1. 1 Chapter 4 The Criminal Law

2. © 2003 Prentice-Hall, Inc. 2 Development of Law Historical Sources Natural law Early Roman law Common law Old and New Testament Magna Carta Religious belief and practice

3. © 2003 Prentice-Hall, Inc. 3 Modern Sources of American Law U.S. Constitution Declaration of Independence statutes case law Development of Law

4. © 2003 Prentice-Hall, Inc. 4 Code of Hammurabi about 2000 B.C.E. developed by King Dungi of Sumner adopted by Hammurabi (6 th King of Babylon) lists crimes and punishments concept of “lex talionis”

5. © 2003 Prentice-Hall, Inc. 5 Roman law of Twelve Tables 451 - 450 B.C.E. response to pressure from plebeians not satisfied with existing unwritten law original code written on bronze plaques Roman Law

6. © 2003 Prentice-Hall, Inc. 6 English Common Law The English common law originated from usage and custom rather than from written statutes. It is an unwritten body of judicial opinion developed by English courts.

7. © 2003 Prentice-Hall, Inc. 7 based upon non-statutory customs, traditions, and precedents English Common Law

8. © 2003 Prentice-Hall, Inc. 8 Roman Law This system governed by separate comprehensive, systematized codes, which are forward looking, wishing to anticipate all new problems. Common Law This system governed by laws and precedents, which, if codified at all, simply organize past experiences. Law and Procedure Roman Law v. Common Law

9. © 2003 Prentice-Hall, Inc. 9 Magna Carta signed by King John of England- 1215 basic liberties for all British citizens support of individual rights concept of “due process of law”

10. © 2003 Prentice-Hall, Inc. 10 U.S. Constitution It is the final authority in all questions pertaining to the rights of individuals, power of the federal government and the states to create laws.

11. © 2003 Prentice-Hall, Inc. 11 Natural Law mala in se: Behaviors that are wrong in themselves, i.e., murder, rape, and assault. mala prohibita: Behaviors that are wrong only because they are prohibited by law.

12. © 2003 Prentice-Hall, Inc. 12 Types of Law criminal law civil law administrative law case law procedural law

13. © 2003 Prentice-Hall, Inc. 13 Criminal Law Crimes injure not just individuals, but society as a whole.

14. © 2003 Prentice-Hall, Inc. 14 A branch of modern law that concerns itself with offenses committed against society, members thereof, their property, and the social order. Criminal Law Another term for criminal law is penal law.

15. © 2003 Prentice-Hall, Inc. 15 Civil Law Civil law covers legislated rules that govern private wrongs. An individual is the plaintiff. A violation of this law is often called a tort. Civil law includes breaches of contract, contested will, trusts, etc. The result is often loss of money only.

16. © 2003 Prentice-Hall, Inc. 16 Administrative Law Rulings are made by government agencies. This type of law is not usually directed at criminal violations Regulatory boards are given authority to make rules and to set standards.

17. © 2003 Prentice-Hall, Inc. 17 Case Law The body of judicial precedent that is historically built upon legal reasoning and past interpretations of statutory laws. Case law serves as a guide to decision making, especially in the courts.

18. © 2003 Prentice-Hall, Inc. 18 Procedural Law Procedural law is the body of rules that regulates the processing of an offender by the criminal justice system. It includes general rules of evidence, search and seizure, and procedures following an arrest.

19. © 2003 Prentice-Hall, Inc. 19 Categories of Crime felonies misdemeanors offenses treason inchoate offenses

20. © 2003 Prentice-Hall, Inc. 20 Felony It’s more serious than a misdemeanor. Felonies are punishable by a year and a day or more in a state prison. Fines can be levied. Capital punishment exists in most states for specific felony offenses.

21. © 2003 Prentice-Hall, Inc. 21 Misdemeanor An offense, which is punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit is prescribed by statute in a given jurisdiction, typically limited to a year or less.

22. © 2003 Prentice-Hall, Inc. 22 It is less serious than a felony. It is usually punishable by up to a year in a county jail (some states allow sentences for misdemeanors up to two years). Fines can also be levied. Misdemeanor

23. © 2003 Prentice-Hall, Inc. 23 Treason “A U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States.” Also, the attempt to overthrow the government of the society of which one is a member. It’s the only crime specifically mentioned in the United States Constitution.

24. © 2003 Prentice-Hall, Inc. 24 Inchoate Offenses An offense not yet completed. An offense that consists of an action or conduct that is a step toward the intended commission of another offense.

25. © 2003 Prentice-Hall, Inc. 25 General Crime Features actus reus mens rea concurrence of actus reus and mens rea causation

26. © 2003 Prentice-Hall, Inc. 26 Actus Reus It means “ the guilty act.” Thoughts alone are not sufficient to make a crime. In some instances, speech can constitute a crime even though there is no specific physical action. yelling “fire” in a theater

27. © 2003 Prentice-Hall, Inc. 27 Mens Rea “guilty mind” intent to commit a crime based on assumption that people have the ability to make reasonable decisions about right and wrong

28. © 2003 Prentice-Hall, Inc. 28 Concurrence A guilty mind and guilty act must occur together to be able to obtain a conviction.

29. © 2003 Prentice-Hall, Inc. 29 Causation It means there is a clear link between crime and harm. The offender’s action or inaction caused harm.

30. © 2003 Prentice-Hall, Inc. 30 Strict Liability Occurs in cases where guilty mind is not required. justification - Proving intent in these types of cases is nearly impossible. purpose - To protect the public. Some examples include: traffic laws narcotics laws health and safety regulations

31. © 2003 Prentice-Hall, Inc. 31 Types of Defenses alibi justifications excuses procedural defenses

32. © 2003 Prentice-Hall, Inc. 32 Excuse Some particular personal condition was occurring at the time, such that the defendant should not be held responsible. Judges and jurors must decide if harm committed outweighed the coercive influence.

33. © 2003 Prentice-Hall, Inc. 33 Excuse: Duress It’s often called “coercion.” Duress is an unlawful threat that induces a person to act in a way they normally do not act. It is often not a useful defense when used to commit serious physical harm.

34. © 2003 Prentice-Hall, Inc. 34 Excuse: Age Typically, children under age 7 are deemed not to form reason of intent. Therefore, children under age 7 cannot be charged with an offense. When individuals are above age 7 and below age 18, they are typically charged as a juveniles. When individuals are above age 18, they are charged as adults.

35. © 2003 Prentice-Hall, Inc. 35 Excuse: Mistake mistake of law: Ignorance of law is no excuse. mistake of fact: Specific fact about a case is incorrect.

36. © 2003 Prentice-Hall, Inc. 36 Excuse: Involuntary Intoxication Drugs or alcohol may produce intoxication. People can be “tricked” into consuming alcohol or drugs. It can be used as a defense to exonerate.

37. © 2003 Prentice-Hall, Inc. 37 Excuse: Unconsciousness Individual cannot be held responsible for anything s/he does while unconscious. It’s rarely used as a defense. Examples: sleepwalking epileptic seizures neurological dysfunction

38. © 2003 Prentice-Hall, Inc. 38 Excuse: Insanity Legal definition of insanity, not a psychiatric one: M’Naghten rule irresistible impulse Durham rule substantial capacity test Brawner rule guilty but insane temporary insanity diminished capacity

39. © 2003 Prentice-Hall, Inc. 39 Excuse: Provocation It’s sometimes used in cases where a wife kills her husband or a child kills her father after claiming years of abuse. It’s more acceptable in minor offenses.

40. © 2003 Prentice-Hall, Inc. 40 A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his/her participation in the commission of that crime was impossible. Alibi

41. © 2003 Prentice-Hall, Inc. 41 Justification A person admits that s/he committed the crime, however, s/he believes s/he should not be held responsible because s/he has a justification for why s/he did what s/he did.

42. © 2003 Prentice-Hall, Inc. 42 Types of Justifications: self defense defense of others defense of home or property necessity consent Justification

43. © 2003 Prentice-Hall, Inc. 43 Justification: Self Defense retreat rule - If the opportunity to escape the situation exists, then the courts require that the victim take that opportunity and flee. THIS WAY OUT

44. © 2003 Prentice-Hall, Inc. 44 If the opportunity to flee does not exist, then the victim can use proportionate force to defend him/herself. Justification: Self Defense

45. © 2003 Prentice-Hall, Inc. 45 Justification: Defense of Others You have the option of defending another if the person you are defending is a victim and is free from fault.

46. © 2003 Prentice-Hall, Inc. 46 Defense of others does NOT include entering an illegal fight to help a family member or friend. Justification: Defense of Others

47. © 2003 Prentice-Hall, Inc. 47 Justification: Defense of Home & Property Most jurisdictions allow for the defense of property. The use of deadly force is not allowed when it comes to the defense of property.

48. © 2003 Prentice-Hall, Inc. 48 Justification: Necessity One can commit a crime when the purpose of the action is to prevent even greater harm.

49. © 2003 Prentice-Hall, Inc. 49 Courts have a difficult time with this defense, especially when it results in the death of an individual. Justification: Necessity

50. © 2003 Prentice-Hall, Inc. 50 Justification: Consent If harm comes to an individual after s/he agreed to participate in the activity, then the question that is raised is:

51. © 2003 Prentice-Hall, Inc. 51 Has there really been a crime committed if the victim gave her/his consent? Justification: Consent

52. © 2003 Prentice-Hall, Inc. 52 Justification: Resisting Unlawful Arrest A person has the right to resist arrest if the arrest is unlawful.

53. © 2003 Prentice-Hall, Inc. 53 Excuse: M’Naghten Rule 1844 - The first person found not guilty by reason of insanity was Daniel M’Naghten. A person is not guilty of a crime if, at the time of the crime, they either did not know what they were doing, or did not know what they were doing was wrong.

54. © 2003 Prentice-Hall, Inc. 54 Excuse: Irresistible Impulse Defendant knows what he/she is doing, knows it is wrong, but cannot help her/himself. Approximately 18 states use this rule.

55. © 2003 Prentice-Hall, Inc. 55 Excuse: Durham Rule created 1871 by New Hampshire Court adopted by Washington D.C. judge who made rule famous (1952)

56. © 2003 Prentice-Hall, Inc. 56 A person is not criminally responsible for their behavior if their illegal actions were the result of some mental disease or defect. Excuse: Durham Rule

57. © 2003 Prentice-Hall, Inc. 57 Excuse: Brawner Rule The rule was created in 1972 by same Washington, D.C. judge who made Durham Rule famous. It places responsibility for deciding insanity squarely on the shoulders of the jury. The jury decides if a defendant can be justly held responsible for a criminal act.

58. © 2003 Prentice-Hall, Inc. 58 This excuse is possible in 11 states. The jury must return a finding of “guilty but mentally ill” if: every element necessary for a conviction has been proven beyond a reasonable doubt; defendant found mentally ill at time of offense; and defendant found NOT to be legally insane at time crime was committed. Excuse: Guilty but Insane

59. © 2003 Prentice-Hall, Inc. 59 Procedural Defenses entrapment double jeopardy collateral estoppel selective prosecution

60. © 2003 Prentice-Hall, Inc. 60 denial of a speedy trial prosecutorial misconduct police fraud Procedural Defenses