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Chapter 3 Inside Criminal Law
© 2015 Cengage Learning
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LO1: List the four written sources of American criminal law.
Learning Outcomes LO1: List the four written sources of American criminal law. LO2: Explain the differences between crimes mala in se and mala prohibita. LO3: List and briefly define the most important excuse defenses for crimes. © 2015 Cengage Learning
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LO4: Describe the four most important justification criminal defenses.
Learning Outcomes LO4: Describe the four most important justification criminal defenses. LO5: Distinguish between substantive and procedural criminal law. © 2015 Cengage Learning
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LO1 List the four written sources of American criminal law.
© 2015 Cengage Learning
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Written Sources of Criminal Law
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). Bettmann/Corbis © 2015 Cengage Learning
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Written Sources of Criminal Law
© Cengage Learning. All Rights Reserved. © 2015 Cengage Learning
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Written Sources of Criminal Law
Supremacy Clause: Federal law is the supreme law of the land and shall prevail in conflict with state constitutions or statutes. Ballot initiative: Citizens of a state, by collecting enough signatures, can force a public vote to change state law. © 2015 Cengage Learning
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Written Sources of Criminal Law
© Cengage Learning. All Rights Reserved. © 2015 Cengage Learning
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Capital offenses, maximum penalty death
Categories of Crime Capital offenses, maximum penalty death 1st degree felony, maximum penalty life imprisonment 2nd degree felonies, maximum of 10 years imprisonment 3rd degree felony, maximum of 5 years imprisonment © 2015 Cengage Learning
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LO2 Explain the differences between crimes mala in se and mala prohibita.
© 2015 Cengage Learning
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Elements of a Crime Mala in se: Mala prohibita:
Criminal act if it is considered wrong even if there were no law prohibiting it. Mala prohibita: Acts considered crimes only because they have been codified as a statute, it is prohibited and therefore wrong. © 2015 Cengage Learning
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Elements of a Crime 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 Purpose Knowledge AP Photo/Brennan Linsley © 2015 Cengage Learning
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Elements of a Crime What are the Elements of a Crime? Corpus delicti
Criminal Liability Strict Liability Accomplice Liability Felony-Murder Concurrence Causation Attendant Circumstances © 2015 Cengage Learning
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Elements of a Crime © Cengage Learning. All Rights Reserved.
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Elements of a Crime Hate Crime Laws Harm
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. © 2015 Cengage Learning
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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 © 2015 Cengage Learning
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LO3 List and briefly define the most important excuse defenses for crimes.
© 2015 Cengage Learning
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Which Defenses are Available Under the Law?
Excuse Defenses Which Defenses are Available Under the Law? Criminal responsibility and the law Infancy Insanity Intoxication Mistake © 2015 Cengage Learning
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Excuse Defenses The M’Naghten Rule: The ASI/MPC test:
A person is legally insane and not criminally responsible if at the time of the offense he/she could not distinguish between right and wrong. The ASI/MPC test: The defendant must lack substantial capacity to appreciate the wrongfulness of their conduct. © 2015 Cengage Learning
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Irresistible-impulse test:
Excuse Defenses Irresistible-impulse test: Person may not be found insane if he/she was aware that a criminal act was wrong provided that some irresistible impulse resulting from a mental deficiency drove him/her to commit a crime. © 2015 Cengage Learning
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Figure 3.4 Insanity Defense
© Cengage Learning. All Rights Reserved. © 2015 Cengage Learning
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Which Defenses are Available Under the Law?
Excuse Defenses Which Defenses are Available Under the Law? Criminal responsibility and the law Intoxication Voluntary Involuntary Mistake Mistake of Law Mistake of Fact © 2015 Cengage Learning
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LO4 Describe the four most important justification defenses.
© 2015 Cengage Learning
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Justification Criminal Defenses and the Law
Four conditions Duress Self-Defense Necessity Entrapment Stephen M. Dowell-Pool/Getty Images © 2015 Cengage Learning
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LO5 Distinguish between substantive and procedural criminal law.
© 2015 Cengage Learning
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Criminal Law Substantive Criminal Law: Procedural 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. © 2015 Cengage Learning
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How Do Criminal Procedures Protect Our Constitutional Rights?
Criminal Law How Do Criminal Procedures Protect Our Constitutional Rights? The Bill of Rights Amending the Constitution Expanding the Constitution © 2015 Cengage Learning
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How Do Criminal Procedures Protect Our Constitutional Rights?
Criminal Law How Do Criminal Procedures Protect Our Constitutional Rights? Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Fourteenth Amendment © 2015 Cengage Learning
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How Do Criminal Procedures Protect Our Constitutional Rights?
Criminal Law How Do Criminal Procedures Protect Our Constitutional Rights? Due process clause Procedural due process Substantive due process John Moore/Getty Images © 2015 Cengage Learning
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