1. Lesson Six Criminal Law

2. 一、 General introduction of criminal law  （一） Concept of criminal law  Criminal Law is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

3. （二） Social interests served by criminal law  The main function of criminal law is to protect the social interests, here are the social interests served by the criminal law:  1.protection of persons against violence;  2.protection of public and private property;  3.maintenance of traditional morality;  4.public health and the natural environment;  5.public peace, order and safety;  6.honest and efficient of public officials

4. 二、 Crimes  （一） Definition of crime  A “crime” is any act or omission of an act in violation of a public law forbidding or commanding it so that the governing authority or force may ultimately prescribe a punishment.

5. （二） Classification of Crimes  1. Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed.  (1) A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year;  (2) A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison.

6.  2. Sometimes crimes are divided according to their nature into crimes mala in se and crimes mala prohibita;  (1) Crimes mala in se comprises those acts that are thought to be immoral or wrong in themselves, or naturally evil, such as murder, rape, arson, burglary, larceny, and the like;  (2) Crimes mala prohibita embraces those acts that are not naturally evil but are prohibited by statute because they infringe on the rights of others.

7. 三、 Types of defenses  （一） Defenses negating criminal capacity  In certain circumstances, a person who commits a crime lacks the legal capacity to be held responsible for the act :  1. Children are not criminally responsible for their actions until they are old enough to understand the difference between right and wrong and the nature of their actions. In America the division of age is regulated as follows:

8.  （ 1 ） Children under the age of seven are conclusively presumed to lack the capacity to commit a crime ；  （ 2 ） Between the ages of seven and fourteen, children are presumed to be incapable of committing a crime. However, this presumption is not conclusive; it can be rebutted by the prosecution through the admission of evidence that the child knew that what she or he was doing was wrong ；  （ 3 ） Anyone over the age of fourteen is presumed to be capable of committing a crime, but this presumption can be rebutted by proof of either mental or physical incapacity.

9.  2. Insane persons cannot, in a legal sense, form the intent necessary to commit a crime. They are not, therefore, criminally responsible for their actions.  3. Involuntary intoxication is a valid defense. It occurs when a person is forced to take an intoxicating substance against his or her will, or does so by mistake. If a defendant’s involuntary intoxicated condition causes a criminal act, the defendant will not be convicted if because of the intoxication, he or she is unable to appreciate the criminality of the conduct.

10. （二） Exculpatory Defenses  Exculpatory defenses are factors that excuse a competent person from liability for a criminal act:  1. Duress is an exculpatory defense. One who commits a crime as a result of the pressure of an unlawful threat of harm from another person is under duress and may be excused from criminal liability;  2. Entrapment is another exculpatory defense to criminal charges. Entrapment exists if a law enforcement officer induces a person to commit a crime for the purpose of instituting a criminal prosecution against the person.

11.  3.Mistakes of law or fact are seldom successful defenses.  Generally, a mistake of law is applicable only if the criminal statute was not published or made reasonably available prior to the act; the accused reasonably relied on the contrary teaching of another statute or judicial decision; or, in some jurisdictions, the accused reasonably relied on contrary official advice or a contrary official interpretation.  A mistake of fact may excuse a defendant if the mistake shows that the defendant lacked the state of mind required for the crime.

12.  3.Justification defenses include necessity, self- defense, defense of others, and defense of property.  If a person acts to protect the life or health of another in a reasonable manner and with no other reasonable choice, that person may invoke the defense of necessity.  According to the Model Penal Code, self-defense and defense of others are permissible when it reasonably appears necessary that force is required to defend against an aggressor’s imminent use of unlawful force. Nondeadly force may be used to retain property, and deadly force may be used only to prevent serious bodily harm.

13. （三） Procedural defenses  Procedural defenses make the claim 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.  Such as double jeopardy, prosecutorial misconduct and police fraud, etc.

14. Questions  1.What are the social interests served by criminal law?  2.Please introduce the types of defenses.