Criminal Law: Substance and Procedure

Chapter 4

Four Broad Categories of Lawa. Criminal law

Body of rules that define crimes, sets out their punishments, and mandates the procedures for carrying out the criminal justice process

a. Substantive Criminal Law Body of specific rules that declare what conduct is

criminal and prescribes the punishment to be imposed for such conduct

a. Procedural Criminal Law Sets out the basic rules of practice in the criminal

justice system

a. Civil law All law that is not criminal

The History of Criminal LawThe underlying goal of the

substantive criminal law is: To enforce social control Distribute retribution Express public opinion and morality Deter criminal behavior Punish wrongdoing Maintain social order Restoration

The History of Criminal Law The roots of the criminal codes used in the

United States can be traced back to such early legal charters as: The Babylonian Code of Hammurabi (2000 BCE) The Mosaic Code of the Israelites (1200 BCE) and

the Roman Twelve Tables (451 BCE). Emerging Germanic societies developed

legal systems featuring monetary compensation, called “wergild”

Our legal code is directly tied to England

Sources of the Criminal Law

Mala in se

Mala prohibitum

Constitutional Limits

Sources of the Criminal Law After the Norman Conquest, royal judges would

decide what to do in each case, using local custom and rules of conduct as their guide in a system Stare decisis

Latin for “to stand by decided cases”

Eventually this system evolved into a common law of the country that incorporated local custom and practice into a national code Mala in se

Crimes that are inherently evil and depraved (such as murder, burglary, and arson)

Mala prohibitum Crimes which reflected existing social and economic

conditions

Sources of the Criminal LawThe contemporary American legal

system was codified by state and federal legislatures The content of the law may also be

influenced by judicial decision making Regardless of its source, all criminal law in

the United States must conform to the rules and dictates of the U.S. Constitution

Constitutional Limits Criminal laws have been interpreted as

violating constitutional principles if they are too vague or overbroad to give clear meaning of their intent Each state and the federal government has

developed its own body of criminal law that defines and grades offenses, sets levels of punishment, and classifies crimes into categories Prohibits laws that make a person’s status a crime Cruel and/or capricious Bills of attainder Ex post facto laws

Classifying Crime

Felonies

Misdemeanors

Infractions and Violations

The Legal Definition of a Crime

Classifying CrimesFeloniesMisdemeanors Infractions and Violations

Each jurisdiction in the U.S. determines by statute what types of conduct constitute felonies or misdemeanors

The Legal Definition of a CrimeAlmost all common-law crime

contains both mental and physical elements Actus reus

An illegal act, or failure to act when legally required… the guilty act

Mens rea A guilty mind; the intent to commit a

criminal act

Video: Mental Intent

What is mental intent?

Is the mental intent to commit a crime always clear?

Discussion Questions

What cops hear…My friend let me borrow his/her car It’s not my pants It’s not my bag/purse

The Legal Definition of a CrimeTo constitute a crime, the law requires

a connection be made between the mens rea (guilty mind) and actus reus (guilty act) thereby showing that the offender’s conduct was the proximate cause of the criminal act

The Legal Definition of a Crime Certain statutory offenses exist in which mens rea

(guilty mind) is not essential These offenses fall within a category known as a public

safety or strict liability crime Traffic crimes, public safety, and business crimes are

typically strict liability crimes

The third element needed to prove that a crime was committed is the immediate relationship to or concurrence of the act with the criminal intent or result For an act to be considered a crime, the actor’s willingness

to cause harm must be proved (we call this “intent”)

Video: Crime in L.A.

Compstat (short for COMPlaint STATistics)

Using statistics to fight crime It uses Geographic Information

Systems to map crime and identify problem areas.

Lets you send resources to the right areas at the right time

Holds Supervisors accountable for crime in their assigned areas

Discussion Questions

Auto-Theft Hotspots in Los Angeles during 2003.

Crime Mapping Example

Criminal Defenses

Excuse Defenses

Justification Defenses

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 Defendants may deny the actus reus (guilty act) by

arguments that they were falsely accused and the real culprit has yet to be identified

Defendants may also claim that while they did engage in the criminal act they are accused of, they should be excused because they lacked mens rea (guilty mind)

Criminal DefensesAnother type of defense is justification

Such as self-defense, which involves maintaining that the act was justified under the circumstances

“Given the circumstances, anyone would have done what I did.”

Excuse Defenses Ignorance or Mistake

Can be an excuse if it negates an element of the crime

Insanity If the defendant’s state of mind negates

his/her criminal responsibility

Intoxication Not a defense unless the defendant became

involuntarily intoxicated under duress or by mistake

Excuse Defenses Age

Generally a conclusive presumption of incapacity

for a child under the age of 7

Not the same as adult vs. juvenile

Children under 18 can be charged with a crime.

Entrapment If law enforcement agents used traps, decoys, and

deception to induce criminal action

Recent discussions on entrapment with fbi stings on

terrorists and with cpd arresting nato demonstrators

Justification DefensesConsent

The type of crime involved generally determines the validity of consent as an appropriate legal defense

Self-defense Must prove she/he acted with a reasonable

belief that she/he was in imminent danger of death or harm, and had no reasonable means of escape from the assailant

Justification DefensesStand your ground

The “castle exception” Florida’s Stand Your Ground law authorizes

citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded.

Duress When the defendant claims he was forced to

commit a crime as the only means of preventing death or serious harm to himself or others

Justification DefensesNecessity

When a crime was committed under extreme circumstances and could not be avoided

Example: A pregnant woman in labor stole a car because she feared she was imminently going to give birth and had no other means of transportation

In the Line of Duty Crime committed in the line of a first responder

occupation

Reforming the Criminal Law

Public Opinion

Reforming the Criminal LawLaws, in part, reflect

public opinion… morality Stalking Prohibiting assisted

suicide Registering sex offenders Clarifying rape Controlling technology Protecting the environment Legalizing marijuana Responding to terrorism

Law of Criminal Procedure

Judicial Interpretation

4th Amendment

5th Amendment

8th Amendment

14th Amendment

Due Process of Law

The Law of Criminal Procedure The law of criminal procedure consists of

the rules and procedure 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 and the first 10 amendments added to the U.S. Constitution on December 15, 1791 These are collectively known as the Bill of Rights

Judicial InterpretationOf primary concern are the Fourth,

Fifth, Sixth, and Eighth Amendments: Limit and control the manner in which the

federal government operates the justice system The Fourteenth Amendment applies these

rights to the state and local governments

4th Amendment The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Stopping, questioning, or searching an individual without legal justification represents a serious violation of the Fourth Amendment.

5th Amendment No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I plead the 5th (Losi Lerner in the IRS Scandle)

Video: Lois Lerner

6th Amendment In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Right to attorney - Change of Venue

Video: Change of Venue

8th Amendment Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual punishments inflicted.

Death Penalty?

14th Amendment Section 1: All persons born or naturalized in the

United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Equal protection (gay marriage)

Due Process of Law The concept of due process is found

in both the Fifth and Fourteenth Amendments Due process has been used to evaluate

the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system

Due Process of Law Due process can be divided into two

distinct categories: a. Substantive b. Procedural

Substantive due process Refers to the citizen’s right to be protected

from criminal laws that may be biased, discriminatory, or otherwise unfair

Procedural due process Seeks to ensure that no person will be

deprived of life, liberty, or property without proper and legal criminal process

End

Chapter 4