1. Criminology The Basics of Law and Crime in America Module 1

2. Law and Crime Not so simple to define these terms Exhibit a binary relationship Modern law exists to preserve a balance between liberty and safety Crime is a violation of that balance

3. Origin of Law At first law was strength – “might makes right” Then human society becomes more complex – shamans, chiefs control law – Divine authority legitimizes these laws – Feudal systems of Europe and Asia built around Divine Right of Kings – Determination of guilt, enforcement of law, and punishment of offenders used to be done by this same priestly/noble class

4. Origins of Law History is rife with examples of priest/kings and their harsh legal codes – Hammurabi in Mesopotamia – Moses in the Holy Land – Draco in Ancient Greece – The Spanish Inquisition – The English Star Chamber

5. Two Sides of the Coin Criminal Law Crimes that are an affront or danger to the entire society Require jury trials today An example would be the OJ Simpson trial Civil Law Property disputes between two individuals Aka Tort Law An example would be People’s Court

6. Chinese Prefects Seeds of modern day crime investigation were the prefectures of Ancient China Prefects – government officials chosen by merit to investigate criminal activity in an impartial manner – Power to detain suspects for interrogation – Power to obtain witness testimony – Financial support for local governors

7. The Trial The trial of today evolved from the old trial by combat system of ancient times The accused selects a champion (defense attorney) to battle the prosecution for her/him In America, defense is given the overall advantage – This is due to the abuses that subjects of the British crown were enduring as a byproduct of the Star Chamber (aristocratic courts with judges hand picked by the king or queen)

8. Winning In order for the prosecution to win a trial, these attorneys must use the tools below to convince 12 individuals like the defendant of guilt BEYOND A SHADOW OF REASONABLE DOUBT – Evidence – Witness Testimony – Opportunity – Motive

9. Evidence What are your two kinds of evidence and how do they differ?

10. Evidence What are your two kinds of evidence and how do they differ? – Physical evidence Tangible materials (i.e. blood droplets, murder weapons, skid marks) – Circumstantial evidence Intangible observations (i.e. strange behaviors, corroborating circumstances)

11. Witnesses What are the three types of witnesses and how do they differ?

12. Witnesses What are the three types of witnesses and how do they differ? – Material witnesses – those present at the scene of the crime or had direct contact with physical evidence – Expert witnesses – those with keen insight into evidence or criminal mind states – Character witnesses – those who can vouch for the past behavior and overall lifestyle and attitude of the defendant

13. Opportunity In order to prove the guilt of a defendant, the prosecution must establish that he/she could have committed the crime Aspects – Window of time – Physical capability – Access to murder weapon Examples – Infamous origin of Denim Day – “Obesity defense”

14. Opportunity Defense can easily poke a hole in prosecution argument if they can establish an alibi for the defendant – Witness testimony or physical evidence that defendant did not opportunity to commit the crime – Examples With a loved one Receipt from a store time stamped during the criminal act’s time frame Video surveillance footage

15. Motive Reasons for committing a crime – Can be rational or irrational – Prosecution needs to explain why the crime happened to the jury Defense has a chance to counter with their own reason why defendant has no motive OR someone else has better motive to commit the crime Insanity pleas can be used for irrational motives to reduce sentences after conviction

16. Summary Evidence – the “what” of the crime Witnesses – the “who” of the crime Opportunity – the “when” of the crime Motive – the “why” of the crime Crime Scene – the “where” of the crime These are the rudimentary tools you need to begin your basic examination of criminal cases