chapter 4: inside criminal law. the development of american law laws consist of enforceable rules...
TRANSCRIPT
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Chapter 4:
Inside Criminal Law
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The Development of American Law
Laws consist of enforceable rules governing relationships among individuals and between individuals and their society.
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The Development of American Law
Ancient Sources of Law:
• Hammurabi’s Code (1792-1750 B.C.E.)
• Mosaic Code (1200 B.C.E.)
• Code of Justinian (590 A.D.)
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The Development of American Law
English Common Law:
• Henry II (1154-1189), circuit judges establish a common law in England.
• Circuit judges interpret the law based on precedent. This practice is basis of stare decisis, which means “to stand on decided cases”
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Written Sources of American Criminal Law
– The U.S. Constitution and the various state constitutions
– Statutes (or laws) and ordinances passed by Congress and state legislatures
– Regulations, created by agencies such as the federal Food and Drug Administration
– Case law (court decisions)
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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
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The Elements of a Crime
Criminal law normally requires that the corpus delicti (the body of the crime) be proved before a person can be convicted of wrongdoing
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The Elements of a Crime
Corpus delicti consists of:
– Criminal Act - Actus reusCrimes may be acts of commission, or acts of omission, or even attempted acts.
– Mental State - Mens rea Intent is required to establish guilt of a crime. Intent includes
elements of purpose, knowledge, negligence, and recklessness.
– Concurrence - The guilty act and the guilty intent must occur together.
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The Elements of a Crime
Mens Rea plays a crucial role in differentiating
between varying degrees of criminal
responsibility or criminal liability.
– Strict 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
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The Elements of a Crime
Corpus delicti also consists of:
– Causation - The criminal act caused the harm suffered.
– Attendant Circumstances – In certain crimes, accompanying circumstances are relevant to corpus delicti.
– Harm – Damages resultant from the criminal act. Inchoate offenses are conduct deemed criminal without actual harm being done.
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Defenses Under Criminal Law
Excuse Defenses:
These defenses apply
when the actor lacks
the requisite mental
condition to form intent.
There are four excuse
defenses.
Justification Defenses:
These defenses apply
when the defendant
admits to the criminal
act, but argues that the
act was justified.
There are four
justification defenses.
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Defenses Under Criminal Law
Excuse Defenses:
– Infancy
– Insanity• M’Naughten Rule• Irresistible Impulse Test• Durham Rule• Substantial Capacity Test
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Defenses Under Criminal LawInsanity is determined by:
• M’Naughten Rule– A person is insane if they can’t distinguish right from wrong
• Irresistible Impulse Test– A person is insane if some “irresistible impulse” resulting from a
mental deficiency drove him or her to commit the crime
• Durham Rule– A person is insane if his unlawful act was the product of mental
disease or mental defect
• Substantial Capacity Test– A person is insane if, due to mental illness, (s) he lacks
substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law
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Defenses Under Criminal Law
Excuse Defenses:
– Intoxication• Voluntary and Involuntary
– Mistake• Mistake of Fact• Mistake of Law
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Defenses Under Criminal Law
Justification Defenses:
– Duress• The defendant is threatened with serious bodily
harm, which induces him/her to commit the crime.
– Self-Defense• The defendant must protect him/herself from injury
by another.• Duty to retreat.• Battered Woman Syndrome
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Defenses Under Criminal Law
Justification Defenses:
– Necessity• Circumstances required the defendant to commit
the act.
– Entrapment• The defendant claims (s)he was induced by police
to commit the act.
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Procedural Safeguards
Substantive Criminal Law:
Law that defines the acts
that the government will
punish.
Procedural
Criminal Law:
Procedures, drawn
from the Bill of
Rights, that are
designed to protect
the constitutional
rights of individuals.
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Procedural Safeguards
The Bill of Rights:
– The first ten amendments to the U.S. Constitution are known as the Bill of Rights.
– The Bill of Rights was adopted by the states in 1791. Since then, seventeen more amendments have been added.
– The Bill of Rights has served as the basis for procedural safeguards of the accused in the U.S.
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Procedural Safeguards
Procedural safeguards in the U.S. Constitution include:
– Fourth Amendment• provides protection from unreasonable searches and
seizures
– Fifth Amendment• requires that no one can be deprived of life, liberty, or
property without “due process of the law,” including protections against double jeopardy and individuals being required to be a witness against himself or herself
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Procedural Safeguards
– Sixth Amendment• guarantees a speedy trial, a trial by jury, a public trial, the
right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings
– Eighth Amendment• prohibits excessive bails, fines, and cruel and unusual
punishments
– Fourteenth Amendment• provides due process and equal protection of the laws
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Procedural Safeguards
• Procedural due process is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner
– Substantive due process is a Constitutional requirement that laws used in accusing and convicting persons of crimes must be fair
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