1. Chapter 4 Criminal Justice and the Rule of Law

2. Substantive and Procedural Criminal Law
Substantive Law defining acts that are subject to punishment, and specifying the punishments for such offenses
Procedural Law defining the procedures that criminal justice officials must follow in enforcement, adjudication and correction

3. Common Law Characteristics of common law in England:
Based on custom and tradition as interpreted by judges
Took the form of collected opinions of judges
Rulings on specific cases translated into law
Use of precedent
Colonies maintained the English procedures until they gained independence; then changes made

4. Felonies and Misdemeanors
Felonies are more serious crimes, punishable by a prison sentence of more than a year, or sometimes death
Misdemeanors are considered less serious and are dealt with more leniently; with sentences of a fine, probation or a jail sentence less than a year

5. Criminal versus Civil Law
Criminal Law
Crime is a public offense
Sanction can range from a fine to incarceration or even death
Right of enforcement belongs to the state
The government ordinarily does not appeal
Fines to the state
Civil Law
Regulates relations between individuals
Sanction is monetary damages
The individual brings the action
Both parties can appeal
The individuals receive damages as compensation for harm done

6. Links Between Criminal and Civil Law
A person may be sued civilly for assault and battery (damages for wrongful conduct) and criminally in a separate action brought by the state even though both arise out of a single event or action

7. Links Between Criminal and Civil Law (contd.)
Civil forfeiture
Government allowed to take privately owned property as punishment for a crime.
Federal government must show by a preponderance of the evidence that the property to be seized is linked to crime(s)

8. Seven Principles of Criminal Law
1. Legality – Offensive and harmful behavior is not illegal unless it was already prohibited by law before it was committed. US Constitution forbids EX POST FACTO LAWS.
2. Actus reus – a person must perform either an act of commission or ommission.
3. Causation – There must be a causal relationship between an act and the harm suffered.

9. Seven Principles of Criminal Law
4. Harm – an act must cause harm to some legally protected value.
5. Concurrence – the intent and the act must be present at the same time.
6. Mens rea – guilty state of mind.
7. Punishment – there must be a provision in the law calling for punishment for those found guilty of breaking the law.

10. Elements of a Crime
For an act to be a crime, all of the following three elements must be present:
Actus reus
Mens rea
Attendant circumstances

11. Criminal Defenses Involving Justification or Excuse
Entrapment
Self-defense
Necessity
Duress (coercion)
Immaturity
Mistake
Intoxication
Insanity
Make My Day Law

12. Insanity
A legal defense to determine if a person’s state of mental balance negates criminal responsibility
Insanity is a legal term, a medical term

13. Insanity (contd.) Insanity standards have evolved over time
M’Naghten Rule
Irresistible Impulse Test
Durham Rule
Substantial Capacity Test
Federal Comprehensive Crime Control Act of 1984 test

14. Insanity: M’Naghten Rule
Basis of the rule was that the defendant “...didn’t know what he was doing or didn’t know it was wrong”
Level of proof varies from jurisdiction to jurisdiction
Varies from proof by a balance of probabilities on the defense to proof beyond a reasonable doubt on the prosecutor

15. Insanity: The Irresistible Impulse Test
This rule excuses from criminal responsibility a person whose mental disease makes it impossible to control personal conduct
The criminal may be able to distinguish between right and wrong but may be unable to exercise self-control because of a disabling mental condition

16. Insanity: Durham Rule
“The criminal act was caused by his mental illness”
Burden of proof on the prosecutor
Proof beyond a reasonable doubt was required
Much skepticism about this rule because the rule offered no useful definition of “mental disease or defect.”
This test was overturned in federal court in U.S. v. Brawner (1972)

17. Insanity: Substantial Capacity Test
“A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity whether to appreciate his criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.” ALI Model Penal Code

18. Insanity: Substantial Capacity Test (contd.)
This test broadened and modified M’Naghten and Irresistible Impulse
Does not require that the defendant be able to distinguish right from wrong

19. Insanity: Comprehensive Crime Control Act 1984
Present federal law limits the insanity defense to those who cannot, because of severe mental disease or defect, appreciate the wrongfulness of his or her conduct.
Thus, the Irresistible Impulse Test cannot be used in the federal courts.
The burden of proof on the defense.
If found not guilty by reason of insanity, the defendant is committed to a mental hospital

20. Procedural Due Process
The Constitutional requirement that all persons be treated fairly and justly by government officials.
An accused person can be arrested, prosecuted, tried, and punished in accordance with procedures prescribed by law.
Procedural law is defined by courts through judicial rulings.
The U.S. Supreme Court has played a major role in defining procedural law.

21. The Bill of Rights First ten amendments to Constitution
Purpose was to prevent the federal government from abusing its power
The Bill of Rights was applied to the states through the process of incorporation using the due process clause of the Fourteenth Amendment
Bill of Rights applied on a case-by-case basis.
Prior to incorporation, states designed their own procedures

22. The Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized"

23. The Fourth Amendment (contd.)
Requires probable cause
Forbids unreasonable search and seizure
Exclusionary Rule: enables courts to exclude incriminating evidence from introduction in court if the suspects rights have been violated. It is intended to protect citizens from illegal searches and seizures.
Weeks v. United States
Mapp v. Ohio

24. PROBABLE CAUSE
is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. Probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. Police must have clear facts or evidence to believe you are involved in criminal activity.

25. Reasonable Suspicion
The legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of clothing for weapons, not drugs.

26. The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…

27. The Fifth Amendment (contd.)
Guarantees:
Due process
Substantive
Procedural
Prohibits:
Double jeopardy
Self-incrimination

28. The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him…and to have the assistance of counsel for his defense

29. The Sixth Amendment (contd.)
Right to speedy and public trial
Right to impartial jury
Right to be informed of charges
Right to confront adverse witnesses
Right to be provided assistance of counsel

30. The Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

31. The Eighth Amendment (contd.)
Prohibits:
excessive bail and fines
cruel and unusual punishment
How far can the state go?
Flogging?
Sensory deprivation?
Solitary confinement?

32. The Supreme Court Today
Throughout its history, the composition of the Court has typically fluctuated every few years
Recent stability of the Rehnquist Court has a large impact on criminal law with the same members serving for 11 consecutive years ( )
The new president’s appointees will affect the direction and decisions of the Court in upcoming years.