1. Chapter 3 Criminal Law: Substance and Procedure

2. 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

3. 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

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

5. 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

6. 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

7. 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

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

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

10. 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

11. 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

12. 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?

13. Mental Intent

14. 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.

15. 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

16. 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

17. 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

18. 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

19. 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?

20. Killer Free Insanity

21. 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

22. 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

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

24. 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

25. 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

26. 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