1. Class Name, Instructor Name Date, Semester Comparative Criminal Justice Systems / 6 th edition Chapter 3: An American Perspective on Criminal Law

2. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved 3.1 3.2 3.3 3.4 3.5 Distinguish between substantive law and procedural law List and explain the general characteristics of substantive criminal law List and explain the major principles of substantive criminal law Summarize and compare the crime control and due process models of procedural criminal law Explain why some sections of the USA PATRIOT Act are controversial CHAPTER OBJECTIVES

3. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Distinguish between substantive and procedural law Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.1

4. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Essential Ingredients of Criminal Law 3.1 Substantive Criminal Law Procedural Criminal Law Law is defined The manner of law enforcement is determined

5. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved List and explain the general characteristics of substantive criminal law Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.2

6. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Substantive Criminal Law 3.2 Delineation of rules must specify the requirements to qualify as a law ( general characteristics ) 6 1.Politicality 2.Specificity 3.Uniformity 4.Penal Sanction General Characteristics If any of these four characteristics is absent, the activity prohibited or required cannot be called criminal

7. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved List and explain the major principles of substantive criminal law Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.3

8. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Substantive Criminal Law 3.3 Delineation of rules must determine whether a particular behavior is criminal ( major principles ) 8 1.Mens rea 2.Actus reus 3.Concurrence 4.Harm 5.Causation 6.Punishment 7.Legality Major Principles A Summarizing Definition Crime refers to legally proscribed ( legality ) human conduct ( act ), causative ( causation ) of a given harm ( harm ), which conduct coincides ( concurrence ) with a blameworthy frame of mind ( mens rea ) and which is subject to punishment ( punishment ).

9. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Summarize and compare the crime control and due process models of procedural criminal law Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.4

10. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Crime Control vs. Due Process 3.4 Crime Control ModelDue Process Model Believes freedom is so important we must assure that crime is repressed Believes freedom is so important we must ensure that government intrusion follows legal procedure Emphasizes efficiency of action Emphasizes legitimacy of action Seeks to identify factual guilt Seeks to identify legal guilt

11. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Explain why some sections of the USA PATRIOT Act are controversial Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 3.5

12. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Balancing Liberty & Safety 3.5 They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. - Benjamin Franklin Crime Control Due Process Balancing desirable values is difficult Franklin’s quote suggests that a loss of liberty does not necessarily bring an equivalent gain in safety. Using terrorism as an example, how does a justice system grounded in principles of due process protect its citizens from terrorism?

13. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved A Few Controversial Aspects of the USA PATRIOT Act 3.5 Section 206 Section 206 Section 215 Section 215 Section 213 Section 213 Many provisions are not criticized so much for the authority they grant as for the perceived (by critics) absence of adequate checks and balances Many provisions are not criticized so much for the authority they grant as for the perceived (by critics) absence of adequate checks and balances Allows “roving” wiretaps for spy and antiterrorism investigations Under reauthorization: Greater detail required when target identified only by description Court must be notified within 10 days when surveillance directed at new facility or place Authorizes obtaining records of individual’s transactions and activities—including those of third party Under reauthorization: Recipients of 215 orders may obtain legal advice Requests for sensitive document (e.g., library records) requires signature of FBI Director or Deputy Director Only issued in national security cases “Sneak and peek” provision expands government ability to search private property but to delay notice to owner of the search Under reauthorization Person must be notified within 30 days—but extension up to 90 days allowed