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Criminal Justice

Criminal Law: Substance and Procedure

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Due Process

Guarantees that no one is deprived of life or liberty without certain constitutional protections

Found in both the fifth and fourteenth amendments to the constitution

Interpretations of due process is not fixed but reflect the morality of the people (pendulum)

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Due Process

Habeas Corpus This is a challenge that you submit to court to

determine if you are being held legally Your attorney would submit a writ of habeas

corpus if they feel you have been denied due process

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Due process

Is made of two parts Procedural Substantive

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Substantive Due process

Branch of Due process that defines what is criminal and what punishments are required

This is the criminal code Has taken years to establish Evolves and changes with the morality of the

people Gets its power from the constitution

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Procedural Due Process

Set of basic rules that must be followed during every stage of the CJS process

Outlines the rights people have and what protections are available to them while they are in the CJS Right to an attorney, right to confront your

accuser, ect Gets its power from the Bill of Rights

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Civil Law

Anything that is not criminal Involves one party to another

Sanctions would be money, having to do something or having to stop doing something

You don’t risk loss of liberty or life Cases are heard in civil court The standard of proof is the

preponderance of evidence If a jury is used they do not all have to

agree, only a majority

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Criminal Law

Body of laws that define crimes and sets out their sanctions (punishments) Sanctions can be fines, jail or prison and death

The standard of proof is beyond a reasonable doubt A reasonable person would believe that you

are the only one that could have committed the crime

Jury decision has to be unanimous If found not guilty in a criminal case you

can be found guilty in a civil case

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Crime

Legal requirements of a crime Accused engaged in the guilty act (actus reus) Accused had intent to commit the guilty act

(mens rea) Both are present at the same time The accused actions were the cause of the

crime Actual harm was caused

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Classification of Crime

Each state has developed their own criminal code therefore they determine how a crime is classified

In general crimes are classified in three categories Felonies: most serious (more than 1 year in

prison) Misdemeanors: less serious (less than on year

in jail) Violations: non-criminal offenses (most cases

you pay a fine and are not a risk of loss of liberty)

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Felonies and Misdemeanors

Felony is a more serious crime, with sanctions that include prison or death (can include fines )

Misdemeanors are less serious crimes that carry sanctions that include jail time and fines

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Felonies and misdemeanors

Conviction of a felony can in some states keep you from: Voting, owning a firearm, running for political office, federal

student loans, and joining the military

Misdemeanors have to be committed in the presence of the police officer for them to make an arrest without a warrant (in presence requirement)

Felony arrest can be made at any time as long as the officer has probable cause (the evidence present points to the probability that the accused has committed the crime)

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Defenses to crime

When people defend themselves in court from criminal charges they or their lawyer must prove that one or more elements of a crime doesn’t exist

Or they have to use one of these defenses Excuse defenses: defendants mental capacity is

reduced or impaired Ignorance or Mistake: they have to prove that the

government failed to make the public aware of a new law

Insanity: at the time of the crime the defendant lacked the mental capacity to know what they did was wrong, this is very difficult to prove the government will apply standardized tests to prove sanity

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Defenses to crime

Excuse Defenses (con) Intoxication: can only be used if the defendant

can prove that the intoxication was involuntary

Age: child under 7 is considered to lack capacity, 7-14 will be reviewed by the court, over 14 they are considered to have capacity and could be tried as an adult

Entrapment: police use deception to make the defendant commit a crime that they would not have committed

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Defenses to crime

Justification Defense: the defendant admit they committed the crime, but had been justified in doing it: Consent: the victim gave them legal consent Self-defense: they acted with reasonable belief that

they were in eminent danger of death or harm and had no reasonable means of escape

Stand your ground: in your own home you are not required to attempt to escape, and you are allowed to defend your self

Duress: defendant was forced to commit the crime as the only means to prevent death to self of others

Necessity: the only way to prevent something worse was to commit the crime

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Statute of Limitations

Bars prosecution if legal actions take too long to start after the commitment of the crime

The time periods differ based on the crime and the state

Some jurisdictions have statutes of limitations for serious felonies (most do not)

No jurisdictions have a statute of limitations for murder

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Inchoate crimes

Means the beginning stages but not completed crimes Accessory before the fact: help prepare for the

crime but did not commit it Accessory after the fact: helps the felon after

they have committed the crime

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Inchoate crime

Attempt: three elements Person must intend to commit the crime Person must take steps towards committing

the crime The actual crime is not committed

Conspiracy: an agreement between two or more people to commit a crime

Solicitation: asking, ordering or encouraging someone to commit the crime for you

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Crimes against the Justice system

Contempt of court: show disrespect, disrupt, or fail to follow a court order

Perjury: lying under oath Witness Tampering: threatening or

bribing a witness to change their testimony

Jury Tampering: threatening or bribing a member of the jury

Obstruction of Justice: interference with the orderly administration of justice

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History of Criminal Law

King Hammurabi three Criminal Justice accomplishments Created a code of laws Posted the law for all to see Put the laws in the language of the people

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King Hamnurabi

Two concepts Presumed innocent Providing evidence to prove guilt or innocence

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King Hammurabi

Told the people the code came from the gods He did this so the people would believe that it

came from a higher authority and they would respect them and follow them

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History of Law

Roman 12 tables This was a list of laws meant to protect the

poor This would become the foundation of all

Roman law

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History of law

William the I (England ) Separated civil courts from criminal courts Established the eyer (traveling judges) This established the term stare decisis ( let

the decision stand, they used prior cases to determine future cases)

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Our Law

Our law is based on Common law (case law) Statutes