Chapter 3Criminal Law: Substance and

Procedure

Learning Objectives

Know the similarities and differences between criminal law and civil law

Understand the concept of substantive criminal law and its history

Discuss the sources of criminal law

Be familiar with the elements of a crime

Define the term “strict liability”

Be able to discuss excuses and justification defenses for crimes

Learning Objectives

Be familiar with the most recent developments in criminal law reform

Describe the role of the Bill of Rights in shaping criminal procedure

List the elements of due process of law

Know about the role the Supreme Court plays in interpreting the Constitution and shaping procedural law

Rule of Law

Historical Development of Criminal Law

Babylonian Code of Hammurabi (2000 BCE) Concept of proportionality

Lex Talionis Latin for law as retaliation

An eye for an eye

Mosaic Code of the Israelites (1200 BCE) The ‘Ten Commandments’

Wergild (wer means worth) Legal system featuring monetary compensation

Determines what a crime is worth

Common Law & the Principle of Stare Decisis

Stare Decisis To stand by decided cases The decision or holding in an earlier case

becomes the standard by which subsequent similar cases are judged

Mala in se

Acts that society considers inherently evil

Mala prohibitum

Crimes created by legislative bodies

Sources of the Criminal Law

American legal system is codified by state and federal legislatures

Constantly evolving

Criminal law must conform to the U.S. Constitution

Crimes & Classifications

Elements of a crime

Actus Reus

An illegal act

Failure to act when the law requires it

Act must be voluntary and deliberate

Negligent acts can result in criminal liability

Mens Rea

Guilty mind or intent

Intent is implied if the results of an act are certain to occur

Crimes may require different levels of intent

Mens Rea and Actus Reus

For an act to constitute a crime, the law requires that there must be a connection made between the guilty act and a person’s intent to do harm.

Strict Liability

Exceptions to mens rea are strict liability crimes - illegal acts that do not require a showing of intent

Example: illegal dumping of toxins

Criminal Defenses

When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused

Defenses presented:

An argument that the wrong person was arrested

An argument of excuse

An argument of justification

Excuse Defenses

Defendants claim that they should be excused from criminal responsibility because their actions were out of their own control:

Ignorance or Mistake

Insanity

Intoxication

Age

Insanity

Relies on a legal rather than medical definition

Insane persons lack the capacity to form legal intent, or mens rea

Cannot distinguish between right and wrong, or cannot control their conduct

Justification Defenses

Justifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion: Consent

Self-Defense

Stand Your Ground

Entrapment

Duress

Necessity

Reforming the Criminal Law

In recent years, many states and the federal government have been examining their substantive criminal law:

In some instances, new laws have been created to conform to emerging social issues and to deal with threats to people and the environment

Creating New Crimes

Physician-Assisted Suicide

Stalking

Community Notification Laws

Controlling Technology

Protecting the Environmental

Legalizing Marijuana

Fighting Terrorism

Constitutional Criminal Procedure

Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials

The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments):

Fourth Amendment

Fifth Amendment

Sixth Amendment

Eighth Amendment

Fourteenth Amendment

Due Process of Law

The concept of due process, found in both the Fifth and Fourteenth Amendments, has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system

Two Distinct Categories of Due Process:

Substantive Due Process

Procedural Due Process

Interpreting the Constitution

How the Supreme Court decides a case depends on:

The facts of the case

The federal and state constitutional and statutory provisions

Previous court decisions

Judicial philosophy

Societal values