Inside Criminal LawStandard 5: Students can explain the fundamental doctrines that drive the American criminal justice system.

Due Process

Origin of Due ProcessMagna Carta: "No free man shall be taken or imprisoned or dispossessed, or outlawed or exiled, or in any way destroyed, nor will we go upon him, nor will we send against him except by the lawful judgment of his peers or by the law of the land.”

What is Due Process?A right guaranteed by the 5th and 14th Amendments. Due Process Clause: “No person shall be deprived of life, liberty, or property without due process of law.”

Types of Due ProcessProcedural

Everyone gets a fair PROCESSIncludes search procedures, arrest, speedy trial, impartial jury, right to attorney

Substantive

Laws must be fairEx: Supreme Court ruled 1930 Oklahoma law that sterilized habitual felons unconstitutional

PrecedentIn your notes: name or describe a famous supreme court case (historical or current)

PrecedentDefinition: a court decision that is an example of authority for future similar cases

Example: Plessy v. Ferguson – supreme court set the precedent that separate but equal public facilities is constitutional

Stare Decisis“to stand on decided cases”Doctrine that judges are obligated to follow precedents set by the highest courtExample: Brown v Board – all states had to comply with the decision

Four Written Sources of American Criminal Law

4 Written SourcesConstitutional

Administrative

Statutory

Case Law

Constitutional Law

CRIMEElements of a Crime

Corpus Delicti“the body of the crime”Circumstances that must exist for a criminal act to have occurred

Actus ReusGuilty ActPlanning the act does not qualify as a guilty actAttempting the act does qualifyExample: John Smith robbed a bank

Mens ReaGuilty intentThe offender knowingly, intentionally, or willingly committed the crimeEx: John Smith knew he was robbing a bank and that is badIntent determines level of liability which can differentiate between varying degrees of similar acts (ex: murder)

ConcurrenceGuilty Act + Guilty Intent (must occur together)Example: John Smith planned a robbery (intent) but then someone else robbed the same bank. John could not be charged (he did not commit the act)

CausationThe criminal act caused the harm sufferedExample: a person who put graffiti a building could not be charged with arson if the building burned down

Attendant Circumstances

Additional facts that may increase the penaltyMust be proved beyond a reasonable doubtEx: use of a weapon, amount stolen, hate crimes, etc

HarmThe damage done can determine what type of crime was committedEx: victim is hit with a tire iron.

If he dies = murderIf he is unconscious = battery

DefensesCriminal Defenses

Excuse DefensesInfancy: Young children do not understand the consequencesJuvenile justice system handles cases

Insanity: The person’s mind is such that at the time of the act, he/she did not know it was wrong or did not know the nature of the actDifficult to prove

Excuse Defenses - Intoxication

Involuntary intoxication: person did not know they were under the influence of substances and were not able to have guilty intent in their actionVoluntary intoxication: typically not a valid defense. May lead to lighter sentence

Excuse Defenses - Mistake

Mistake of Law

Ignorance of the law is not excuse but…If a law changes or is falsely reported, it COULD be a defense

Mistake of FactJohn took Julie’s backpack because he though it was his (that is not theft)He would have to prove that a reasonable person could make the mistake (the backpacks look similar)

Justification Defenses - Duress

Wrongful threat of one person induces another to perform an act he/she would not otherwise perform

Threat must be of serious harm or deathThreat must be greater than the harm caused by the crimeThreat must be inescapableThreat must be of no fault of his/her own

Justification Defenses

Self Defense: Deadly force can be used if there is a reasonable belief that death or harm will result from attack

Necessity: circumstances require a person to commit a crime. “the lesser of two evils”