1. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Basic Criminal Law – The U.S. Constitution, Procedure, and Crimes By Anniken U. Davenport CHAPTER 1: WHAT IS CRIMINAL LAW?

2. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Chapter Objectives  Explain the concept of English common law  Explain stare decisis  Explain mala in se and mala prohibita  Explain the term jurisprudence  List and explain the major theories of law and schools of jurisprudence  List and explain the difference between criminal and civil law

3. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Chapter Objectives  List the three categories of crimes  Explain the federal system and federalism  Explain the checks and balances  Explain the Supremacy Clause  Explain the Commerce Clause  Explain police power  List and explain the sources of American law

4. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Introduction & Historical Background law – the body of rules of conduct created by government and enforced by the authority of government jurisprudence – the study of law common law – the system of jurisprudence which originated in England and later applied in the United States, which is based on judicial precedent rather than legislative enactments

5. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Introduction & Historical Background stare decisis – to stand by that which was decided; rule by which courts decide new cases based on how they decided similar cases before precedent – prior decision that a court must follow when deciding a new, similar case

6. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence Durkheim’s Consensus Theory theory developed by the “Father of Sociology” which postulates that laws develop out of society’s consensus of what is right and wrong

7. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence Marx’s Ruling Class Theory/ Command School Theory theory based on Marx’s assertion that laws are a reflection of the interest or ideology of the ruling classes and manifestations of ongoing class conflicts 1. bourgeoisie – group with control of industrial production 2. proletariat – working classes

8. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence Blackstone’s Theory theory developed by the great English legal analyst Sir William Blackstone, which posits that two categories of crime exist 1. mala in se – acts that are crimes because they are inherently evil 2. mala prohibita – acts determined to be crimes by society

9. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence The Natural Law School school of jurisprudential thought that teaches that laws are based on morality and ethics and that people have natural rights 1. Moral Theory of Law – basis for Natural Law School, states that laws are based upon the moral code of society 2. reflected in the Declaration of Independence and the U.S. Constitution

10. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence The Historical School school of jurisprudence that states that laws are merely the accumulation of a society’s social traditions; laws evolve to accommodate changes in society The Analytical School school of jurisprudence that asters that laws are based on logic; emotions, popular opinions, and changing values hold little relevance

11. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence The Sociological School school of jurisprudence holding that laws are a way of achieving social goals realists – social theorists who view laws as a way to shape social behavior

12. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence The Critical Legal Studies School school of jurisprudence that posits that the legal system perpetuates social inequality and oppression of those without power; adherents are referred to as “the Crits” The Feminist-Critical Legal Studies School school of jurisprudence that posits that the legal system perpetuates society’s oppression and control over women; adherents are referred to as “the Fem-Crits”

13. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Theories and Law & Schools of Jurisprudence Evaluation of legal theories and schools of jurisprudence indicates that there are some elements of each theory and methodology of thought in the current American legal system

14. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Criminal Law Vs. Civil Law Criminal Law Protects Public Rights Because criminal laws are assumed to protect public interests, criminal prosecution is brought against a criminal on behalf of the entire society. crime – a wrong against society

15. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Criminal Law Vs. Civil Law Civil Law Protects Private Rights Civil law addresses violations of an individual’s rights and civil proceedings are, therefore, addressing relationships between individuals. 1. tort – a private or civil wrong or injury resulting from a breach of legal duty 2. tortfeasor – one who commits a tort

16. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Criminal Law Vs. Civil Law Criminal Law Penalties and the Burden of Proof 1. penalties can include fines, imprisonment, or death 2. Because potential penalties are so high, the burden of proof in criminal law is also high. 3. beyond a reasonable doubt – the standard of proof required for an accused person to be convicted of a criminal violation

17. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Criminal Law Vs. Civil Law Tort Penalties and the Burden of Proof 1. Penalties can include payment of money and orders to perform, or stop performing, some act. 2. Because imprisonment is not a risk, the burden of proof is lower in a civil proceeding than in a criminal one. 3. preponderance of the evidence – the standard of proof required for civil proceedings; evidence that is more convincing than the opponent’s evidence

18. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Types of Crimes summary offense – minor violation of law, such as parking tickets or minor traffic violations misdemeanors – crime punishable by relatively short prison sentences or fines; less serious than felonies felonies – the most serious classification of crime, punishable by long prison sentences or death

19. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System The Federal System system of governance in which the structure is divided into several levels; i.e. national government, state governments, and local governments Three Branches of U.S. Federal Government a. legislative branch – responsible for making laws b. executive branch – responsible for enforcing laws c. judicial branch – responsible for interpreting laws

20. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System U.S. Supreme Court – head of the judicial branch 1. hears appeals from state court systems if the issue concerns the interpretation of federal law or the U.S. Constitution and conflicts between states or citizens of different states 2. petition for certiorari – request by a litigant that the U.S. Supreme Court hear his/her appeal

21. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System 3. writ of certiorari – notice from the U.S. Supreme Court that it will hear the case 4. confirmation – process of approval for Presidential nominees by the Senate 5. impeachment – the process by which Congress may charge a sitting judge, President, or Vice-President with “high crimes and misdemeanors” and convict them in a trial before Senate. A conviction will result in removal from office.

22. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System: The Federal Judiciary 1. federal crimes are tried in the U.S. District Courts and their decisions may be appealed to the U.S. Courts of Appeals, these courts are organized into 13 Federal Circuits and are under the jurisdiction of the U.S. Supreme Court 2. exclusive jurisdiction – occurs when only one court has the authority to hear a case; the federal courts have exclusive jurisdiction over patent cases, federal crimes, federal bankruptcy cases, and most admiralty cases

23. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System: The Federal Judiciary 3. concurrent jurisdiction – occurs when two or more courts have the authority to hear a case; there are times when the federal courts can have concurrent jurisdiction with state courts 4. special courts to handle specific issues include the U.S. Tax Court and the U.S. Bankruptcy Court 5. dual sovereignty – legal doctrine that allows a person to be prosecuted by different governmental entities for the same action or set of actions; most commonly occurs in prosecution by both federal and state governments for the same action

24. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System: The States’ Judiciaries The Supremacy Clause – a clause in the U.S. Constitution stating that the Constitution, federal laws, and treaties are the supreme law of the land; Article VI, Section 2 preemption doctrine – the concept that federal law must take precedence over state and local law The Commerce Clause – a clause in the U.S. Constitution giving the federal government the right to regulate interstate commerce; Article I, Section 8, Clause 3

25. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved The American Judicial System Police Power – the power of a government to enforce laws and regulate the health, safety, and welfare of the population

26. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Sources of Law Treaties – agreements between governments 1. negotiated by the President or his/her representatives 2. ratified by the U.S. Senate 3. extradition – the process of returning an accused criminal to the jurisdiction in which he/she is charged of a crime 4. diplomatic immunity – courtesy afforded to all diplomats while in foreign countries that allows them to be immune from criminal prosecution

27. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Sources of Law Codified Law – laws passed by federal or state governments; local laws passed under the authority of state-granted powers Regulations – rules written by administrative agencies to give guidance on how to enforce a law under the authority granted by Congress Executive Orders – powers delegated to the President and state governors by the legislative branches to issue orders to enforce laws Judicial Decisions – obligation under stare decisis to follow judicial rulings creates common law

28. Davenport: Basic Criminal Law, 2 nd ed.© 2009 Pearson Education, Upper Saddle River, NJ 07458. All rights reserved Sources of Law Priority of Law 1. U.S. Constitution and ratified treaties 2. federal statutes 3. federal regulations 4. federal law 5. state law a. state constitution b. state statutes c. state regulations d. state law e. local regulations and ordinances