1. What is a “law?”
Norms are behavioral codes that guide people into actions that conform to societal expectation
Folkways are everyday norms based on custom, tradition, or etiquette (violate somebody’s personal space)
Mores are norms based on broad societal morals (illegitimate childbearing)
Laws are norms supported by codified social sanctions. BUT: Mores and folkways have always influenced the law

2. Brief History of Law I 2000 BC Earliest Surviving Legal Codes
1750 BC Code of Hammurabi: lex talionis
Roman “Twelve Tables”: 451 BC
“Dark Ages” ( AD)
Written codes were lost and superstitions and fear of magic dominated thinking.

3. Brief History of Law II
Before the Norman Conquest (1060 AD), the legal system in England was decentralized.
Power given to tithings, hundreds and shires.
Several legal/court systems were active
Wergild (compensation) was divided between the King and victim.

4. Development of Common Law
Norman Conquest (1066 AD)
William the Conqueror establishes “royal court”
Stare decisis became the dominant standard
English common law born during the reign of Henry II ( )
“Circuit Judges”
Royal Prosecutors and movement toward national law
Development of Jury System

5. Common Law v. Statutory Law
Common Law is judge-made
law. The law is found in
previously decided cases.
Statutory Laws are derived from
legislative acts that decide the
definition of the behavior that is
codified into law.

6. Criminal and Tort Law Both seek to control behavior.
Both impose sanctions (punishments)
Similar areas of legal action exist: e.g.,
personal assaults
white-collar offenses like environmental pollution

7. Criminal and Tort Law A public offense Enforcement is state business
Punishment is often loss of liberties or sometimes death
Fines go to the state
State doesn’t ordinarily appeal
Proof beyond a reasonable doubt
A civil or private wrong
Individuals bring action
Sanction is normally monetary damages
Both parties can appeal
Individuals receives the compensation for harm done
“Preponderance of the evidence” is required for a decision.

8. Classification of Crime
More serious offenses
Punishable by death
or imprisonment for
more than a year in a
state prison.
FELONY
Less serious offenses
Punishable by incar-
ceration for less than a
year in a local jail or
house of correction.
MISDEMEANOR

9. Types of Crime Mala in Se Illegal acts rooted in the
core values inherent in
Western civilization.
Also referred to as
“natural law”
Mala Prohibitum Violations of law
that reflect current
public opinion and
social value. Also called
“statutory crime”

10. Substantive vs. Procedural Law
Substantive Law
Written code that defines crimes and punishments
Procedural Law
Rules of the court, trials...

11. Functions of the Criminal Law
Social Control
Banishes
Personal
Retribution
Expresses
Public Opinion
and
Morality
Deters
Criminal
Behavior
Maintains
the Social
Order

12. A criminal law must indicate a type
of criminal intent and the specific
elements of a behavior that are illegal.
Actus Reas
Physical act must be voluntary
If crime is“Failure to act,” there must be legal obligation.
Mens Rea
General or specific intent
Negligence

13. Specific Criminal Defenses
Deny the Actus Reas (I didn’t do it)
Deny the Mens Rea
Ignorance / Mistake
Intoxication?
Insanity Defense

14. The Dreaded “INSANITY PLEA”
Insane in the Membrane?
“Insanity” is a legal, not clinical term
Different States have different insanity rules:
M’Naghten Rule
Irresistible Impulse Test
Substantial Capacity Test
Reality? Defense used in < 1% of cases
Successful in very few cases
When “successful?”

15. Other Specific Criminal Defenses
Justifications: Acknowledge actus reas and mens rea, but…
Necessity
Duress
Self-defense
Entrapment
Exotic Defenses (PMS, PTSS…insert your favorite acronym here)