Chapter 3: Criminal Justice and the Rule of Law

Learning Objectives Recognize the basis and foundations of American criminal law Understand how substantive criminal law defines a crime and legal responsibility of the accused Understand how procedural criminal law defines the rights of the accused and the processes of dealing with a case Recognize the United State Supreme Court’s role in interpreting the criminal justice amendments to the Constitution

Head Trauma and Homicide In 2005 Chad Gurney was injured in an automobile accident. He underwent 20 surgeries and suffered significant head injuries. In 2009 he killed his girlfriend. He tried to claim insanity and but the judge refused and sentenced him to 50 years. Do you think his condition warranted an insanity plea?

Foundations of Criminal Law Civil Law Law regulating the relationships between or among individuals, usually involving property, contracts, or business disputes Substantive Criminal Law Law that defines acts that are subject to punishment and specifies the punishments for such offenses Procedural Criminal Law Law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections

Substantive Criminal Law Typically offenses are broken into one of three classes: Felonies Most serious Misdemeanor Least serious Infractions Often civil calling usually for just fines Each state and the federal government define crimes differently Each crime is composed of separate elements or parts If a crime is attempted but one element is lacking is called an inchoate offense

Seven Principles of Criminal Law Legality Actus reus Causation Harm Concurrence Mens rea Punishment

FIGURE 3.1

Principles of Criminal Law Legality There must be a law that defines the specific action as a crime Offensive and harmful behavior is not illegal unless it has been prohibited by law before it was committed The U.S. Constitution forbids ex post facto laws

Principles of Criminal Law Actus Reus For a crime to occur there must be an act of either commission or omission by the accused Robinson v. California, 1962 People can be prosecuted for use, sale, or possession of drugs but not for the status of being addicted to drugs

Principles of Criminal Law Causation For a crime to have been committed there must be a causal relationship between an act and the harm suffered Harm To be a crime, an act must cause harm to some legally protected value This harm can occur to a victim, society or even to the person who commits the offense Concurrence For an act to be considered a crime, the intent and the act must be present at the same time

Principles of Criminal Law Mens rea Latin for the “guilty mind” The commission of an act is not a crime unless it is accompanied by a guilty state of mind Criminal intent, as distinguished from innocent intent Some crimes lack the guilty mind elements, they are called strict liability offenses

Principles of Criminal Law Punishment There must be a provision in the law calling for punishment of those found guilty of violating the law The punishment is enforced by the government and may carry with it: Social stigma Criminal record Loss of freedom Loss of rights

Video – Discussion Questions Do you think it is easy to establish Mens Rea? How can mental intent be proved?

Video – Is Mental Intent Always Clear?

Penn State and Sanctions In July of 2012 the University of Pennsylvania State was sanctioned $60 million dollars, forfeited a 112 games and lost 20 scholarships. This was punishment for the University’s complicity in the Jerry Sandusky’s child molestation convictions. What were the purposes of such sanctions? Who was punished? Were the punishments just?

Elements of a Crime In order for an act to be considered a crime the following elements must be present: Actus Reus The “guilty act” Mens Rea The “guilty mind”

Defenses Used to Challenge Criminal Intent Entrapment Self defense Necessity Duress Immaturity Mistake of fact Intoxication Insanity

Justification Defenses Self Defense A person who feels he or she is in immediate danger may use force ward off an attack. In most states a person also has a right to defend other people from attack, to protect property, and to prevent a crime. Necessity The defendant breaks a law in order to save themselves or prevent a greater harm.

Excuse Defenses Duress Entrapment Immaturity The defendant is physically coerced by another to commit a crime. Entrapment The police induced the individual to commit a crime when he ordinarily would not have. Immaturity The defendant was an ‘infant’ under 7 years of age State vary on penalties between 7 and 18

Excuse Defenses Mistake of Fact Intoxication Ignorance that a act was illegal is not a defense However, if you didn’t know what type of act you committed it can be a defense Intoxication Voluntary intoxication is not a defense Typically, it can sometimes be used as a mitigating factor in sentencing

Excuse Defenses Insanity Used very rarely, and very rarely successfully Less than 1% of those in mental institutions are there because of plea of not guilty by reason of Insanity Generally states use on of 5 tests: M’Naghten Rule Irresistible Impulse Test Durham Rule Model Penal Code’s Substantial Capacity Test Comprehensive Crime Control Act of 1994 Test

M’Naghten Rule Developed in England in 1843 and used by more than a dozen states “Right from wrong test” “At the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.”

Model Penal Code Over half of the states and the federal government use this test, which was developed in the early 1970s The test states: “If at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.”

Insanity and Mental Illness In July of 2012 James Holmes opened fire in a crowded theater in Aurora, Colorado, kill 12 and injuring 58. Holmes had until recently been a model student, but at some point seemed to suffer from some type of mental breakdown. What would be sufficient do you think to removed Holmes from the legal to the medical system?

Procedural Criminal law Defines how the state must process a case Designed to protect individual rights and enforce due process Whereas substantive criminal law is defined by legislatures, procedural criminal law is defined by courts

Bill of Rights Of the ten amendments in the Bill of Rights, four are directly relevant to criminal justice: Fourth Fifth Sixth Eighth These amendments protect citizens from such infringements as: Double jeopardy Self-incrimination Unreasonable searches and seizures

FIGURE 3.2

The Amendments Fourth Amendment Fifth Amendment Sixth Amendment Protection against unreasonable searches and seizures Fifth Amendment Protection against self-incrimination and double jeopardy Sixth Amendment The right to counsel and a fair trial Right to a speedy trial and an impartial jury Eighth Amendment Protection against excessive bail, excessive fines, and cruel and unusual punishment

The 14th Amendment For over 100 years the Bill of Rights applied only to the Federal Government Between the 1930s and 1960s it was gradually applied to the states as well States were required to meet a standard of ‘fundamental fairness’