1. Criminal Justice and the Rule of Law
Chapter 4

2. Learning Objectives
Describe the bases and sources of American criminal law
Discuss how substantive criminal law defines a crime and the legal responsibility of the accused
Discuss how procedural criminal law defines the rights of the accused and the process for dealing with a case
Analyze the United States Supreme Court’s role in interpreting the criminal justice amendments to the Constitution

3. The Bill of Rights (first 10 Amendments) originally only restricted actions by the federal government, but didn’t guarantee the same protections from state governments

4. The Fifth Amendment
The Due Process clause provides “… nor shall any person be deprived of life liberty or property without due process of the law,”
Remember that the first 10 Amendments only restrict the powers of the federal government and not the states

5. Post Civil War
The 13th, 14th, and 15th Amendments were ratified to guarantee the freedoms and equal protection of the law for all citizens, especially former slaves

6. 14th Amendment
“No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws
Before being ratified in 1868, the people never before had granted the federal government the power to tell the states what they could or could not do

7. 1884 Hurtado V. California
In this case the Supreme Court was asked to apply the first 8 Amendments of the Constitution to the states through the due process clause of the 14th Amendment in an attempted process which became known as the “short hand doctrine”.
The Supreme Court rejected the case stating that the people would have specifically stated in the 14th Amendment that the Bill of Rights should apply to the states.

8. The Fourteenth Amendment
The Supreme Court, instead of using the “shorthand doctrine”, reviewed cases on a case-by-case basis to determine whether or not the Bill of Rights should apply to the states (incorporation) through the 14th Amendment
Through case precedence, nearly all aspects of the Bill of Rights now apply to the states through the due process clause of the 14th Amendment

9. Foundations of Criminal Law
Substantive Law –compelling reason defining punishment
Procedural Law- defines procedures that must be followed: notice, opportunity to be heard
Sources of Criminal Law
Common Law (England) law was not codified, but was interpreted by Judges through case precedence. Not used in the U.S. to make law, but used to interpret the “legislative intent” of the law
Codified Law (statutes)- Definitions and elements of law
Felony, Misdemeanor, Infraction,

10. Criminal versus Civil Law
Criminal- Offense against society punishable by jail or fine by the state or federal government.
Civil- A wrong committed against an individual or groups in where the plaintiff seeks compensation for the loss usually monetarily.

11. Substantive Criminal Law
Seven Principles of Criminal Law
Legality- law defining it illegal
Actus reus- A human act. Not act of nature
Causation- Factual cause of act
Harm- to legally protected value
Concurrence- intent and act at same time
Mens rea- state of mind (intent)
Specific vs. general intent
Punishment- must be stated in the law

12. Substantive Criminal Law
Elements of a Crime- The facts that must be established in order to prove criminal liability
Statutory Definitions of Crimes
187 PC Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. 
192 PC Manslaughter is the unlawful killing of a human being without malice.
Justification Defenses
Self-Defense
Necessity

13. Substantive Criminal Law
Inchoate (Preliminary) Offenses
solicitation
attempt
conspiracy
Excuse Defenses
Duress (Coercion)
Entrapment
Infancy
Mistake of Fact
Intoxication
Insanity

14. Insanity Defense Standards
The standards for the insanity defense have evolved over time.
Test
Legal standard Because of Mental Illness
M’Naghten (1843)
“Didn’t know what he was doing or didn’t know it was wrong.”
Irresistible Impulse (1897)
“Could not control his conduct.”
Durham (1954)
“His criminal act was caused by his mental illness.”
Model Penal Code (1972)
“Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”
Comprehensive Crime Control Act (1984)
“Lacks capacity to appreciate the wrongfulness of his conduct.”
Source: National Institute of Justice, Crime File, Insanity Defense, a film prepared by Norval Morris (Washington, DC: U.S. Government Printing Office, n.d.).

15. Procedural Criminal Law (slide 1 of 2)
The Bill of Rights
The Fourteenth Amendment and Due Process
The Due Process Revolution
The Fourth Amendment: Protection Against Unreasonable Searches and Seizures

16. Procedural Criminal Law (slide 2 of 2)
The Fifth Amendment: Protection Against Self-Incrimination and Double Jeopardy
The Sixth Amendment: The Right to Counsel and a Fair Trial
The Right to Counsel
The Right to a Speedy and Public Trial
The Right to an Impartial Jury

17. Procedural Criminal Law
The Eighth Amendment: Protection Against Excessive Bail, Excessive Fines, and Cruel and Unusual Punishments
Release on Bail
Excessive Fines
Cruel and Unusual Punishments

18. The Supreme Court Today (slide 2 of 2)
Throughout its history, the composition of the Court has typically fluctuated every few years
Both former Presidents Bush and Obama have appointed new Justices, and President Trump just appointed Justice Neil Gorsuch. This appointments have changed the balance of the Supreme Court and will ultimately affect the direction and decisions of the Court in the coming years.