1. Chapter 4 Inside Criminal Law

2. Learning Objective 1
Explain precedent and the importance of the doctrine of stare decisis

3. Learning Objective 1
Law consists of enforceable rules governing relationships among individuals and their society
An early example of law was Hammurabi’s Code, which was based on the principle of lex Talionis
English common law
Stare Decisis

4. Learning Objective 2
List the four written sources of American criminal law

5. Learning Objective 2 Constitutional Law Statutory Law
The U.S. Constitution and the various state constitutions
Statutory Law
Laws and ordinances passed by Congress and state legislatures
Administrative Law
Regulations, created by agencies such as the federal Food and Drug Administration
Case Law
Court decisions

6. Learning Objective 3
Explain the two basic functions of criminal law

7. Learning Objective 3 Protect and Punish: Maintain and Teach:
The legal function of the law
Maintain social order by protecting citizens from criminal harm
Includes harms to both individuals and society in general
Maintain and Teach:
The social function of the law
Expressing public morality
Teaching societal boundaries

8. Learning Objective 4
Delineate the elements required to establish mens rea (a guilty mental state)

9. Learning Objective 4 Corpus delicti consists of: Criminal Act
Actus reus
Crimes may be acts of commission, or acts of omission, or even attempted acts
Mental State
Mens rea
Intent is required to establish guilt of a crime. Intent includes elements of purpose, knowledge, negligence, and recklessness
Concurrence
The guilty act and the guilty intent must occur together

10. Learning Objective 5
Explain how the doctrine of strict liability applies to criminal law

11. Learning Objective 5
Mens Rea plays a crucial role in differentiating between varying degrees of criminal responsibility or criminal liability
Strict Liability
Offenses hold the defendant guilty even if intent to commit the offense is lacking
Accomplice Liability
Suspects can be charged for crimes they did not actually commit if it can be proven they acted as an accomplice

12. Learning Objective 5 Corpus delicti also consists of: Causation
The criminal act caused the harm suffered
Attendant Circumstances
In certain crimes, accompanying circumstances are relevant to corpus delicti
Harm
Damages resultant from the criminal act Inchoate offenses are conduct deemed criminal without actual harm being done

13. Learning Objective 6
List and briefly define the most important excuse defenses for crimes

14. Learning Objective 6 Excuse Defenses: Infancy Insanity Intoxication
Youthful offenders cannot understand the consequences of their actions.
Insanity
A person cannot have the state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act.
Intoxication
Mistake

15. Discussion Questions What category does the term insanity come from?
What are some of the standards that are considered in the various states?

16. Video: Klan member verdict

17. Learning Objective 7
Describe the four most important justification defenses

18. Learning Objective 7 Justification Defenses: Duress Self-Defense
The defendant is threatened with seriously bodily harm, which induces him/her to commit the crime
Self-Defense
The defendant must protect him/herself from injury by another
Duty to retreat
Necessity
Circumstances required the defendant to commit the act
Entrapment
The defendant claims to have been induced by police to commit the act

19. Learning Objective 8
Distinguish between substantive and procedural criminal law

20. Learning Objective 8 Substantive Criminal Law:
Law that defines the acts
that the government will punish
Procedural Criminal Law:
Procedures, drawn
from the Bill of
Rights, that are
designed to protect
the constitutional
rights of individuals

21. Learning Objective 9
Explain the importance of the due process clause in the criminal justice system

22. Learning Objective 9
Procedural due process is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner
Substantive due process is a Constitutional requirement that laws used in accusing and convicting persons of crimes must be fair