Chapter 3 Criminal Law: Substance and Procedure

Learning Objectives Know the similarities and differences between criminal law and civil law Understand the concept of substantive criminal law and its history Discuss the sources of criminal law Be familiar with the elements of a crime Define the term “strict liability” Be able to discuss excuses and justification defenses for crimes

Learning Objectives Be familiar with the most recent developments in criminal law reform Describe the role of the Bill of Rights in shaping criminal procedure List the elements of due process of law Know about the role the Supreme Court plays in interpreting the Constitution and shaping procedural law

Rule of Law Substantive Criminal Law Procedural Criminal Law Civil Law Public or Administrative Law

Historical Development of Criminal Law Babylonian Code of Hammurabi (2000 BCE) Concept of proportionality Lex Talionis Latin for law as retaliation An eye for an eye Mosaic Code of the Israelites (1200 BCE) The ‘Ten Commandments’ Wergild (wer means worth) Legal system featuring monetary compensation Determines what a crime is worth

Common Law & the Principle of Stare Decisis To stand by decided cases The decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged Mala in se Acts that society considers inherently evil Mala prohibitum Crimes created by legislative bodies

Sources of the Criminal Law American legal system is codified by state and federal legislatures Constantly evolving Criminal law must conform to the U.S. Constitution

Crimes & Classifications Felony (most serious) Misdemeanor (less serious) Violations or infractions

Connected by criminal harm Elements of a crime Connected by criminal harm Mens Rea Actus Reus

Actus Reus An illegal act Failure to act when the law requires it Act must be voluntary and deliberate Negligent acts can result in criminal liability

Mens Rea Guilty mind or intent Intent is implied if the results of an act are certain to occur Crimes may require different levels of intent

Discussion Questions Is it legal to “borrow” a vehicle without permission of the owner of the vehicle? Why is evidence sometimes important in convicting a person of a crime?

Mental Intent

Mens Rea and Actus Reus For an act to constitute a crime, the law requires that there must be a connection made between the guilty act and a person’s intent to do harm.

Strict Liability Exceptions to mens rea are strict liability crimes - illegal acts that do not require a showing of intent Example: illegal dumping of toxins

Criminal Defenses When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused Defenses presented: An argument that the wrong person was arrested An argument of excuse An argument of justification

Excuse Defenses Defendants claim that they should be excused from criminal responsibility because their actions were out of their own control: Ignorance or Mistake Insanity Intoxication Age

Insanity Relies on a legal rather than medical definition Insane persons lack the capacity to form legal intent, or mens rea Cannot distinguish between right and wrong, or cannot control their conduct

Discussion Questions The definition of insanity in criminal court is different from the psychological definition. What is the psychological definition of insanity? Should a person found to be not guilty by reason of insanity be released once found legally sane? Why/why not?

Killer Free Insanity

Justification Defenses Justifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion: Consent Self-Defense Stand Your Ground Entrapment Duress Necessity

Reforming the Criminal Law In recent years, many states and the federal government have been examining their substantive criminal law: In some instances, new laws have been created to conform to emerging social issues and to deal with threats to people and the environment

Creating New Crimes Physician-Assisted Suicide Stalking Community Notification Laws Controlling Technology Protecting the Environmental Legalizing Marijuana Fighting Terrorism

Constitutional Criminal Procedure Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments): Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Fourteenth Amendment

Due Process of Law The concept of due process, found in both the Fifth and Fourteenth Amendments, has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system Two Distinct Categories of Due Process: Substantive Due Process Procedural Due Process

Interpreting the Constitution How the Supreme Court decides a case depends on: The facts of the case The federal and state constitutional and statutory provisions Previous court decisions Judicial philosophy Societal values