CJ 230 Criminal Law for Criminal Justice

Week 1 Seminar

Administrative

• Welcome

• Please review all of the announcements posted in the course

• Please review the announcements about the discussions question, postings, sources, academic sources

Communication

• Please keep an open line of communication with me throughout the course

• Please use the email feature inside the course

• Office hours – M-F 12 – 1 pm pst / 3 – 4 pm EST

Weekly Seminar

• Please note, our weekly seminar is on Sunday nights, from 8 – 9 pm EST

• If you cannot attend, please follow provided instructions on the make up

• Late work – accepted with some point reductions, please communicate with instructor on what will be allowed and not

• On to chapter 1…

Chapter 1Chapter 1

The Nature, Purpose, and The Nature, Purpose, and Function of Criminal LawFunction of Criminal Law

What is the Criminal Law?What is the Criminal Law?

The foundation of the criminal justice system.

States specify a variety of unacceptable and condemned behaviors in their criminal codes.Engaging in these acts may lead to arrest,

prosecution, & punishment.

The Nature of Criminal LawThe Nature of Criminal Law

Crimes are behaviors declared by laws as illegal (criminal offenses) AND have specified punishments/sanctions attached for engaging in these behaviors.

Importantly, crimes are acts officially condemned by the community and carries a sense of shame/humiliation.

Criminal versus Civil LawCriminal versus Civil Law

Criminal laws—protect society from condemned behaviors by individuals

Civil laws—protect individual interest rather than public interestTort—injury to an individual and/or to his/her

property

Purposes of the Criminal LawPurposes of the Criminal Law

Harm (prevent threatening conduct)

Warning (of illegal behaviors & punishments)

Definition (act & intent required for each crime)

Seriousness (serious v. minor offenses)

Punishment (protect, deter, rehabilitate, & satisfy

revenge)

Victims (represent victim, family, & community

interests)

The Principles of Criminal LawThe Principles of Criminal Law

Substantive Criminal Law—analysis of the definition of specific crimes & the general principles that apply to all crimes

Criminal Procedure—study of the legal standards that govern the detection, investigation, & prosecution of crimes

General Criminal Law: Basic PrinciplesGeneral Criminal Law: Basic Principles

Criminal Act

Criminal Intent

Concurrence

Causation

Responsibility

Defenses

Categorizing Crimes…Categorizing Crimes…

Capital felonyFelonyGross misdemeanorMisdemeanorPetty misdemeanorViolations/infractions

***most to least serious

More Crime Categories…More Crime Categories…

Mala in seinherently evil

Mala Prohibitaonly prohibited by statute

Infamousdeserving of shame/disgrace

More Categories, by Subject MatterMore Categories, by Subject Matter

Crimes against the State Crimes against Persons Crimes against Habitation Crimes against PropertyCrimes against Public OrderCrimes against Administration of JusticeCrimes against Public Morals

Sources of US Criminal LawSources of US Criminal Law

English and American common lawState criminal codesMunicipal ordinancesFederal criminal codeState and Federal constitutionsInternational treatiesJudicial decisions

What is the Common Law?What is the Common Law?

Foundation of US criminal lawUnwritten law until 1300Product of judicial decisions in actual casesAdopted by the 13 original states after the

American Revolution

Source: State Criminal CodesSource: State Criminal CodesWritten criminal codes adopted beginning

in the 19th centurySome states remain common law states…

others are code jurisdictionsReception statute (provides that states

“receive” the common law as part of their criminal law)

Common law still plays an important role even in code states

Source: State Police PowerSource: State Police PowerThe duty to protect the well-being & tranquility

of a community & to prohibit acts or things reasonably thought to bring evil or harm to its people.

Source: Model Penal CodeSource: Model Penal CodeAn ideal set of “model” criminal codes

developed by the ALI—the primary reason for the significant degree of agreement in the definition of crimes in the state criminal codes.

Source: Federal StatutesSource: Federal Statutes

Congressional responsibilities set forth in the US Constitution (some examples)

Regulate interstate commercePower to declare warProvide for the national defenseCoin money & collect taxes

Congress is entitled to make all laws necessary & proper in order to fulfill these responsibilities.

The 10th Amendment (federal v state powers)

Source: Federal Statutes (cont.)Source: Federal Statutes (cont.)

The Federal Criminal Code compiles the criminal laws adopted by the US Congress.

The Supremacy Clause of the Constitution provides that the federal law is superior to the states’ laws in particular areas (to preserve the national government)…otherwise known as the Preemptive Doctrine.

Dual sovereignty is the sharing of power between the federal & state governments.

Limitations: ConstitutionsLimitations: Constitutions

Federal & state constitutions establish limits & standards for provisions in the criminal law.

The ability of legislators to enact criminal laws is limited by public opinion.

The democratic will of the majority is subject to constitutional limitations.

1.1. You Decide: Rodney King1.1. You Decide: Rodney King

Think about/discuss the following issues…

Double jeopardy (as the officers were tried—and acquitted—at the state level then tried at the federal level)

What about the Dual Sovereignty Doctrine?Did the criminal law & criminal court process

operate fairly in this case? Why or why not?

Key IssuesKey Issues

Defining crimes & legally-required elementsDifferences between criminal & civil lawPurposes of criminal law in the USVarious parts of the criminal law Basic criminal law principlesVarious ways of categorizing criminal behaviorSources of criminal lawLimitations on creating criminal laws

Briefing CasesBriefing CasesKey terms

Bench trials, trial transcripts, appellate courts, briefs, oral arguments, trial de novo, appellant, appellee, collateral attack, petitioner, respondent, habeas corpus, writ of certiorari

Case StructureIntroduction: title, citation, judge, outlineJudicial Opinion: history, facts, law

Case BriefsImportance of & contents/components