Presentation is loading. Please wait.

Presentation is loading. Please wait.

Criminal Law Chapter 1 The Nature and Limits of Criminal Law Joel Samaha, 9th Ed.

Similar presentations


Presentation on theme: "Criminal Law Chapter 1 The Nature and Limits of Criminal Law Joel Samaha, 9th Ed."— Presentation transcript:

1 Criminal Law Chapter 1 The Nature and Limits of Criminal Law Joel Samaha, 9th Ed.

2 Conduct that Unjustifiably Inflicts Harm Crime Crime Noncriminal wrong Noncriminal wrong Regulation Regulation License License Lawful Lawful

3 Conduct that Unjustifiably Inflicts Harm Crime Crime The degree of severity should reflect the amount of stigma that a criminal should suffer and the severity of punishment a person deserves

4 Conduct that Unjustifiably Inflicts Harm Non-criminal wrongs (torts) Non-criminal wrongs (torts) Victims should sue the actors (a word for parties in legal cases) who injured them, but the stigma of criminal should not be attached to the offender. License License Taxes, Licensing, Permits, etc. and pursuing those who violate the laws. Neither encourages nor discourages the behavior.

5 Conduct that Unjustifiably Inflicts Harm Lawful Lawful There are no legal consequences for the act but it can still be deemed deviant behavior by peers and the community. Regulation Regulation Government places this burden on behaviors to discourage them, i.e., alcohol tax creates a higher user price, but drinking is not a criminal act.

6 Principles of Criminal Liability conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest, Model Penal Code, conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest, Model Penal Code, A conduct that was committed A conduct that was committed Unjustifiably and inexcusably Unjustifiably and inexcusably Inflicts or threatens substantial harm Inflicts or threatens substantial harm To individual or public interests To individual or public interests

7 Criminal Law versus Civil Law Criminal Law Criminal Law Public Wrongs Public Wrongs Prosecuted by the State Prosecuted by the State Proof beyond a reasonable doubt Proof beyond a reasonable doubt Right to counsel Right to counsel Defendant has right to silence Defendant has right to silence Penalties or sanctions are based on seriousness of the offense, i.e., misdemeanors and felonies Penalties or sanctions are based on seriousness of the offense, i.e., misdemeanors and felonies Civil Law (torts) Private Matters Private parties file suit Preponderance of the evidence Must hire own attorney Defendant may be forced to testify Penalties based on compensation or remedies

8 Question What is the most important difference between torts and crimes? Explain how this relates to punishment.

9 Criminal Punishment Every criminal law has to define the crime and prescribe a punishment. Criteria for criminal punishment Criteria for criminal punishment Inflict pain or other consequences Prescribed within the law defining the crime Administered intentionally Administered by the state as punishment Limitation: 8th amendment Limitation: 8th amendment

10 Criminal Punishment (Continued) Prevention (forward looking) Prevention (forward looking) General deterrence Special deterrence (specific) Inapacitation Rehabilitation Retribution (backward looking) Retribution (backward looking) An eye for an eye captures the idea of retribution

11 Trends in Punishment Historically, societies have justified punishment on the grounds of retribution, deterrence, and rehabilitation. Historically, societies have justified punishment on the grounds of retribution, deterrence, and rehabilitation. Retribution dominated penal policy until the 18th century, when it was replaced with deterrence and incapacitation. Retribution dominated penal policy until the 18th century, when it was replaced with deterrence and incapacitation. Rehabilitation replaced deterrence in the late 20th century and was the major form of punishment until the early 1960s. Rehabilitation replaced deterrence in the late 20th century and was the major form of punishment until the early 1960s. By the mid-1980s retribution and incapacitation were the primary forms of criminal punishment. By the mid-1980s retribution and incapacitation were the primary forms of criminal punishment.

12 General and Specific Parts of Criminal Law General part of criminal law General part of criminal law Covers principles that apply to all crimes: constitutional principles found in the U.S. and state constitutions Special part of criminal law Special part of criminal law The special part defines specific crimes and arranges them into groups according to the subject matter and seriousness

13 Crime Classification Felonies Felonies Crimes punishable by death or imprisonment in a state facility for life or a period of time. Misdemeanors Misdemeanors Crimes punishable by a fine or a jail term of up to a year in a local facility.

14 Grading Crimes Malum in se Malum in se Inherently evil conduct that has injurious consequences, e.g., murder, rape, robbery Malum prohibitum Conduct prohibited by law because they are not evil in nature, e.g., dui, tax evasion, speeding, carrying a concealed weapon Societal Controversy… Every society may disagree on what is evil behavior and what behavior should be criminalized by society. Examples: 1) Viewing sex offenders differently county by county 2) Different states having different ages at which a child can be treated as an adult for a crime

15 Definition of Crimes Crimes against the state: Crimes against the state: Domestic & foreign terror Crimes against persons: Crimes against persons: Murder & rape Crimes against property: Crimes against property: Stealing & trespass Crimes against public order and morals: Crimes against public order and morals: Aggressive panhandling & prostitution

16 Principle of Legality Also known as the rule of law Also known as the rule of law This principle purports that law controls the power of government. This principle purports that law controls the power of government. It consists of four values that has existed from Aristotle in 350 B.C to the Magna Carta in 1215, they include: It consists of four values that has existed from Aristotle in 350 B.C to the Magna Carta in 1215, they include: Fairness Liberty Democracy Equality Equality

17 No Crime Without Law: No Punishment Without Law l Explain this proposition. The case of Treva Hughes (Hughes v. State, 1994 ) is an excellent example.

18 Legislative and Judicial Retroactive Criminal Law Making Legislative retroactive law making has a ban imposed on it. One reason for the ban is to allow the rule of law not the rule of officials. Legislative retroactive law making has a ban imposed on it. One reason for the ban is to allow the rule of law not the rule of officials. Judicial retroactive criminal law making allows judges to exercise their judgment (discretionary decision making) in cases. Judicial retroactive criminal law making allows judges to exercise their judgment (discretionary decision making) in cases. Limits to law making include: Judges are bound by the U.S and state Constitutions Judges have to follow the rule of lenity and stick Precedent Stare decisis Rule of lenity: implies that when judges apply a criminal statutes to a defendant, they must stick clearly within the letter of the statute. Rule of lenity: implies that when judges apply a criminal statutes to a defendant, they must stick clearly within the letter of the statute.

19 Sources of Criminal Law U.S. Constitution U.S. Constitution State constitutions State constitutions Common law of England & U.S. Common law of England & U.S. U.S. criminal code U.S. criminal code State criminal codes State criminal codes Municipal ordinances Municipal ordinances Judicial decisions interpreting codes Judicial decisions interpreting codes and the common law

20 Common-Law Origins Criminal codes didnt spring full-grown from state legislatures. They evolved from a long history of ancient offenses called common-law crimes. Criminal codes didnt spring full-grown from state legislatures. They evolved from a long history of ancient offenses called common-law crimes. These crimes were created before legislatures existed and when social order depended on obedience to unwritten rules: These crimes were created before legislatures existed and when social order depended on obedience to unwritten rules: lex non scripta State common law crimes State common law crimes Following the American revolution, the 13 original states adopted the common law. Federal common law crimes U.S v. Hudson and Goodwin (1812): There are no federal common law crimes, however, there are exceptions, e.g., the Sherman Act, civil rights legislation, and mail fraud statutes.

21 Constitutional Limits Due process of law Due process of law Legislatures have to write criminal laws that are clear enough for individuals and government officials to know in advance exactly what the law bans. Equal protection of the law Equal protection of the law Legislatures cannot define crimes and punishments that apply differently based on inherited characteristics (race, ethnicity, gender, and age). Individual rights and liberties Individual rights and liberties Legislatures cannot make crimes that violate the rights to free speech, religion, and privacy.

22 Model Penal Code (MPC) Focuses on the analysis of criminal liability meaning who is responsible for what. Focuses on the analysis of criminal liability meaning who is responsible for what. After the adoption of MPC in 1962, more than forty states changed their criminal codes. After the adoption of MPC in 1962, more than forty states changed their criminal codes. None of the states adopted the MPC completely, but it influenced all of them to an extent, in essence, the MPC is the common denominator in U.S. criminal law. None of the states adopted the MPC completely, but it influenced all of them to an extent, in essence, the MPC is the common denominator in U.S. criminal law.

23 Administrative Agency Crimes These are rules or laws written by administrative agencies, who have been granted authority from both federal and state legislatures to create laws. These are rules or laws written by administrative agencies, who have been granted authority from both federal and state legislatures to create laws. They are a rapidly growing source of criminal law, but they often raise constitutional questions. Two such questions are: They are a rapidly growing source of criminal law, but they often raise constitutional questions. Two such questions are: Can legislatures authorize administrative agencies to create regulations, when there is a criminal penalty for violating such regulation? Can legislatures allow agencies to set up their own courts to decide cases involving violations of the regulations they have created?

24 Criminal Law in the Federal System There are 52 criminal codes: one for each of the fifty states, one for the District of Columbia, and the U.S. Criminal Code. There are 52 criminal codes: one for each of the fifty states, one for the District of Columbia, and the U.S. Criminal Code. Definitions, defenses, and punishment of crimes vary across state lines. Definitions, defenses, and punishment of crimes vary across state lines.

25 Reading Case Law Facts of the case Facts of the case Action of the court Action of the court Intention of the court Intention of the court Question - Legal issue(s) involved Question - Legal issue(s) involved Decision Decision Affirm Affirm Reverse Reverse Reverse and remand – sent back to lower court Reverse and remand – sent back to lower court Opinion Majority Concurring Plurality Dissenting

26 Finding Cases Example: (State v. Metzger [Chapter 2]), just after the title of the case, State v. Metzger, you read 319 N.W. 2d 459 (Neb. 1982). Example: (State v. Metzger [Chapter 2]), just after the title of the case, State v. Metzger, you read 319 N.W. 2d 459 (Neb. 1982). Heres how to interpret this citation: Heres how to interpret this citation: 319 = First number is always the Volume number N.W.2d = Northwestern Reporter, Second Series 459 = page number (Neb. 1982) = Nebraska Supreme Court in the year 1982 (Neb. 1982) = Nebraska Supreme Court in the year 1982

27


Download ppt "Criminal Law Chapter 1 The Nature and Limits of Criminal Law Joel Samaha, 9th Ed."

Similar presentations


Ads by Google