Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law
The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior Laws regulate relationships between people and between parties
The Nature and Purpose of Law (2 of 2) Statutory law the "law on the books" Penal code the written, organized, and compiled form of the criminal laws of a jurisdiction Case law law resulting from judicial decisions Common law traditional body of law originating from usage and custom rather than from written statutes
The Rule of Law (1 of 2) The belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members No one is above the law, those who make or enforce the law must also abide by it Sometimes referred to as the supremacy of law
The Rule of Law (2 of 2) Key elements of the rule of law: Freedom from private lawlessness High degree of objectivity in formulating legal norms and evenhandedness in their application Legal ideas/devices for attaining individual and group objectives within bounds of ordered liberty Substantive and procedural limitations on governmental power
Criminal Law The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society Also called penal law Includes statutory (written law) and case law
Statutory Law Substantive criminal law The part of the law that defines crimes and specifies punishments Procedural law The part of the law that specifies the methods to be used in enforcing substantive law
Civil Law (1 of 2) The branch of modern law that governs relationships between and among parties Includes rules for contracts, divorces, child support/custody, wills, libel, etc. Civil suits seek compensation, not punishment
Civil Law (2 of 2) Violation of civil law may be a contract violation or tort A wrongful act, damage, or injury not involving a breach of contract Personal wrong, not a crime Parties to a civil suit Plaintiff: Seeks relief Defendant: Against whom relief is sought
Administrative Law Body of regulations governments create to control the activities of industries, businesses, and individuals Includes tax laws, health codes, vehicle registration laws Most breaches of administrative law are not crimes but criminal law and administrative regulations may overlap
Case Law Comes from judicial decisions Precedent A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases Stare decisis A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them
General Categories of Crime Felonies Misdemeanors Infractions Treason Espionage Inchoate Offenses
Figure 3 2 General Categories of Crime
Felonies A criminal offense punishable by death or by incarceration in a prison facility for at least one year Serious crimes such as murder, rape, aggravated assault, robbery, burglary, and arson Convicted felons typically lose certain privileges upon release from prison
Misdemeanors An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less Relative minor crimes such as petty theft, simple assault, breaking and entering, disturbing the peace, etc. Most offenders receive suspended sentences involving a fine and supervised probation
Infractions A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration Typically includes things like jaywalking, spitting on the sidewalk, littering, and certain traffic offenses Offenders are normally ticketed and released
Treason A U.S. citizen's actions to help a foreign government overthrow, make war against, or seriously injure the U.S. The attempt to overthrow the government of the society of which one is a member
Espionage The "gathering, transmitting, or losing" of information related to the national defense in a manner that the information becomes available to enemies of the U.S. and may be used to their advantage The key difference between treason and espionage is that espionage may be committed by non-us citizens
Inchoate Offenses An incomplete offense one that has not been fully carried out An offense that consists of an action or conduct that is a step toward the intended commission of another offense Includes conspiracies and attempts to commit a crime
General Features of Crime The essence of crime consists of three conjoined elements Actus reus Mens rea Concurrence
Figure 3 3 Features of a Crime
The Criminal Act (Actus Reus) "Guilty act" Person must commit a voluntary act for it to be considered a crime To be something is not a crime; to do something may be. An omission to act can be a crime Threatening to act can be a crime Conspiracy can be a crime
A Guilty Mind (Mens Rea) (1 of 3) The state of mind that accompanies a criminal act the defendant's mental state at the time of the crime Types or levels of mens rea Purposeful (or intentional) Knowing Reckless Negligent
A Guilty Mind (Mens Rea) (2 of 3) Reckless behavior An activity that increases the risk of harm Criminal negligence A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences Mens rea is not the same thing as motive Motive A person's reason for committing a crime
A Guilty Mind (Mens Rea) (3 of 3) Mens rea must generally be inferred from a person's actions and from all circumstances. Strict liability crimes do not require mens rea Also called absolute liability offenses Make it a crime simply to do something, even if there is no intent to violate the law Routine traffic offenses, statutory rape
Concurrence Requires that the act and the mental state occur together in order for a crime to take place If one occurs before the other, the requirements of the criminal law have not been met
Other Features of Crime (1 of 3) Causation The concurrence of a guilty mind and a criminal act may cause harm Legal cause must be demonstrated in court to hold an individual criminally liable for causing harm Harm Harm occurs in all crimes Not all harms are crimes
Other Features of Crime (2 of 3) Legality A behavior cannot be criminal if no law exists that defines it as such Ex post facto laws are not binding Punishment Latin for "after the fact" Laws are binding only from the date of their creation. No crime can be said to occur where punishment has not been specified in the law.
Other Features of Crime (3 of 3) Necessary attendant circumstances The facts surrounding an event Additional elements that must be present for a conviction to be obtained Includes such things as time and place May increase the degree, or level of seriousness, of an offense
Elements of a Specific Criminal Offense Element of a crime In a specific crime, one of the essential features of that crime, as specified by law or statute Elements of first-degree murder Unlawful killing Of a human being Intentionally With planning (or "malice aforethought")
The Corpus Delicti of a Crime Corpus Delicti "the body of the crime" A person cannot be tried for a crime until it has been shown the crime occurred Two key aspects: A certain result has been produced. A person is criminally responsible for its production.
Figure 3 4 Body of Crime
Types of Defenses to a Criminal Charge Four categories of defenses Alibi Justification Excuse Procedural defense
Figure 3 5 Types of Defenses to a Criminal Charge
Alibi The claim that the defendant could not have committed the crime because he or she was elsewhere at the time Based upon the premise that the defendant is truly innocent Denies that the defendant committed the crime Best supported by witnesses and documentation
Justifications (1 of 6) The defendant admits to committing the act but claims that it was necessary to avoid some greater evil Claiming a moral high ground Conduct that a person believes is necessary to avoid harm to himself or herself is justifiable if the harm the person is trying to avoid is greater than the harm that may be caused by his or her conduct
Justifications (2 of 6) Self-defense The defendant needed to inflict harm on another to ensure his or her own safety in the face of near-certain injury or death "Stand your ground" laws remove the retreat requirement Amount of defensive force must be proportional to that being faced Reasonable force The degree of force that is appropriate in a given situation and that is not excessive
Justifications (3 of 6) Defense of others Extension of self-defense to the use of reasonable force to defend others Alter ego rule A person can only defend a third party under circumstances, and only to the degree that the third party could legally act on his or her own behalf
Justifications (4 of 6) Defense of home and property Most jurisdictions allow property owners to use reasonable nondeadly force to protect property Castle exception: There is no duty to retreat from one's own home in the face of an immediate threat, even if retreat is possible, before using deadly force to protect the home
Justifications (5 of 6) Necessity The claim that some illegal action was needed to prevent an even greater harm A useful defense in cases that do not involve serious bodily harm. Consent Defense that claims that whatever harm was done occurred only after the injured person gave his or her permission for the behavior in question
Justifications (6 of 6) Resisting unlawful arrest Resistance may be justifiable, especially if the arresting officer uses excessive force Laws generally say that a person may use a reasonable amount of force, other than deadly force, to resist arrest or an unlawful search if the officer uses greater than necessary force
Excuses (1 of 12) Defense claiming that the individual engaging in the unlawful behavior was, at the time, not legally responsible for his or her actions and should not be held accountable under the law Criminal liability may be negated on the basis of some personal disability the individual has or some special circumstances characterizing the situation
Excuses (2 of 12) Duress Age Any unlawful threat or coercion used by a person to act (or refrain from acting) in a manner he or she otherwise would not (or would) Generally not a useful defense when the crime involves serious physical harm In most jurisdictions, children below age 7 cannot be charged even with juvenile offenses
Excuses (3 of 12) Mistake Mistake of law is rarely an acceptable defense Mistake of fact may be a useful defense Involuntary intoxication The claim that the person was tricked into consuming an intoxicating substance, which created an altered mental condition Voluntary intoxication is rarely a defense
Excuses (4 of 12) Unconsciousness An individual cannot be held responsible for anything he or she does while unconscious Rarely used Provocation A person can be emotionally enraged by another who intends to elicit this reaction Generally more acceptable in minor offenses
Excuses (5 of 12) Insanity A legal concept, not a medical one Defense based on claims of mental illness or mental incapacity Rarely used and even more rarely successful
Excuses (6 of 12) The M'Naghten Rule did the defendant know what he or she was doing, did the defendant knew that the behavior was wrong Irresistible Impulse defendant knew what he or she was doing and knew it was wrong but was unable to stop The Durham Rule a person is not criminally responsible if his or her actions were the result of a mental disease or defect
Excuses (7 of 12) The Substantial-Capacity Test the defendant lacked the mental capacity to understand the wrongfulness of his act or conform his behavior to the requirements of law The Brawner Rule the responsibility for deciding insanity is left to the jury
Excuses (8 of 12) Difficulties with the insanity defense Psychiatric testimony is expensive and expert witness often contradict each other Society not satisfied that justice is served Three states have barred the use of the insanity defense (Montana, Idaho, Utah)
Excuses (9 of 12) Guilty but mentally ill verdict (GBMI) A verdict, equivalent to a finding of "guilty" that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts Judge may impose any sentence possible under the law but usually also mandates psychiatric treatment
Excuses (10 of 12) Temporary insanity The offender claims to have been insane only at the time of the crime The insanity defense under federal law Insanity Defense Reform Act (1984) uses a definition of insanity similar to that used in M'Naghten Burden of proving insanity defense on the defendant
Excuses (11 of 12) The consequences of an insanity ruling Judge may order the defendant to undergo psychiatric treatment until "cured" Diminished capacity A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes
Excuses (12 of 12) Mental incompetence Refers to the defendant's condition immediately before prosecution Incompetent to stand trial As a result of mental illness, the defendant is incapable of understanding the nature of the proceedings, of consulting with an attorney, and of aiding in his or her own defense
Procedural Defenses (1 of 5) Procedural defenses claim that the defendant was in some manner discriminated against in the justice process May also claim that some important aspect of official procedure was not properly followed
Procedural Defenses (2 of 5) Entrapment An improper or illegal inducement to crime by agents of law enforcement Agents created a crime where there otherwise would have been none Double jeopardy A common law and constitutional prohibition against a second trial for the same offense Does not apply in cases of trial error (hung jury, etc.) Does not prevent someone from being tried in both civil and criminal court
Procedural Defenses (3 of 5) Collateral estoppel Facts that have been determined by a "valid and final judgement" cannot become the object of new litigation Selective prosecution 14 th Amendment guarantees equal protection of the laws Defense may apply if several individuals are suspected of a crime but not all are actively prosecuted
Procedural Defenses (4 of 5) Denial of a speedy trial 6 th Amendment guarantees the right to a speedy trial State/federal laws define time limits necessary for a trial to be "speedy" Do not include delays resulting from requests by the defense If the legal time limit is exceeded, the defendant must be released and no trial can occur
Procedural Defenses (5 of 5) Prosecutorial misconduct Actions by prosecutors that give the government an unfair advantage or prejudice the rights of a defendant or witness Police fraud Defense available to defendants victimized by the police through planted evidence, fabrication of facts, false arrests