CJ © 2011 Cengage Learning Chapter 4 Inside Criminal Law

© 2011 Cengage Learning Learning Outcomes LO1: List the four written sources of American criminal law. LO2: Explain the two basic functions of criminal law. LO3: List and briefly define the most important excuse defenses for crimes. LO4: Describe the four most important justification criminal defenses. LO5: Distinguish between substantive and procedural criminal law.

1 LO © 2011 Cengage Learning List the four written sources of American criminal law.

© 2011 Cengage Learning Learning Outcome 1 Constitutional Law - The U.S. Constitution and the various state constitutions Statutory Law - Laws and ordinances passed by Congress and state legislatures Administrative Law – rules, orders, and decisions of regulatory agencies. Case Law – rules of law announced in court decisions (precedents)

2 LO © 2011 Cengage Learning Explain the two basic functions of criminal law.

© 2011 Cengage Learning Learning Outcome 2 Why Do Societies Need Laws? Protect and Punish: the legal function of the law Individual citizens Society as a whole Maintain and Teach: the social function of the law Public morality Societal boundaries

© 2011 Cengage Learning Learning Outcome 2 What are the Elements of a Crime? – Corpus delicti Criminal Act - Actus reus – A legal duty – A plan or attempt Mental State - Mens rea – Negligence – Recklessness

© 2011 Cengage Learning Learning Outcome 2 What are the Elements of a Crime? – Corpus delicti Criminal Liability – Strict Liability – Accomplice Liability – Felony-Murder – Concurrence – Causation – Attendant Circumstances

© 2011 Cengage Learning Learning Outcome 2 Hate Crime Laws – Make the suspect’s motive an important attendant circumstance. Harm – Some crimes are categorized by the harm done to the victim regardless of intent. – Inchoate offense – acts that are deemed criminal if they could do harm that laws try to prevent.

© 2011 Cengage Learning Learning Outcome 2

© 2011 Cengage Learning CAREERPREP Animal Control Officer Job Description: Work to protect stray, injured, abused, and unwanted animals. This includes rescuing the animals, aiding in the prosecution of individuals who abused them, and providing impounded animals with humane care. Educate the public about animal overpopulation and responsible pet ownership. What kind of training is required? On-the-job training is a common condition for entry-level positions in this field. Desirable backgrounds include an associate’s degree or study in law enforcement, criminology, animal behavior, and/or veterinary technology. Annual salary range? $23,236–$44,149 For additional information, visit:

3 LO © 2011 Cengage Learning List and briefly define the most important excuse defenses for crimes.

© 2011 Cengage Learning Learning Outcome 3 Which Defenses are Available Under the Law? – Criminal responsibility and the law Infancy Insanity

© 2011 Cengage Learning Learning Outcome 3 –Should the insanity defense be allowed? –Should a person who is considered insane when committing a crime be held accountable for their behavior?

© 2011 Cengage Learning Video: Killer Free Insanity

© 2011 Cengage Learning

Learning Outcome 3 Which Defenses are Available Under the Law? – Criminal responsibility and the law Intoxication – Voluntary – Involuntary – Mistake Mistake of Law Mistake of Fact

4 LO © 2011 Cengage Learning Describe the four most important justification defenses.

© 2011 Cengage Learning Learning Outcome 4 Justification Criminal Defenses and the Law Four conditions – Duress – Self-Defense – Necessity – Entrapment

© 2011 Cengage Learning

CAREERPREP Criminal Court Judge Job Description: Preside over trials and hearings in federal, state, and local courts. Ensure that all proceedings are fair and protect the legal rights of everyone involved. Rule on admissibility of evidence, monitor the testimony of witnesses, and settle disputes between prosecutors and defense attorneys. What kind of training is required? A law degree and several years of legal experience. Depending on the jurisdiction, judges are either appointed or elected. Annual salary range? $93,000–$162,000 For additional information, visit: education-portal.com/become-a- judge.html.

5 LO © 2011 Cengage Learning Distinguish between substantive and procedural criminal law.

© 2011 Cengage Learning Learning Outcome 5 Substantive Criminal Law: Laws that define the acts that the government will punish. Procedural Criminal Law: Procedures, drawn from the Bill of Rights, that are designed to protect the constitutional rights of individuals.

© 2011 Cengage Learning Learning Outcome 5 How Do Criminal Procedures Protect Our Constitutional Rights – The Bill of Rights Amending the Constitution Expanding the Constitution

© 2011 Cengage Learning Learning Outcome 5 How Do Criminal Procedures Protect Our Constitutional Rights – Fourth Amendment – Fifth Amendment – Sixth Amendment – Eighth Amendment – Fourteenth Amendment

© 2011 Cengage Learning Learning Outcome 5 –How was the right to privacy interpreted differently in the case described in the video than in previous cases? –Is it more important to protect the right to privacy or to catch criminals? Why?

© 2011 Cengage Learning Video: Code of Hammurabi

© 2011 Cengage Learning Learning Outcome 5 How Do Criminal Procedures Protect Our Constitutional Rights – Due process clause Procedural due process Substantive due process