1. 4 Criminal Law CHAPTER CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

2. Law A law is a rule of conduct, generally
found enacted in the form of a statute,
that proscribes or mandates certain
forms of behavior.
Laws channel human behavior while they
simultaneously constrain it, and they
empower individuals while contributing
to public order.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

3. What Do Laws Do? Laws maintain order in society.
Laws regulate human interaction.
Laws enforce moral beliefs.
Laws define the economic environment.
Laws enhance predictability.
Laws support the powerful.
Laws promote orderly social change.
Laws sustain individual rights.
Laws redress wrongs.
Laws identify wrongdoers.
Laws mandate punishment and retribution.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

4. Where are our laws? Laws are found in statutory provisions and
constitutional enactments, as well as hundreds
of years of rulings by courts at all levels.
Statutory law is the written or codified law: the
“law on the books,” as enacted by a government
body or agency having the power to make laws.
The written form of criminal law is called the
penal code.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

5. Interpreting Statutory Law
Courts interpret the statutory laws.
Case law—law that results from judicial decisions.
Judicial precedent
Built on legal reasoning and past
interpretations of statutory law
Guides decision making, especially in the
courts.
Common law—the traditional body of unwritten
historical precedents created from everyday
social customs, rules, and practices, which may be
supported by judicial decisions.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

6. The Rule of Law A cornerstone of our Western way of life.
The rule of law holds that an orderly society
must be governed by established principles
and known codes that are applied uniformly
and fairly to all of its members.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

7. Jurisprudence The philosophy of the law. Also, the science
and study of the law, including the rule of law.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

8. Types of Law Criminal law Civil law Administrative law Case law
Procedural law
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

9. Criminal Law
Criminal law (also known as penal law) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order.
Crimes injure not just individuals, but
society as a whole.
Punishment for violators of criminal law is
justified by the fact that the offender intended
the harm and is responsible for it.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

10. Written Criminal Law There are two types of written criminal law:
Substantive law—describes which acts constitute crimes and specifies punishments for those acts.
Procedural law—specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

11. Civil Law
Civil law governs relationships between parties and provides a formal way to regulate non-criminal relationships between people, businesses, other organizations, and agencies of government.
A violation of this law is often called a tort.
Civil law includes breaches of contract, contested
wills, trusts, etc.
The result is often only loss of money.
- Compensatory damages
- Punitive damages (in cases of gross
negligence)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

12. Administrative Law
Administrative law is the body of regulations that governments create to control the activities of businesses, industry, and individuals.
This type of law is not usually directed at
criminal violations, though at times criminal and
administrative law do overlap.
Regulatory boards are given authority to make
rules and to set standards.
Administrative agencies will sometimes arrange
settlements that are binding on those who
violated an administrative law.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

13. Case Law
Case law comes from judicial decisions. It is referred to as the law of precedent.
Under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations.
Requires that courts in subsequent cases on
similar issues of law and fact be bound by their
own earlier decisions and by those of higher
courts within their jurisdiction.
Creates predictability in the law.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

14. Procedural Law
Procedural law is a type of statutory law that regulates the processing of an offender by the criminal justice system. It includes:
General rules of evidence
Search and seizure
Procedures following an arrest
Procedural laws protect the rights of suspects while establishing a clear-cut series of formal proceeding through which substantive criminal law can be enforced.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

15. General Categories of Crimes
There are many different types of crimes,
which vary in severity. Five categories of
law violations are:
Felonies
Misdemeanors
Offenses
Treason and espionage
Inchoate offenses
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

16. Felonies
Felonies are serious crimes that are punishable by a year or more in prison or by death.
Often, convicted felons lose certain privileges, such as being able to practice medicine or carry a gun.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

17. Misdemeanor
Misdemeanors are less serious crimes that are punishable by up to a year in a local correctional facility.
Most misdemeanants receive a fine and
probation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

18. Offenses Offenses are violations of the criminal law.
Though technically all crimes are offenses,
the term can also be used specifically to
refer to minor violations of the law that are
less serious than misdemeanors.
Another word for such minor law
violations is infraction.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

19. Treason and Espionage
Treason and espionage are among the most serious felonies.
Treason refers to a U.S. citizen’s action to help a
foreign government overthrow, make war
against, or seriously injure the United States.
Espionage is similar, but can be committed by
non-citizens as well. It refers to gathering,
transmitting, or losing information relating to
national defense in such a manner that the
information becomes available to enemies of the
U.S. and may be used to their advantage.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

20. Inchoate Offenses Inchoate offenses are offenses not yet completed.
Consists of an action or conduct that is a
step toward the intended commission of
another offense.
Examples: conspiracies and attempts.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

21. General Features of Crime
The essence of crime consists of
three elements:
Actus reus (the criminal act)
Mens rea (a culpable mental state)
Concurrence of the two
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

22. The Criminal Act (Actus Reus)
Actus reus—the guilty act
There has to be an act. Thoughts alone are
not sufficient to constitute a crime.
To be something (like a drug addict) is not
enough.
In some instances, speech can constitute a
crime even though there is no specific
physical action (i.e. yelling “fire” in a
crowded theater when there is no fire).
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

23. A Guilty Mind (Mens Rea)
Mens rea refers to a person’s mental state
at the time the act was committed.
There are four levels of mens rea:
Purposeful
Knowing
Reckless
Negligent
Mens rea is not the same as motive.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

24. Strict Liability and Mens Rea
Strict liability offenses are a special category of crime that require no culpable mental state.
The purpose of these absolute liability offenses is to protect the public.
Examples include:
Traffic laws
Narcotics laws
Health and safety regulations
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

25. Concurrence
Concurrence requires that the guilty mind and guilty act occur together for a crime to take place.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

26. Other Features of a Crime
To fully appreciate contemporary
understanding of crime, some scholars
recognize five additional principles of
crime:
1. Causation
2. Resulting harm
3. Legality principle (includes the notion
that ex post facto laws are not allowed)
4. Punishment principle
5. Necessary attendant circumstances
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

27. Elements of a Specific Crime
Elements of a specific crime are the essential
features of a given crime, as specified by law or
statute.
For example, the elements of first-degree murder
might be: 1) an unlawful killing, 2) of a human
being, 3) intentionally, 4) by another person, and
5) with malice.
To convict someone of a particular crime, each
element must be proven beyond a reasonable
doubt.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

28. The Corpus Delicti of a Crime
Corpus delicti literally means the “body
of crime.”
A person cannot be tried for a crime
unless it can first be proven that:
A criminal law has been violated, and
A person is criminally responsible.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

29. Types of Defenses to a Criminal Charge
Those who are charged with a crime typically
offer some defense attempting to show why
they should no be liable for a criminal charge.
There are four broad categories of defenses:
Alibi
Justifications
Excuses
Procedural defenses
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

30. Alibi
An alibi is a statement or contention by the defendant stating that he or she could not have committed the crime in question because he or she was somewhere else at the time of the crime.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

31. Justification
With justification defenses, defendants admit committing the offense, but believes that they should not be held criminally responsible because of a legally sufficient justification for their actions (lesser of two evils).
Examples:
Self-defense
Necessity
Defense of others
Consent
Defense of home and property
Resisting unlawful arrest
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

32. Self-Defense Self-defense makes the claim that it was
necessary to inflict pain on another to ensure
one’s own safety in the face of near-certain
injury or death.
Retreat rule—If the opportunity to escape
exists, then the courts require that the victim
take that opportunity and flee.
If the opportunity to flee does not exist, then
the victim can use reasonable force to defend
herself.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

33. Defense of Others You may use reasonable force to defend
others who are or who appear to be in
imminent danger.
Sometimes called the alter ego rule.
Defense of others does NOT include entering
an illegal fight to help a family member or
friend.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

34. Defense of Home and Property
Most jurisdictions allow for the use of
reasonable, non-deadly force in defense of
one’s property.
If that property is one’s home, the castle
exception to the retreat rule applies.
It is not necessary to retreat from one’s own
home before resorting to deadly force in the face
of an immediate threat.
A “home” is one’s dwelling, whether owned,
rented, or borrowed.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

35. Necessity One can sometimes violate the law when
the purpose of the action is to prevent
even greater harm.
Courts have a difficult time with this
defense, especially when it results in a
person’s death.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

36. Consent If harm comes to an individual after she
agreed to participate in the activity, then
the question that is raised is this:
Was a crime committed if the victim
gave her consent?
Example: victim dies during “rough sex.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

37. Resisting Unlawful Arrest
A person has the right to resist arrest
if the arrest is unlawful.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

38. Excuses
With excuse defenses, defendants admit committing the offense, but believe that they should not be held criminally responsible because of some personal condition or circumstance at the time of the act.
Examples:
Duress
Provocation
Age
Insanity
Mistake
Diminished capacity
Involuntary intoxication
Mental incompetence
Unconsciousness
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

39. Duress Duress is an unlawful threat or coercion
that induces a person to act in a way they
normally would not act.
Often not a useful defense when serious physical
harm ensues.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

40. Age
Age is an excuse defense commonly called “infancy.” It is rooted in the belief that children cannot logically reason until around age seven. Therefore, only older children may be held responsible for crimes.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

41. Mistake Two types of mistakes serve as defenses: 1. Mistake of law
- Rarely acceptable
2. Mistake of fact
- Understanding of facts is incorrect
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

42. Involuntary Intoxication
Sometimes, people are tricked into consuming intoxicating substances.
Drugs or alcohol (though being “tricked”
into consuming alcohol may be difficult to
prove)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

43. Unconsciousness
A person cannot be held responsible for anything he or she does while unconscious.
Examples:
Sleepwalking
Epileptic seizures
Neurological dysfunction
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

44. Provocation
Provocation recognizes that a person can be emotionally enraged by another who may intend to elicit just such a reaction.
It is more acceptable in minor offenses.
Sometimes used in cases where a wife kills
her husband or a child kills her father after
claiming years of abuse.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

45. Insanity
Insanity is a legal definition, not a psychiatric one. Several different interpretations of insanity exist, for example:
M’Naghten rule
Irresistible impulse
Durham rule
Substantial capacity test
Brawner rule
Guilty, but mentally ill
Temporary insanity
Diminished capacity
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

46. Standards for Insanity Determinations by Jurisdiction
Source: Bureau of Justice Statistics, State Court Organization 1998.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

47. M'Naghten Rule
According to the M'Naghten Rule a person is not guilty of a crime if, at the time of the event, they either did not know what they were doing, or did not know that what they were doing was wrong.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

48. Irresistible Impulse
… defendant knows what he is doing and knows that it is wrong, but cannot help himself.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

49. Durham Rule
… a person is not criminally responsible for their behavior if their illegal action was the result of some mental disease or defect.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

50. Brawner Rule
The Brawner Rule 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.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

51. Guilty but Mentally Ill
The public is not always satisfied that justice has been served in cases where the defendant was determined not criminally responsible due to insanity. “Guilty but mentally ill” was created in response to this frustration. This can be established if:
Every element necessary for a conviction has been proven beyond a reasonable doubt;
Defendant is found mentally ill at time of offense; and
Defendant is found NOT to have been legally insane at time crime was committed.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

52. Temporary Insanity
Offender claims to only have been insane at the time of the offense.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

53. The Insanity Defense under Federal Law
The federal Insanity Defense Reform Act (IDRA) was passed in IDRA places the burden of proof of insanity on the defendant. Insanity is defined as:
a condition in which the defendant can be
shown to have been suffering under a “severe
mental disease or defect” and as a result, “was
unable to appreciate the nature and quality or the wrongfulness of his acts.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

54. Consequences of an Insanity Ruling
An insanity ruling is not an “easy way out.” The judge may order the person to undergo treatment until he or she is cured.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

55. Diminished Capacity
Diminished capacity, or diminished responsibility, is based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crimes.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

56. Mental Incompetence
Sometimes courts find suspects “incompetent to stand trial.”
as a result of mental illness, defect, or disability, a
defendant in incapable of understanding the
nature of the charges and proceeding against him
or her, of consulting with an attorney, and of
aiding in his or her own defense.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

57. Procedural Defenses
With procedural defenses, defendants claim that they were in some 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.
Examples:
Entrapment
Denial of speedy trial
Double jeopardy
Prosecutorial misconduct
Collateral estoppel
Police fraud
Selective prosecution
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

58. Entrapment
Entrapment occurs when agents of law enforcement improperly or illegally induce a person to commit a crime that he or she would not otherwise have committed.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

59. Double Jeopardy
The Fifth Amendment prohibits double jeopardy. A person cannot be tried twice for the same crime.
Double jeopardy does not apply:
In cases of trial error
When there’s been a hung jury
When it has been declared a mistrial
One may still be tried:
In both federal and state courts
In both civil and criminal courts
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

60. Collateral Estoppel Similar to double jeopardy.
Facts that have already been determine by a
“valid and final judgment” cannot become the
object of a new litigation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

61. Selective Prosecution
Based on the Fourteenth Amendment’s equal protection clause, selective prosecution may be used in cases where more than one person was suspected but not actively pursued.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

62. Denial of a Speedy Trial
The Sixth Amendment guarantees the right to a speedy trial.
The federal government and most states have laws
(speedy trial acts) that set a reasonable period for
a trial to be considered speedy.
If the limit is exceeded, the person is set free and
no trial can occur.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

63. Prosecutorial Misconduct
Acts of prosecutorial misconduct are those undertaken by prosecutors that give the government an unfair advantage or that prejudice the rights of a defendant or a witness.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

64. Police Fraud
Police fraud include allegations that the police violated the law, as with planting evidence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.