Nature of the Criminal Law

A. Foundations of the Criminal Law B. Sources of the Criminal Law C. Legal definitions of crime D. The Nature of Crime E. Characteristics of Criminal Acts F. Defenses against Criminal Responsibility

Foundations of the Criminal Law

1. Substantive criminal law 2. Procedural criminal law 3. Consensus View 4. Conflict View

Sources of the Criminal Law

1. Common Law 2. Federal and State Constitutions 3. Case Law 4. Administrative Regulations

Legal Definition Tappan: “an intentional act or omission in

violation of criminal law (statutory and case law), committed without justification, and sanctioned by the state as a felony or misdemeanor.” Paul W. Tappan (1960) Crime, Justice, and Correction. New York: McGraw-Hill, p. 10.

This leads to the nature of crime and characteristics of the criminal act

The Nature of Crime 1. Mens Rea – the guilty or conscious decision to commit a

criminal act; criminal intent

2. Actus Reus – the behavior that must be committed to meet the definition of a crime; action

3. Attendant Circumstances – a link or relationship between the act and the harm that results a. Some homicides are justifiable b. Some assaults are justifiable

Characteristics of Criminal Acts 1. Sufficiency – is that which is observed sufficient to confirm the

existence of a guilty mind 2. Possession – this alone is sufficient to fulfill the act requirement

a. Constructive – a condition in which a person has the opportunity to exercise control over an object

b. Actual possession – a condition in which a person has exclusive control over an object

3. Status – one cannot be criminally punished for one’s particular status, i.e., drug addiction

4. Omissions – Sometimes an omission satisfies the act requirement; failure in some legal duty

5. Voluntariness – act must be of one’s free will; must be knowingly done

State of Mind Requirement

1. Recklessness – conscious disregard of a substantial and unjustifiable risk

2. Intention – conduct that is carried out knowingly or purposefully; deliberation

Causation Requirement

1. An act must be shown to be the “proximate cause” of the particular harm suffered

2. A connection between the act and the harm;

X > Y

Defenses Against Criminal Responsibility

1. Entrapment – predisposition of the accused 2. Self-Defense – level of necessary force 3. Necessity – prison escapes 4. Duress 5. Mistake – of fact; of law 6. Intoxication – seldom successful 7. Insanity

Procedural Criminal Law 1. “Accused persons in criminal cases must be accorded certain rights

and protections in keeping with the adversarial nature of the proceeding and they must be tried according to legally established procedures.” George F. Cole (1995) The American System of Criminal Justice, 7thg Edition. Belmont, California: Wadsworth Publishing., p. 115.

2. Due Process and the Bill of Rights

3. The Supreme Court and Selective Incorporation

4. Due Process Today