1. Chapter 3: Inside Criminal Law

2. Learning Objective 1
List the four written sources of American criminal law

3. Written Sources of American Criminal Law
Constitutional Law
The law as expressed in the U.S. Constitution and the various state constitutions
The U.S. Constitution is the supreme law of the land
State constitutions are supreme within state borders to the extent that they do not violate the U.S. Constitution or federal law
Statutory Law
Laws or ordinances created by federal, state and local legislatures and governing bodies
None of these laws can violate the U.S. Constitution or the relevant state constitution
Uniform laws, when adopted by a state legislature become statutory law in that state

4. Written Sources of American Criminal Law
Administrative Law
The rules, orders, and decisions of federal or state government administrative agencies
Federal administrative agencies are created by enabling legislation enacted by the U.S. Congress
Agency functions include rule making, investigation, enforcement, and adjudication
Case Law and Common Law Doctrines
Judge-made law including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies
Common law – doctrines and principles embodied in case law – governs all areas not covered by statutory law

5. Learning Objective 2
Explain the two basic functions of criminal law

6. The Purposes of Criminal Law
Protect and Punish: The Legal Function of the Law
Maintain social order by protecting citizens from criminal harm
Includes harms to both individuals and society in general
Maintain and Teach: The Social Function of the Law
Expressing public morality
Teaching social boundaries

7. Learning Objective 3
Discuss the primary goals of civil law and criminal law, and explain how these goals are realized

8. Civil Law v. Criminal Law
Issue
Civil Law
Criminal Law
Area of Concern
Rights and duties between individuals
Offenses against society as a whole
Wrongful Act
Harm to person or business entity
Violation of statute that prohibits some type of activity
Party who brings suit
Person who suffered harm (plaintiff)
The state (prosecutor)
Party who responds
Person who supposedly caused harm (defendant)
Person who allegedly committed a crime (defendant)
Standard of proof
Preponderance of the evidence
Beyond a reasonable doubt
Remedy
Damages to compensate for the harm
Punishment (fine or incarceration)

9. Classification of Crimes
Felony Crimes
Crimes punishable by death or imprisonment for one year or longer
Graded by level of seriousness
Capital
1st degree
2nd degree
3rd degree
Misdemeanor Crimes
Crimes punishable by fines or by confinement for up to one year
Graded by level of seriousness
Gross misdemeanor
Petty misdemeanor
Infractions

10. Learning Objective 4
Explain the differences between crimes mala in se and mala prohibita

11. Mala In Se and Mala Prohibita
Acts that are inherently wrong, regardless of whether they are prohibited by law
Examples:
Murder
Sexual Assault
Mala prohibita
Acts that are made illegal by criminal statute and are not necessarily inherently wrong
Prostitution
Bigamy

12. The Elements of a Crime Actus reus Corpus Delicti Criminal Act
Crimes may be acts of commission, or acts of omission, or even attempted acts
Corpus Delicti
The body of the crime
Criminal law normally requires that the corpus delicti be proved before a person can be convicted of wrongdoing

13. Learning Objective 5
Delineate the elements required to establish mens rea

14. Focus Question
Read the caption under the photograph on page 75, explain why you think Dr. Murray was convicted of involuntary manslaughter as opposed to murder or voluntary manslaughter?
Murray's "callous disregard for Mr. Jackson's health and safety was shown throughout the trial from the manner in which he administered a number of dangerous drugs to Mr. Jackson without the appropriate medical equipment, precautions or personnel in place, and to the manner in which he left Mr. Jackson unattended," the opinion states.
Murray's "callous disregard for Mr. Jackson's health and safety was shown throughout the trial from the manner in which he administered a number of dangerous drugs to Mr. Jackson without the appropriate medical equipment, precautions or personnel in place, and to the manner in which he left Mr. Jackson unattended," the opinion states.

15. Mental State: Mens Rea Mens Rea A guilty mental state
A wrongful mental state is as necessary as a wrongful act in establishing guilt
Includes elements of purpose, knowledge, negligence, and recklessness

16. The Elements of a Crime Strict Liability Accomplice Liability
Offenses hold the defendant guilty even if intent to commit the offense is lacking
Accomplice Liability
Suspects can be charged for crimes they did not actually commit if it can be proven they acted as an accomplice
Concurrence
There must be concurrence between the guilty act and the guilty intent

17. The Elements of a Crime Causation Attendant Circumstances Harm
The criminal act must have caused the harm suffered
Attendant Circumstances
Facts surrounding an event that must be proved for the event to be considered a criminal act
Harm
Damages resultant from the criminal act
Inchoate offenses are conduct deemed criminal without actual harm being done

18. Thinking Point
Robert, 82, fatally shot his wife (Peggy), 76, while she slept. They were married for 52 years. Several months prior to the incident, Peggy had surgery for colon cancer. She lost 50 lbs., was incontinent, and suffered from Alzheimer's. Doctors gave her a year to live. Before her health failed, Peggy was a vibrant women but had become depressed and pleaded with him that she didn’t want to live that way. Robert was arrested for 2nd degree murder, but plead guilty to manslaughter. This is a clear example of mercy killing, which occurs about 2,500 times annually and is increasing.
Should this be a crime? If yes, what is an appropriate punishment? If no, what are the implications of legalizing mercy killings?
One of the elements of crime is harm. What is the harm in mercy killing?
In case students’ ask – Robert was sentenced to 15 years in prison, but the sentence was suspended and the judge ordered him to serve two years of community control (similar to house arrest) and 13 years probation.

19. Learning Objective 6
List and briefly define the most important excuse defenses for crimes

20. Defenses Under Criminal Law
Excuse Defenses
These defenses apply when the actor lacks the requisite mental condition to form intent
Justification Defenses
These defenses apply when the defendant admits to the criminal act, but argues that the act was justified

21. Remember, you could see this on the open notes test.
.Focus Activity:
Read Figure 3.1 on page 79.
Do you agree with the Prosecutors decision to charge Maggie Jean Wortmon with second degree murder? Why or Why Not.
Write a well developed answer.
Remember, you could see this on the open notes test.

22. Defenses Under Criminal Law
Intoxication
When the defendant claims that the taking of intoxicants rendered him/her unable to form the requisite intent to commit a criminal act
Mistake
Mistake of fact
Rarely used as a defense strategy
Mistake of Law
Can be used as an an excuse or allow for a lighter sentence

23. Defenses Under Criminal Law
Infancy
Youthful offenders cannot understand the consequences of their actions
Insanity
A person cannot have a guilty the state of mind if s/he
Does not know his/her conduct was wrong or criminal
Does not perceive the consequences of his/her conduct
Can’t sufficiently control his/her conduct
Read Myth vs Reality, Answer the Critical Analysis.

24. The Insanity Defense: Tests to Establish Legal Insanity
M’Naughten Rule
A person is insane if they can’t, at the time of the crime, distinguish right from wrong
ALI/MPC Test
The defendant must lack the capacity to appreciate the wrongfulness of his/her conduct
Irresistible Impulse Test
A person is insane if some “irresistible impulse” resulting from a mental deficiency drove him or her to commit the crime

25. Learning Objective 7
Describe the four most important justification criminal defenses

26. Defenses Under Criminal Law
Necessity
Circumstances required the defendant to commit the act
Exception: Murder
Entrapment
The defendant claims (s)he was induced by police to commit the act
The act of inducing someone to commit a crime in order to arrest them.

27. Defenses Under Criminal Law
Duress
The defendant is threatened with seriously bodily harm, or coercion which induces him/her to commit the crime
Self-Defense
The legally recognized privilege to protect one’s self or property
A reasonable belief
Duty to retreat v. stand your ground

28. Focus Question
Read Question 3, page 93. Answer the question, justify your answer. What other details might you need to be sure of your answer?
Involuntary Manslaughter: Was there any intent to kill?
Voluntary Manslaughter: was the intent to kill present? Was malice lacking? Was it a crime of passion?

29. Thinking Point
A retired Texas firefighter was convicted of fatally shooting his unarmed neighbor during a dispute over a noisy party. Rodriguez was angry about the noise coming from Danaher's home, where the family was having a birthday party for Danaher's wife and daughter. Rodriguez went to the home and argued with Danaher. In a video he recorded that night, Rodriguez says, "my life is in danger now…these people are going to go try and kill me." He then said, "I'm standing my ground here," and shot Danaher. During the trial, defense claimed Rodriquez was within his rights under the “stand your ground law.” He faces life in prison.
The prosecutor argued the “stand your ground law” was not applicable because Rodriquez provoked the attack. Do you agree or disagree?
Rodriquez’s reference to standing his ground is similar to the claim made by George Zimmerman, a neighborhood watch volunteer who fatally shot an unarmed teenager in FL. What are some similarities and differences between these two cases?
Will these similarities/differences be helpful or hurtful to Zimmerman’s defense?
Note: The sentencing phase is ongoing at time of publication.

30. Protecting Civil Liberties
Substantive Criminal Law:
Law that defines the acts that the government will punish
Procedural Criminal Law:
Procedures, drawn from the Bill of Rights, designed to protect the constitutional rights of individuals

31. The Bill of Rights Important Amendments for criminal proceedings:
4th Amendment
Protection from unreasonable searches and seizures
5th Amendment
Can’t be deprived of life, liberty or property without “due process”
6th Amendment
Guarantees a speedy and public trial by a jury, the right to confront witnesses, and the right to counsel
8th Amendment
Prohibits excessive bails, fines, and cruel/unusual punishments
14th Amendment
Provides due process and equal protection of the laws

32. Focus Question
Johnny and Martin are in a bar drinking beer and talking. Sharon walks in and starts talking to Johnny. Martin gets jealous because he was engaged to be married to Sharon and they only recently broke up. Martin gets so mad that he starts to yell at Johnny. He then swings at Johnny and misses. Martin falls to the ground and passes out. Johnny gets so mad that he stabs Martin in the back and kills him.
If the above case would make it to court which party would be the plaintiff?
a. The bar owner
b. Johnny
c. Martin’s family
d. Sharon

33. Thinking Point
United States v. Jones - The Government obtained a search warrant to install a GPS tracking device on a vehicle registered to Jones’ wife. The warrant authorized installation in DC within 10 days of the issued date. The GPS was installed on the 11th day and while the vehicle was in MD. The Government tracked the vehicle for 28 days before indicting Jones on drug trafficking conspiracy charges. The trial judge suppressed the GPS data obtained while the vehicle was parked at Jones’ residence, but held that the remaining data was admissible because Jones’ had no reasonable expectation of privacy when the vehicle was on public streets. He was convicted, but appealed. The DC Circuit court reversed the lower courts ruling, concluding that the admission of the evidence obtained by the GPS violated the 4th Amendment. In Jan 2012, the Supreme Court affirmed the Circuit Court’s ruling.
Do you agree with the Supreme Court’s decision?
Is this justification for Jones to “get away” with his alleged criminal activity?
This case highlights some challenges law enforcement face in trying to use new technologies in their police work. How can police continue to use these technologies without trampling on our procedural rights?

34. Learning Objective 8
Explain the importance of the due process clause in the criminal justice system

35. Due Process Procedural Due Process Substantive Due Process
The constitutional requirement that the law must be carried out in a fair and orderly manner
Substantive Due Process
The constitutional requirement that laws used in accusing and convicting persons of crimes must be fair

36. Focus Question Civil law and criminal law
Law may be broken down according to various classifications.
Which of the following is not one of these classifications? a.
Civil law and criminal law b.
Felonies and misdemeanors c.
Mala in se and Mala prohibita d.
Tort crimes and civil crimes