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Chapter 4 Criminal Law: Substance and Procedure. Four Broad Categories of the Law Substantive criminal law Procedural criminal law Rules of evidence The.

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Presentation on theme: "Chapter 4 Criminal Law: Substance and Procedure. Four Broad Categories of the Law Substantive criminal law Procedural criminal law Rules of evidence The."— Presentation transcript:

1 Chapter 4 Criminal Law: Substance and Procedure

2 Four Broad Categories of the Law Substantive criminal law Procedural criminal law Rules of evidence The law of arrest The law of search and seizure Questions of appeal Jury selection Right to counsel Civil law Public law

3 Careers in Criminal Justice: The Attorney Duties and characteristics of the job Job outlook Salary Opportunities Qualifications Education and training

4 The History of Criminal Law The common law Mala in se Legislation Mala prohibitum

5 Sources of Criminal Law Each jurisdiction defines “crime” Law is constantly evolving Constitutional limits All criminal law in the U.S. must conform to the U.S. Constitution Laws that are too vague or broad A person’s status can’t be a crime Punishment can’t be cruel or capricious Constitution forbids bills of attainder Constitution forbids ex post facto laws

6 Classifying Crimes The legal definition of a crime Actus Reus The criminal act Failure or omission to act can be considered a crime Mens Rea To be a crime, the actor must have criminal intent Four levels of intent Purposeful Knowing Reckless Negligent Strict liability crimes—mens rea is not essential Ignorance and Mistake

7 Criminal Defenses Excuse defenses Duress Insanity Intoxication Age Entrapment Justification defenses Consent Self-defense Necessity

8 The Law of Criminal Procedure Exclusionary rule Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Fourteenth Amendment Due process of law Substantive due process Procedural due process


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