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What is a “law?”

Norms are behavioral codes that guide people into actions that conform to societal expectation

Folkways are everyday norms based on custom, tradition, or etiquette (violate somebody’s personal space)

Mores are norms based on broad societal morals (illegitimate childbearing)

Laws are norms supported by codified social sanctions. BUT: Mores and folkways have always influenced the law

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Brief History of Law I

2000 BC Earliest Surviving Legal Codes 1750 BC Code of Hammurabi: lex talionis Roman “Twelve Tables”: 451 BC

“Dark Ages” (500-1000 AD) Written codes were lost and superstitions and

fear of magic dominated thinking.

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Before the Norman Conquest (1060 AD), the legal system in England was decentralized. Power given to tithings, hundreds and shires. Several legal/court systems were active Wergild (compensation) was divided

between the King and victim.

Brief History of Law IIBrief History of Law II

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Development of Common Law

Norman Conquest (1066 AD) William the Conqueror establishes “royal court” Stare decisis became the dominant standard

English common law born during the reign of Henry II (1154-1189) “Circuit Judges” Royal Prosecutors and movement toward national

law Development of Jury System

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Common Law v. Statutory LawCommon Law v. Statutory Law

Common Law is judge-madelaw. The law is found in previously decided cases.

Common Law is judge-madelaw. The law is found in previously decided cases.

Statutory Laws are derived fromlegislative acts that decide the definition of the behavior that iscodified into law.

Statutory Laws are derived fromlegislative acts that decide the definition of the behavior that iscodified into law.

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Criminal and Tort LawCriminal and Tort Law

Both seek to control behavior.Both impose sanctions (punishments)Similar areas of legal action exist: e.g.,

personal assaults white-collar offenses like environmental

pollution

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Criminal and Tort Law

A public offense Enforcement is state

business Punishment is often

loss of liberties or sometimes death

Fines go to the state State doesn’t ordinarily

appeal Proof beyond a

reasonable doubt

A civil or private wrong Individuals bring action Sanction is normally

monetary damages Both parties can appeal Individuals receives the

compensation for harmdone

“Preponderance of the evidence” is required for a decision.

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Classification of Crime

More serious offenses

Punishable by deathor imprisonment for more than a year in astate prison.

FELONY

Less serious offenses

Punishable by incar-ceration for less than ayear in a local jail or house of correction.

MISDEMEANOR

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Types of Crime

Mala in Se

Illegal acts rooted in the core values inherent in

Western civilization.Also referred to as

“natural law”

Mala Prohibitum

Violations of lawthat reflect currentpublic opinion and

social value. Also called“statutory crime”

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Substantive vs. Procedural Law

Substantive Law Written code that defines crimes and

punishments

Procedural Law Rules of the court, trials...

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Social ControlSocial ControlBanishes Banishes PersonalPersonal

RetributionRetributionExpressesExpresses

Public OpinionPublic Opinionandand

MoralityMoralityDetersDeters

Criminal Criminal BehaviorBehavior

MaintainsMaintainsthe Socialthe Social

OrderOrder

Functions of the Criminal LawFunctions of the Criminal LawFunctions of the Criminal LawFunctions of the Criminal Law

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A criminal law must indicate a typeof criminal intent and the specific elements of a behavior that are illegal.

A criminal law must indicate a typeof criminal intent and the specific elements of a behavior that are illegal.

Actus Reas Physical act must be voluntary If crime is“Failure to act,” there must be legal

obligation.

Mens Rea General or specific intent Negligence

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Specific Criminal Defenses

Deny the Actus Reas (I didn’t do it)

Deny the Mens Rea Ignorance / Mistake Intoxication? Insanity Defense

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The Dreaded “INSANITY PLEA”

Insane in the Membrane? “Insanity” is a legal, not clinical term Different States have different insanity rules:

M’Naghten Rule Irresistible Impulse Test Substantial Capacity Test

Reality? Defense used in < 1% of cases Successful in very few cases When “successful?”

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Other Specific Criminal Defenses

Justifications: Acknowledge actus reas and mens rea, but… Necessity Duress Self-defense Entrapment Exotic Defenses (PMS, PTSS…insert your

favorite acronym here)