Chapter 1 The Nature, Purpose, and Function of Criminal Law

What is the Criminal Law? The foundation of the criminal justice system. States specify a variety of unacceptable and condemned behaviors in their criminal codes. Engaging in these acts may lead to arrest, prosecution, & punishment.

The Nature of Criminal Law Crimes are behaviors declared by laws as illegal (criminal offenses) AND have specified punishments/sanctions attached for engaging in these behaviors. Importantly, crimes are acts officially condemned by the community and carries a sense of shame/humiliation.

Criminal versus Civil Law Criminal laws—protect society from condemned behaviors by individuals Civil laws—protect individual interest rather than public interest Tort—injury to an individual and/or to his/her property

Purposes of the Criminal Law Harm (prevent threatening conduct) Warning (of illegal behaviors & punishments) Definition (act & intent required for each crime) Seriousness (serious v. minor offenses) Punishment (protect, deter, rehabilitate, & satisfy revenge) Victims (represent victim, family, & community interests)

The Principles of Criminal Law Substantive Criminal Law—analysis of the definition of specific crimes & the general principles that apply to all crimes Criminal Procedure—study of the legal standards that govern the detection, investigation, & prosecution of crimes

General Criminal Law: Basic Principles Criminal Act Criminal Intent Concurrence Causation Responsibility Defenses

Categorizing Crimes… Capital felony Felony Gross misdemeanor Petty misdemeanor Violations/infractions ***most to least serious

More Crime Categories… Mala in se inherently evil Mala Prohibita only prohibited by statute Infamous deserving of shame/disgrace

More Categories, by Subject Matter Crimes against the State Crimes against Persons Crimes against Habitation Crimes against Property Crimes against Public Order Crimes against Administration of Justice Crimes against Public Morals

Sources of US Criminal Law English and American common law State criminal codes Municipal ordinances Federal criminal code State and Federal constitutions International treaties Judicial decisions

What is the Common Law? Foundation of US criminal law Unwritten law until 1300 Product of judicial decisions in actual cases Adopted by the 13 original states after the American Revolution

Source: State Criminal Codes Written criminal codes adopted beginning in the 19th century Some states remain common law states… others are code jurisdictions Reception statute (provides that states “receive” the common law as part of their criminal law) Common law still plays an important role even in code states

Source: State Police Power The duty to protect the well-being & tranquility of a community & to prohibit acts or things reasonably thought to bring evil or harm to its people. Source: Model Penal Code An ideal set of “model” criminal codes developed by the ALI—the primary reason for the significant degree of agreement in the definition of crimes in the state criminal codes.

Source: Federal Statutes Congressional responsibilities set forth in the US Constitution (some examples) Regulate interstate commerce Power to declare war Provide for the national defense Coin money & collect taxes Congress is entitled to make all laws necessary & proper in order to fulfill these responsibilities. The 10th Amendment (federal v state powers)

Source: Federal Statutes (cont.) The Federal Criminal Code compiles the criminal laws adopted by the US Congress. The Supremacy Clause of the Constitution provides that the federal law is superior to the states’ laws in particular areas (to preserve the national government)…otherwise known as the Preemptive Doctrine. Dual sovereignty is the sharing of power between the federal & state governments.

Limitations: Constitutions Federal & state constitutions establish limits & standards for provisions in the criminal law. The ability of legislators to enact criminal laws is limited by public opinion. The democratic will of the majority is subject to constitutional limitations.

1.1. You Decide: Rodney King Think about/discuss the following issues… Double jeopardy (as the officers were tried—and acquitted—at the state level then tried at the federal level) What about the Dual Sovereignty Doctrine? Did the criminal law & criminal court process operate fairly in this case? Why or why not?

Key Issues Defining crimes & legally-required elements Differences between criminal & civil law Purposes of criminal law in the US Various parts of the criminal law Basic criminal law principles Various ways of categorizing criminal behavior Sources of criminal law Limitations on creating criminal laws

Briefing Cases Key terms Case Structure Case Briefs Bench trials, trial transcripts, appellate courts, briefs, oral arguments, trial de novo, appellant, appellee, collateral attack, petitioner, respondent, habeas corpus, writ of certiorari Case Structure Introduction: title, citation, judge, outline Judicial Opinion: history, facts, law Case Briefs Importance of & contents/components