1 Book Cover Here Chapter 15 CRIME AND CONSTITUTIONAL LAW The Foundations of Criminal Investigation Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition Copyright © 2014, Elsevier Inc. All Rights Reserved

2 Crime Defined An act committed or omitted in violation of law forbidding or commanding it, and for which punishment is imposed upon conviction. Copyright © 2014, Elsevier Inc. All Rights Reserved

3 Crime The legislature defines crime by enacting penal statutes that govern behavior for which punishment can be meted out – Behavior can be viewed as: Inherently bad Against public policy – Public perception of crime varies over time and across cultures. (i.e. Gambling, Prostitution, Abortion) Copyright © 2014, Elsevier Inc. All Rights Reserved

4 Crime and Law Criminal Law – Substantive Criminal Law The Elements of a Crime - Specific Behavior(s) Corpus Delicti (Body of the Crime) – Procedural Criminal Law (To obtain a conviction.) Case Law (Court Decisions) The “Model” Penal Code Sources of State Law: Statutes, Case Law. Copyright © 2014, Elsevier Inc. All Rights Reserved

5 Substantive Criminal Law Describes the forbidden acts and the punishment to be inflicted when the law is broken Felonies – Crimes of more serious nature – Punishable by death or imprisonment for more than one year. – Convicted felon is prohibited from holding public office or engaging in a licensed occupations, possessing guns. Misdemeanors – Less serious – Imprisonment for less than a year or by a fine, or both Copyright © 2014, Elsevier Inc. All Rights Reserved

6 Elements of a Crime “Elements of the crime” describes the specific acts that, taken together, compose the crime If each and every element of a crime is not proved, a defendant cannot be convicted for that crime Corpus Delicti – Each element of the crime is satisfied – Someone is responsible for inflicting the injury or loss that was sustained When the state has proved the corpus delicti beyond a reasonable doubt, the prosecutor has met the burden of proof required for a jury (or judge) to convict. Copyright © 2014, Elsevier Inc. All Rights Reserved

7 Procedural Criminal Law Flows from the Constitutions of the United States and the respective states. Supreme Court interprets the U.S. Constitution or exercises its supervisory power over the federal system of criminal justice. Bill of Rights: – Actions permitting or forbidding the government in criminal matters are spelled out in the Fourth to Ninth Amendments. Copyright © 2014, Elsevier Inc. All Rights Reserved

8 Model Penal Code Proposed in 1962 by the American Law Institute (ALI) in an effort to make criminal laws more uniform – Intended to bring a unified approach to criminal law through an examination of its philosophical foundations, the elements that defined specific crimes, and the provisions for sentencing and correction Has not been widely accepted, though some aspects have found their way into the criminal law of some states. Copyright © 2014, Elsevier Inc. All Rights Reserved

9 Theories on Crime Classical School of Thought Psychological Approaches Attachment Behavioral Social Structure Environmental Strain/General Strain Culture Conflict Social Process Differential Reinforcement Social Control Labeling Life-Course General Theory of Crime Conflict Copyright © 2014, Elsevier Inc. All Rights Reserved

10 Constitutional Law Control Over Investigations (Limitations on Govt.) – Criminal Justice in the Articles and Amendments – The Bill of Rights Copyright © 2014, Elsevier Inc. All Rights Reserved

11 The Supreme Court and Criminal Justice Congress is given the power to define what the appellate jurisdiction or the court will be. – The legislative branch may increase or decrease this function of the Court as it sees fit, however, it has been reluctant to do so. – If the issue is one of interpretation: whether a law or procedure — either state or federal — is in accord with the Constitution, then the power of the Court is beyond the reach of the Congress Incorporating the Bill of Rights through the Fourteenth Amendment. (Applies to state agents.) Copyright © 2014, Elsevier Inc. All Rights Reserved

12 The Bill of Rights The first 10 amendments were adopted in (Promised, in an effort to have the Constitution ratified.) Past Supreme Court decisions having the greatest influence on investigative practice are based on the Fourth, Fifth, Sixth, and Eighth Amendments. Copyright © 2014, Elsevier Inc. All Rights Reserved

13 Milestone Decisions Affecting Investigative Practice Criminal law issues are decisions of two kinds: – Those unwittingly created by police behavior. – Those involving apparently new interpretations of law or custom as urged by defendants through their attorneys. Rochin v. California (1952) Gideon v. Wainwright (1963) Copyright © 2014, Elsevier Inc. All Rights Reserved

14 Evolution of “Probable Cause” Statutory authority for police officers to make arrests without a warrant is generally restricted to crimes committed in their presence, or to cases in which they have reasonable grounds for believing a person has committed (or is committing) a felony. Probable cause appears in the Fourth Amendment. Crucial to law enforcement officers, this constitutional imperative governs arrests or searches with or without warrants. Copyright © 2014, Elsevier Inc. All Rights Reserved

15 Probable Cause Cases Ker v. California (1963) Locke v. United States (1813) Stacey v. Emery (1878) Carroll v. United States (1925) Brinegar v. United States (1948) Rios v. United States (1960) Johnson v. United States (1948) Copyright © 2014, Elsevier Inc. All Rights Reserved

16 Conclusion Control over Investigative Practice – Significant changes since 9/11 Rule of Law – Indisputable aspect of the American Criminal Justice System. – Police and public do not always agree on changes. Copyright © 2014, Elsevier Inc. All Rights Reserved