1. AGENDA
Class exercise
Finish up with CHAPTER THREE
Slide 23

2. Nature and Purpose of Law
Why do we have laws?
Imagine a society without laws?
In my opinion a society without laws is a society in a state of chaos. A state without laws and government would be anarchy. By definition anarchy is a state of disorder due to the absence or recognition of an authority figure. Life without some type of rules to control us would literally be a state of disorder

3. Law

4. Nature and Purpose of Law
Law- a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior
 Laws make things fair for all groups of people.  Laws are not different or special for any one group.  It does not matter what race, religion, age, or sex you are, nor how much money you make. Laws protect everyone

5. Nature & Purpose of Law
Without criminal law, people wouldn’t feel safe because the more powerful could take what they wanted

6. Statutory Law
The written or codified law; “the law on the books,” as enacted by a government body or agency having the power to make laws. Federal- United States Code (U.S.C.)
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7. Penal Code http://www.leginfo.ca.gov/.html/pen_table_of_contents.html
211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

8. Case Law http://www.lexisnexis.com/clients/CACourts/
The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts

9. Common Law
The body of law origination from usage and custom rather than from written statutes Common Law is the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices. Many of which were supported by judicial decisions during early times

10. Common Law example
Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts

11. Rule of Law
The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members “No one is above the law” Rule of law implies that every citizen is subject to the law, including law makers themselves

12. Types of Laws
Criminal Law (Penal Law) Murder, rape, robbery, assault

13. Statutory Law
Substantive criminal law- the part of the law that defines crimes and specific punishments Procedural Law- The part of the law that specifies the methods to be used in enforcing substantive law

14. General Categories of Crime
Felonies (Serious Crimes)
Misdemeanors (Minor Crimes)
Offenses (Infractions)
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15. Felony
Felonies- A criminal offense punishable by death or by incarceration in a prison facility for at least one year

16. Misdemeanor
An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less
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17. Misdemeanor punishment
A misdemeanor is a crime punishable by imprisonment in a county or city jail or detention facility not to exceed one year. Except where the law specifies a different punishment, a misdemeanor is punishable by imprisonment in a county jail not exceeding six months and/or a fine not exceeding one thousand dollars
California
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18. INFRACTIONS
Infractions (sometimes called violations) are petty offenses that are typically punishable by fines, but not jail time. ... Traffic offenses are the most common form of infraction.
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19. Treason
A U.S. Citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States

20. Espionage
The gathering, transmitting or losing of information related to the national defense. Information becomes available to enemies of the United States

21. Actus Reus
The Criminal Act Guilty act, act in violation of a law The necessary first feature of any crime

23. Mens Rea Four types
The state of mind that accompanies a criminal act, (Guilty mind)
(There state of mind)
Purposeful
Knowing
Reckless
Negligent

24. Glad she died 1st try so I didn’t have to go back again
Purposeful
Glad she died 1st try so I didn’t have to go back again
Knowing
She need to be taught a lesson, so what if she lost her life
Reckless
Glad I was driving like that, otherwise she wouldn’t have died
Negligent
I shouldn’t have been on my phone, I should have watched the road
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26. Corpus Delicti
Corpus Delicti- “The body of the Crime”

27. Corpus Delicti cont’d Two aspect to the Corpus Delicti
That a certain result has been produced
That a person is criminally responsible for its production

28. Criminal Defenses
Alibi
Justification
Excuse
Procedural Defense

29. Alibi

30. Alibi
A statement or contention by an individual charged with a crime that he or she was do distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible

31. Justification
A legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.

32. Justification examples
Self defense
Necessity
Defense of others
Consent
Defense of home or property
Resisting unlawful arrest

33. Self Defense
Best known of the justifications Where a “path of retreat” exists for a person being attacked, it should be taken.

34. Excuse
A legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law

35. Excuse (examples)
Duress Diminished capacity Age Mental Incompetence Mistake Involuntary intoxication Unconsciousness Provocation Insanity
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36. Procedural Defense
A defense that claims that the defendant was in some significant way discriminated against in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged

37. Procedural Defense excuses
Entrapment Denial of a speedy trial Double Jeopardy Prosecutorial misconduct Police Fraud Selective Prosecution Collateral estoppel

38. Double Jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges in the same case following a legitimate acquittal or conviction.

39. Collateral estoppel
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue.

40. Collateral estoppel
In California, there are four criteria for application of collateral estoppel: (1) the prior conviction must have been for a serious offense so that the defendant was motivated to fully litigate the charges; (2) there must have been a full and fair trial to prevent convictions of doubtful validity from being used; (3) the issue on which the prior conviction is offered must of necessity have been decided at the criminal trial; and (4) the party against whom collateral estoppel is asserted was a party or in privity with a party to the prior trial
Privity- a relation between two parties that is recognized by law, such as that of blood, lease, or service

41. Police Fraud

42. Questions?
What is the rule of law? Monday, Chapter 4, Policing-Purpose and Organization Wednesday, Sept 21, Quiz #1