1. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Chapter 3 Criminal Law

2. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Learning Objectives Explain the impact of common law on contemporary American criminal justice Discuss the nature of the rule of law Identify the various categories or types of law List the five categories of criminal law violations

3. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Learning Objectives List the eight general features of crime Explain the concept of corpus delicti Discuss the four broad categories of criminal defenses that our legal system recognizes Explain the legal concept of insanity

4. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Nature and Purpose of Law Law refers to: Statutory law is often the result of moral enterprise by interest groups that, through the exercise of political power, are successful in seeing their valued perspectives enacted into law. Hear author discuss the chapter. A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.

5. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Nature and Purpose of Law What Do Laws Do? Maintain order in society Promote orderly social change Regulate human interaction Sustain individual rights Enforce moral beliefs Redress wrongs Support the powerful Identify wrongdoers Define the economic environment Mandate punishment and retribution Enhance predictability

6. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Nature and Purpose of Law Statutory law refers to: Case law refers to: Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws. The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.

7. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Nature and Purpose of Law Common law refers to: The term refers to an unwritten body of judicial opinion, originally developed by English courts. –Based on customs, traditions, and precedents. Law originating from usage and custom rather than from written statutes.

8. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Rule of Law Rule of law refers to: The rule of law has been called the greatest political achievement or our culture. 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.

9. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Rule of Law Elements of the rule of law –Freedom from private lawlessness provided by the legal system of a politically organized society –A relatively high degree of objectivity in the formulation of legal norms and a like degree of evenhandedness in their application

10. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Rule of Law Elements of the rule of law –Legal ideas and juristic devices for the attainment of individual and group objectives within the bounds of ordered liberty –Substantive and procedural limitations on governmental power in the interest of the individual for the enforcement of which there are appropriate legal institutions and machinery

11. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Rule of Law “Americans are free to disagree with the law, but not to disobey it…” - President John F. Kennedy Jurisprudence refers to: Web Extra 3-1 The philosophy of law. Also, the science and study of the law.

12. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Types of Law Criminal law refers to: Penal code refers to: The branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order. The written, organized, and compiled form of the criminal laws of a jurisdiction.

13. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Types of Law Substantive criminal law refers to: There are variations among jurisdictions. Library Extras 3-1, 3-2, and 3-3Library Extras 3-13-23-3 The part of the law that defines crimes and specifies punishments.

14. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Civil Law Civil law refers to: Civil law contains rules for contractual and social obligations. Tort refers to: The branch of modern law that governs relationships between parties. A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.

15. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Administrative Law Administrative law refers to: Includes laws such as: The body of regulations that governments have created to control the activities of industry, business, and individuals. Tax laws Vehicle registration laws Health codes Building codes Environmental restrictions Immigration

16. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Case Law Precedent refers to: Stare decisis refers to: A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them.

17. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Procedural Law Procedural law refers to: It includes general rules of evidence, search and seizure, procedures to be followed in an arrest, and other specified processes. The part of the law that specifies the methods to be used in enforcing substantive law.

18. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 General Categories of Crime Felonies Misdemeanors Offenses Treason and espionage Inchoate offenses

19. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Felonies Felony refers to: There is a move to a scheme of classifying the seriousness of felonies. Crime classified as a felony in one part of the country may be a misdemeanor in another. A criminal offense punishable by death or by incarceration in a prison facility for at least one year.

20. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Misdemeanors Misdemeanors refer to: Most receive suspended sentences involving a fine and supervised probation. Normally, an officer cannot arrest for a misdemeanor unless it was committed in the officer’s presence. 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.

21. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Offenses Offense refers to: Often used to refer to minor violations. Infraction refers to: A violation of the criminal law. A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration.

22. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Treason and Espionage Treason refers to: Espionage refers to: Web Extras 3-2 and 3-3Web Extras 3-2 3-3 Library Extra 3-4 “A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States.” The “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage.

23. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Inchoate Offenses Inchoate offense refers to: –Conspiracy –Attempt An offense not yet completed. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

24. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 General Features of Crime The essence of crime consists of three conjoined elements: –The criminal act, –A culpable mental state, and –The concurrence of the two.

25. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Criminal Act (Actus Reus) Actus reus refers to: –An omission to act where the person is required by law to do something –Threatening to act –Attempting criminal activity –Conspiring to commit a crime An act in violation of the law. Also, a guilty act.

26. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 A Guilty Mind (Mens Rea) Mens rea refers to: Types of mens rea –Purposeful (intentional) –Knowing –Reckless –Negligent The state of mind that accompanies a criminal act. Also, a guilty mind.

27. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 A Guilty Mind (Mens Rea) Reckless behavior refers to: Criminal negligence refers to: Motive refers to: Activity that increases the risk of harm. Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. A person’s reason for committing a crime.

28. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Strict Liability and Mens Rea Strict liability refers to: Based on the presumption that causing harm is in itself blameworthy. –Routine traffic offenses –Statutory rape Liability without fault or intention. Strict liability offenses do not require mens rea.

29. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Concurrence Concurrence refers to: The coexistence of (1) an act in violation of the law and (2) a culpable mental state.

30. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Other Features of Crime Some scholars argue that additional principles must be present: –Causation –A resulting harm –Principle of legality –Principle of punishment –Necessary attendant circumstances

31. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Elements of a Specific Criminal Offense Element (of a crime) refers to: Example: Murder –An unlawful killing –Of a human being –Intentionally –With planning (or “malice aforethought”) In a specific crime, one of the essential features of that crime, as specified by law or statute.

32. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 The Corpus Delicti of a Crime Corpus delicti refers to: A person cannot be tried for a crime unless it can first be shown that the offense has occurred. –That a certain result has been produced. –That a person is criminally responsible for its production. The facts that show that a crime has occurred.

33. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Multiculturalism and Diversity Islamic law refers to: No relationship to acts of terrorism or jihad Hudud crimes: offense against Allah Tazir crime: offense against society Web Extra 3-4 A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran (Qur’an)

34. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Types of Defenses to a Criminal Charge Defense (to a criminal charge) refers to: Categories of defense: Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge. – Alibi– Excuses – Justification– Procedural defenses

35. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Alibi Alibi refers to: 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 or her participation in the commission of that crime was impossible.

36. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Justifications Justification refers to: Categories of justifications: 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. – Self-defense– Necessity – Defense of others– Consent – Defense of home and – property – Resisting unlawful – arrest

37. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Excuses Excuse refers to: Categories of excuses: 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. – Duress– Provocation – Age– Insanity – Mistake– Diminished capacity – Involuntary intoxication– Mental incompetence – Unconsciousness

38. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Insanity Insanity is: –M’Naghten rule A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong. Web Extra 3-5 A legal defense based on claims of mental illness or mental incapacity.

39. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Insanity Irresistible impulse –The defendant knew what he or she was doing and that it was wrong, but could not stop the act. Durham rule –A person is not criminally responsible for his or her behavior if the person’s illegal actions were the result of some mental disease or defect.

40. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Insanity Substantial capacity test –Found in the Model Penal Code, it suggests that insanity should be defined as the lack of a substantial capacity to control one’s behavior. Brawner rule –Places responsibility for deciding insanity squarely with the jury.

41. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Standards for Insanity Determinations by Jurisdiction

42. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Insanity Guilty but mentally ill (GBMI) –Every statutory element necessary for a conviction has been proved beyond a reasonable doubt. –The defendant is found to have been mentally ill at the time the crime was committed. –The defendant was not found to have been legally insane at the time the crime was committed.

43. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Insanity Other insanity defenses include: –Temporary insanity –Insanity defense under Federal law Consequences of an insanity ruling –Psychiatric treatment until cured –Reluctance to declare any potential criminal cured

44. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Procedural Defenses Procedural defense refers to: Categories of 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. – Entrapment– Denial of a speedy trial – Double jeopardy– Prosecutorial misconduct – Collateral estoppel– Police fraud – Selective prosecution

45. CRIMINAL JUSTICE A Brief Introduction, 6/E by Frank Schmalleger ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Procedural Defenses Entrapment refers to: Double jeopardy refers to: An improper or illegal inducement to crime by agents of law enforcement. A common law and constitutional prohibition against a second trial for the same offense.