1. Chapter 1 The Nature, Purpose, and Function of Criminal Law

2. What is the Criminal Law?
The foundation of the criminal justice system.
States specify a variety of unacceptable and condemned behaviors in their criminal codes.
Engaging in these acts may lead to arrest, prosecution, & punishment.

3. The Nature of Criminal Law
Crimes are behaviors declared by laws as illegal (criminal offenses) AND have specified punishments/sanctions attached for engaging in these behaviors.
Importantly, crimes are acts officially condemned by the community and carries a sense of shame/humiliation.

4. Criminal versus Civil Law
Criminal laws—protect society from condemned behaviors by individuals
Civil laws—protect individual interest rather than public interest
Tort—injury to an individual and/or to his/her property

5. Purposes of the Criminal Law
Harm (prevent threatening conduct)
Warning (of illegal behaviors & punishments)
Definition (act & intent required for each crime)
Seriousness (serious v. minor offenses)
Punishment (protect, deter, rehabilitate, & satisfy revenge)
Victims (represent victim, family, & community interests)

6. The Principles of Criminal Law
Substantive Criminal Law—analysis of the definition of specific crimes & the general principles that apply to all crimes
Criminal Procedure—study of the legal standards that govern the detection, investigation, & prosecution of crimes

7. General Criminal Law: Basic Principles
Criminal Act
Criminal Intent
Concurrence
Causation
Responsibility
Defenses

8. Categorizing Crimes… Capital felony Felony Gross misdemeanor
Petty misdemeanor
Violations/infractions
***most to least serious

9. More Crime Categories…
Mala in se
inherently evil
Mala Prohibita
only prohibited by statute
Infamous
deserving of shame/disgrace

10. More Categories, by Subject Matter
Crimes against the State
Crimes against Persons
Crimes against Habitation
Crimes against Property
Crimes against Public Order
Crimes against Administration of Justice
Crimes against Public Morals

11. Sources of US Criminal Law
English and American common law
State criminal codes
Municipal ordinances
Federal criminal code
State and Federal constitutions
International treaties
Judicial decisions

12. What is the Common Law? Foundation of US criminal law
Unwritten law until 1300
Product of judicial decisions in actual cases
Adopted by the 13 original states after the American Revolution

13. Source: State Criminal Codes
Written criminal codes adopted beginning in the 19th century
Some states remain common law states… others are code jurisdictions
Reception statute (provides that states “receive” the common law as part of their criminal law)
Common law still plays an important role even in code states

14. Source: State Police Power
The duty to protect the well-being & tranquility of a community & to prohibit acts or things reasonably thought to bring evil or harm to its people.
Source: Model Penal Code
An ideal set of “model” criminal codes developed by the ALI—the primary reason for the significant degree of agreement in the definition of crimes in the state criminal codes.

15. Source: Federal Statutes
Congressional responsibilities set forth in the US Constitution (some examples)
Regulate interstate commerce
Power to declare war
Provide for the national defense
Coin money & collect taxes
Congress is entitled to make all laws necessary & proper in order to fulfill these responsibilities.
The 10th Amendment (federal v state powers)

16. Source: Federal Statutes (cont.)
The Federal Criminal Code compiles the criminal laws adopted by the US Congress.
The Supremacy Clause of the Constitution provides that the federal law is superior to the states’ laws in particular areas (to preserve the national government)…otherwise known as the Preemptive Doctrine.
Dual sovereignty is the sharing of power between the federal & state governments.

17. Limitations: Constitutions
Federal & state constitutions establish limits & standards for provisions in the criminal law.
The ability of legislators to enact criminal laws is limited by public opinion.
The democratic will of the majority is subject to constitutional limitations.

18. 1.1. You Decide: Rodney King
Think about/discuss the following issues…
Double jeopardy (as the officers were tried—and acquitted—at the state level then tried at the federal level)
What about the Dual Sovereignty Doctrine?
Did the criminal law & criminal court process operate fairly in this case? Why or why not?

19. Key Issues Defining crimes & legally-required elements
Differences between criminal & civil law
Purposes of criminal law in the US
Various parts of the criminal law
Basic criminal law principles
Various ways of categorizing criminal behavior
Sources of criminal law
Limitations on creating criminal laws

20. Briefing Cases Key terms Case Structure Case Briefs
Bench trials, trial transcripts, appellate courts, briefs, oral arguments, trial de novo, appellant, appellee, collateral attack, petitioner, respondent, habeas corpus, writ of certiorari
Case Structure
Introduction: title, citation, judge, outline
Judicial Opinion: history, facts, law
Case Briefs
Importance of & contents/components