Criminal LawAdmj. P102

Chapter 4Bill Henry

Development of Law

• The development of criminal was• Not systematic-but episodic

(incidental)• Uneven (not equitable)• Very political• Legal systems were built from bits and

pieces of earlier systems• Our system is a mixture of several

systems

Code of Hammurabi

• Oldest set of known laws• Victim oriented, based on

philosophy of eye-for-an-eye• Contained death penalty• Found in the old testament

Magna Carta

• Document signed by King John• Conceded a number of rights to

English citizens• Included fair taxation, freedom of

the church, control over imprisonment

• First attempt at a “Bill of Rights”• Had 61 clauses that included the

power of Kings and citizen protections

Common Law

• Common law is different from statutory law

• Based on judicial precedent, customs and past practice

• Largely unwritten• Is the basis of “stare decisis”• Based on concept of four elements• Predictability, reliability,

efficiency, equality

Sources of LawSources of Law

• There are a variety of sources for law• Constitutions, federal and stateConstitutions, federal and state• Written statutes, federal and stateWritten statutes, federal and state• Administrative Codes; rules developed Administrative Codes; rules developed

by agencies consistent with their by agencies consistent with their responsibilitiesresponsibilities

Types of Law

• Law performs many different functions in society

• Determines what is and isn’t Determines what is and isn’t acceptable behavioracceptable behavior

• Serves to control societyServes to control society• Regulates social conflictRegulates social conflict• Controls governmentControls government• Determines punishmentDetermines punishment

Criminal Law

• Criminal law is used to control the behavior of society. There are three criteria used to determine what behavior is criminal:

• Enforceability (prohibition)Enforceability (prohibition)• Effects (result is worse than cause)Effects (result is worse than cause)• Existence of other means of protecting Existence of other means of protecting

society (rehab, medical and society (rehab, medical and psychological treatment)psychological treatment)

Civil Law

• Referred to as ‘private law’• Involves action between two people, an

individual and government, contracts, personal property and commercial issues

• Aggrieved party is the individual (criminal law, aggrieved party is the state)

• Double jeopardy does not apply to civil law

Civil Law

• Civil vs. Criminal• verdicts are majority, not unanimousverdicts are majority, not unanimous• preponderance of evidence (weight, preponderance of evidence (weight,

importance, influence) vs. beyond a importance, influence) vs. beyond a reasonable doubtreasonable doubt

• civil ‘torts’ deal with individual harms civil ‘torts’ deal with individual harms i.e.. libel, slander, assault, negligencei.e.. libel, slander, assault, negligence

Substantive Law

• defines law and its punishments• results from generations of political

and social development• covers mala en se and mala prohibita• mala en se are thought to be natural mala en se are thought to be natural

laws inherently wrong in human naturelaws inherently wrong in human nature• mala prohibita laws are prohibited by mala prohibita laws are prohibited by

statutestatute

Procedural law

• Procedural law specifies how the justice system deals with individuals that violate law

• rules of search and seizurerules of search and seizure• rules regarding attorneysrules regarding attorneys• rules of courtroom procedure, booking rules of courtroom procedure, booking

procedureprocedure• rules of evidencerules of evidence

Case Law

• Case law results from judicial decisions and requires judges to consider previous decisions in similar cases.

• case law keeps the system consistent• evolves as new decisions are applied to

new circumstances

Crime

• Crime is categorized by sanction attached, not received

• felonies-most serious crimes, felonies-most serious crimes, incarceration for more than a year, incarceration for more than a year, state or federal prisonstate or federal prison

• misdemeanors-incarceration is less misdemeanors-incarceration is less than a year county or local jailthan a year county or local jail

• infractions-fine only-no incarcerationinfractions-fine only-no incarceration• inchoate-offenses not completedinchoate-offenses not completed

Features of Crime

• For an act to be a crime, three elements or features must be present

• actus reas: guilty act or deedactus reas: guilty act or deed• mens rea: guilty mind or intentmens rea: guilty mind or intent• concurrence: relationship of mens rea, concurrence: relationship of mens rea,

actus reasactus reas• Together, all three or referred to as Together, all three or referred to as

the corpus delicti or ‘body of crime’the corpus delicti or ‘body of crime’

Features of Crime

• Strict liability crimes are the exception to the mens rea or intent requirement. the fact that the act occurred is sufficient for conviction. Criminal intent is not required

Criminal Responsibility and Criminal Defense

• Burden of proof is on the prosecution• Defendant must have the capacity to

commit crime• Defendant must understand the

ramifications of their actions• If an affirmativeaffirmative defense tactic is used,

burden of proof shifts to defendantIn an Affirmative defense, defendant

admits act but justifies action

Terms to Know

• Affirmative defense• Strict liability crime• Actus Reas, Mens rea• categories of crime• criminal, civil, substantive, procedural and

case law• sources of law• issues that guide precedent• stare decisis• code of Hammurabi