Chapter 4 In Your Textbook John Massey Criminal Justice Criminal Law Chapter 4 In Your Textbook John Massey Criminal Justice

Why is criminal law important? Two basic functions Primary (legal) – maintain social order by protecting citizens from criminal harm Includes two harms – harm to individual citizen’s safety and property and harm to society’s interests collectively Secondary (social) – to maintain and teach Two goals Reflect values, morals and norms of society and teach expectations of society Sources of Criminal Law 4 sources Constitutional, Statutory, Case, Regulatory Law

Constitutional Law Both federal and state governments have constitutions Law emerges from those constitutions “supreme law of the land” Basis of all law in the U.S. Laws that violate the Constitution are challenged at Supreme Court

Statutory, Case, & Administrative Law Statutory Law Enacted and passed by legislative bodies Laws cannot violate constitutions Congress/state legislatures Case Law Laws that emerge from court decisions Interpretations Reviews of statutes, legsislation Administrative Law Rules and laws of regulatory agencies Created by agencies to carry out duties

Civil Law v. Criminal Law Crime is an act that violates a law Civil law – deals with private and public rights, not criminal issues This can involve disputes between individuals, corporations, contracts Civil court – plantiff (victim) must prove a wrong was committed Financial rewards in many instances Ex: OJ Simpson case, $8.5 million to familes Sometimes individuals face both criminal and civil trial Easier to win a civil trial than criminal trial Burden of proof in criminal trials – beyond a reasonable doubt Burden of proof in civil trials – proponderance of the evidence (more than 50 percent likely)

Felonies v. Misdemeanors Defined based on degree of seriousness Felonies: serious crimes Punishable by death or prison for one year or longer Must have malice aforethought, premeditation or deliberation in order to have a homicide. If not = manslaughter. Two types of manslaughter (voluntary and involuntary) Voluntary – intent to kill but malice is lacking (crimes that are committed in a heat of passion) Involuntary – offender is negligent in acts, no intent to kill (DUI, fight)

Misdemeanors Misdemeanors: any crime that is not a felony Punishable often by fines, community sanctions, probation, less than 1 year in jail Different classes depending on seriousness Examples: trespassing, petty theft, shoplifting, disturbing the peace In Virginia: 4 classes of misdemeanors, 6 classes of felonies (Class 1 most serious, class 4/6 least serious)

Mala in se v. Mala prohibita Another way to look at different types of crime This method is not as important or as frequently used The social function of criminal law designed by criminologists Mala in se: considered wrong even if there’s not a law that prohibits it Inherently wrong Natural and moral law Ex: murder Mala prohibita Considered crime because it has been defined that way, put into statute or law Varies from place to place (states, countries, localities) Ex: gambling Difficult to distinguish because technically all laws are defined.

Elements of a Crime You think you now know what crime is. -Think again. What is needed in order to have a crime? (ignore your book for this, it will only confuse you) * FOUR ELEMENTS NEEDED IN ORDER TO HAVE A CRIME * However, there are six basic elements * You must have: 1) Corpus delecti 2) Mens Rea 3) Actus Reus 4) Concurrence * You can have neither, either, or both of the other two remaining elements but you NEED THESE FOUR TO HAVE A CRIME.

The Four Elements The Four Key Elements Corpus Delecti (This is the starting point) -the body of the crime -proof that an actual crime has been committed by someone -ex1: in a murder, the body is the corpus delecti -ex2: in a bicycle theft, the bicycle is gone Actus Reus -the guilty act (must be voluntary) -ex1: in a murder, the actus reus is homicide -ex2: if a vehicle is stolen, the actus reus is motor vehicle theft

The Four Elements Mens Rea -the guilty intent -person must intentionally, knowingly and willingly commit the criminal act -ex1: homicide, the person committing the homicide must understand that it is wrong and is a crime -in order to have a guilty mental state, elements are required: 1) purpose: X commits Y for Outcome Z 2) knowingly: X commits Y and knows that Y is wrong 3) negligence: X commits Y without using a standard of care that a reasonable person would use 4) recklessness: X commits Y with a conscious disregard of Outcome Z Concurrence -the joining together of both the criminal act and the guilty mind -the criminal act must be the result of the offender’s intention to commit a particular criminal act

Other Elements Not required but can be used Can be very helpful -attendant circumstances Ex: using a handgun in a robbery will make the charge of robbery become a charge of armed robbery -the harm done (result of the act) Ex1: how much was stolen in the burglary? Ex2: what happened to the victim? Death? Only a bruise?

Criminal Defenses Insanity -defense for criminal liability Asserts a lack of criminal responsibility Person cannot have state of mind to commit a crime that he/she did not know was wrong at the time Ways to measure: M’Naughten Rule (used by 16 states) New Hampshire (Durham) Rule (used in several other areas) Virginia uses both tests Montana, Idaho, Utah – no insanity defense New Hampshire – no standard form to determine mental illness

Insanity Definition of Insanity M’Naghten Rule Daniel McNaghten in 1843 A deluded Scotsman Thought the Prime Minister (Sir Robert Peel) was persecuting him Tried to shoot him and instead killed his secretary Ruled insane and spent 20 years in a mental asylum until his death McNaghten Rule To establish a defense on the grounds of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know that what he was doing was wrong.

Insanity Is now used in about half the states New Hampshire (Durham) Rule (1869) Test of criminal responsibility is whether the act was the offspring or product of mental disease in the defendant American Law Institute (ALI) (1962) Is now used in about half the states A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or t conform his conduct to the requirements of the law. Insanity Defense Reform Act (1984) NGRI finding for John Hinckley following 1982 assassination attempt of President Reagan Covers Federal trials Prohibited experts from giving opinions about the defendant’s insanity Placed the burden of proof on the defendant (clear and convincing evidence)

Insanity in Virginia The myths of the insanity defense M’Naughten + Irresistible Impulse Mental disease or defect, and Did not understand what he was doing (or) Did not know what he was doing was wrong (or) Was not able to control the impulse to act The myths of the insanity defense Getting away with crime Not being punished Being released soon And there are many more…

Other Criminal Defenses Intoxication (voluntary v. involuntary) Voluntary intoxication defense has been eliminated in 12 states Mistake/Ignorance Not very successful In many instances, a mistake or ignorance cannot be claimed and void one of liability Justification Defenses Duress Unlawful pressure on a person causes the person to perform an act s/he normally wouldn’t (ex: the movie Collateral) Self-defense Ability to protect oneself and property from injury by another Protects only acts that are reasonably necessary to protect (ex: defense of home, vehicle, prevention of a crime) Necessity “the circumstances at the time made me do it!” The harm prevented must be greater than the harm that you have done Entrapment Citizen has been deceived by a government agent into committing a crime (that otherwise would not have been committed

Your Rights Procedural safeguards -found in two places 1) Bill of Rights -basis of procedural safeguards -offers protection from the federal govt. -ex: rights against unreasonable searches and seizures, due process, probable cause, etc. 2) Due Process Clause -govt. decisions in prosecution should be fair -fair and just procedures -reasonable, valid, and legal