when the purpose of the action is to prevent even greater harm.

Justification: Necessity Courts have a difficult time with this defense, especially when it results in the death of an individual.

Justification: Consent If harm comes to an individual after s/he agreed to participate in the activity, then the question that is raised is:

Justification: Consent Has there really been a crime committed if the victim gave her/his consent?

Justification: Resisting Unlawful Arrest A person has the right to resist arrest if the arrest is unlawful.

Excuse: M’Naghten Rule 1844 - The first person found not guilty by reason of insanity was Daniel M’Naghten. A person is not guilty of a crime if, at the time of the crime, they either did not know what they were doing, or did not know what they were doing was wrong.

Excuse: Irresistible Impulse Defendant knows what he/she is doing, knows it is wrong, but cannot help her/himself. Approximately 18 states use this rule.

Excuse: Durham Rule created 1871 by New Hampshire Court adopted by Washington D.C. judge who made rule famous (1952)

Excuse: Durham Rule A person is not criminally responsible for their behavior if their illegal actions were the result of some mental disease or defect.

Excuse: Brawner Rule The rule was created in 1972 by same Washington, D.C. judge who made Durham Rule famous. It 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.

Excuse: Guilty but Insane This excuse is possible in 11 states. The jury must return a finding of “guilty but mentally ill” if: every element necessary for a conviction has been proven beyond a reasonable doubt; defendant found mentally ill at time of offense; and defendant found NOT to be legally insane at time crime was committed.

Procedural Defenses entrapment double jeopardy collateral estoppel selective prosecution

Procedural Defenses denial of a speedy trial prosecutorial misconduct police fraud