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

2. Chapter Outline The Nature of Criminal Law Criminal and Civil Law
The Purpose of Criminal Law
The Principles of Criminal Law
Categories of Crime
Sources of Criminal Law
Lippman, Contemporary Criminal Law 4th Edition
© 2015 SAGE Publications, Inc.

3. Learning Objectives
Define a crime, provide examples of criminal behavior, and distinguish between civil and criminal law.
Explain the difference between criminal law and criminal procedure.
Discuss the difference between felonies and misdemeanors and the difference between mala in se and mala prohibitum.
List and describe the various sources of criminal law.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

4. The Nature of Criminal Law
Criminal law is the foundation of the criminal justice system.
Law defines the conduct that may lead to an arrest.
States condemn a range of acts and/or specific activities in their criminal codes.
Most commentators stress that the important feature of a crime is that it is an act that is officially condemned by the community and carries a sense of shame and humiliation.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

5. What Is Crime?
Professor Henry M. Hart Jr. defines crime as “conduct which, if shown to have taken place” will result in the “formal and solemn pronouncement of the moral condemnation of the community.”
Crime is subject to formal condemnation by a judge and jury representing the people in a court of law.
Crime is whatever the law declares to be a criminal offense and punishes with a penalty.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

6. Criminal and Civil Law
Civil law is that branch of the law that protects the individual rather than the public interest.
A legal action for a civil wrong is brought by an individual rather than by a state prosecutor.
Civil and criminal actions are characterized by different legal procedures.
Civil wrong is established with a preponderance of the evidence or roughly 51 percent certainty.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

7. Criminal Law
A legal action for a criminal wrong is brought by a prosecutor.
Conviction of a crime requires the high standard of proof beyond a reasonable doubt.
The high standard of proof in criminal cases reflects the fact that a criminal conviction may result in a loss of liberty and significant damage to an individual’s reputation and standing in the community.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

8. Understanding the Differences
Civil Law: the branch of the law that protects the individual rather than the public interest
Civil Law: cases are brought by a party or an individual against another party or individual
Burden of Proof:
Criminal Cases: Beyond Reasonable Doubt
Civil Cases: By a Preponderance of the Evidence
Tort: a civil wrong of harm committed against a person or a person’s property
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

9. Purpose of Criminal Law
The primary purpose or function of the criminal law is to help maintain social order and stability.
Key aspects of the criminal legal code in New York:
prevent harm
provide warning of criminal acts
define criminal acts
distinguish seriousness of criminal acts
impose punishments
ensure victims’ interests are and the interests of the community are represented in the process
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

10. Principles of Criminal Law
Substantive Criminal Law: what law is enforced
Procedural Criminal Law: how the law is enforced
Criminal Act: actus reus
Criminal Intent: mens rea
Causation: act must cause the harm required
Responsibility: act and intent must be defined in the statute
Defenses: guilt is not imposed in the act, was shown to be either justified or excused
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

11. Categories of Crime
Felony: a serious crime punishable by death or imprisonment for more than one year
Misdemeanor: a more minor offense punishable by up to one year in jail
Mala in se: a crime that is inherently evil, regardless of what the law says
Mala prohibita: a crime that is such because society has prohibited it by statute
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

12. Subject Matter of Crimes
Crimes against the state
Crimes against the person, homicide
Crimes against the person, sexual offenses and other crimes
Crimes against habitation
Crimes against property
Crimes against public order
Crimes against the administration of justice
Crimes against public morals
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

13. Sources of Criminal Law
English and American Common Law
State and Federal Criminal Codes
Municipal Ordinances
State and Federal Constitutions
International Treaties
Judicial Decisions
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

14. Common Law Foundation of American criminal law
Transported from England to the American colonies and was adopted by the 13 original states following the American Revolution
Can be traced to the Norman conquest of England in 1066
Established in the eleventh century by King William the Conqueror in England
Established to provide uniform law to be enforced by English judges
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

15. State Criminal Codes
Established under the belief that citizens should have the opportunity to know the law
As America and her legal code grew, common law was slowly abandoned.
Missouri and Arizona are examples of common law states. These states’ criminal codes, like that of Florida, contain a reception statute that provides that the states “receive” the common law as an unwritten part of their criminal law.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

16. State Police Power
State governments possess the broad power to promote the public health, safety, and welfare of the residents of the state.
Police Power: the “duty to protect the well-being and tranquility of a community” and to “prohibit acts or things reasonably thought to bring evil or harm to its people”
The Supreme Court proclaimed that police power includes the right to “lay out zones where family values, youth values, the blessings of quiet seclusion, and clean air make the area a sanctuary for people.”
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

17. Model Penal Code
Established in 1962 by a group of lawyers, judges, and scholars for the purpose of unifying criminal law across the states
State legislatures in formulating the content of criminal codes have been profoundly influenced by the Model Penal Code.
Roughly 37 states have adopted varying parts of the code.
No state has adopted the entire code as it is advisory
The states that most closely follow the code are New Jersey, New York, Pennsylvania, and Oregon.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

18. Federal Statutes
The federal criminal code compiles the criminal laws adopted by the U.S. Congress
Criminal laws are enacted by the federal government as allowed by the U.S. Constitution
Supremacy clause: federal law is superior to state law within those areas that are related to the preservation of the national government (aka the preemption doctrine)
Interstate commerce clause: allows the federal government to regulate activity relating to interstate commerce
Dual sovereignty: the sharing of powers between the federal and state governments
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

19. Constitutional Limitations
State and local laws may not regulate an area that is reserved for the federal government.
Federal laws may not encroach upon state power.
Laws may only infringe upon the fundamental civil and political rights of individuals in compelling circumstances.
Laws must be clearly written, nondiscriminatory, and provide notice to citizens and to the police of the conduct that is prohibited.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

20. Constitutional Limitations, cont.
Laws may not impose cruel, unusual punishment.
Laws may also not be retroactive and punish acts that were not crimes at the time they were committed (ex post facto).
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.

21. Chapter Summary
Criminal law is the foundation of the criminal justice system.
The law defines acts that may lead to arrest, trial, and incarceration.
The purpose of criminal law is to prohibit conduct that causes harm or threatens harm.
The primary purpose or function of the criminal law is to help maintain social order and stability.
Civil and criminal actions are characterized by different legal procedures.
Lippman, Contemporary Criminal Law, 4th Edition
© 2015 SAGE Publications, Inc.