intro to law and justice ch 5 ppt

Law, Justice, and Society:A Sociolegal Introduction

Chapter 5Crime and Criminal Law

Crime and Criminal Law

Criminal law, aka substantive law, is the law of crimes.Defined by statute Prescriptions Proscriptions

Enforced by the statePrimary purpose is to protect the public from harm by punishing harmful acts that have occurred and seeking to avoid harm by forbidding conduct that may lead to it.


“an intentional act in violation of the criminal law committed without defense or excuse, and penalized by the state” (Tappan, 1947:100)1.An act in violation2.Of a criminal law for which 3. A punishment is prescribed; 4.The person committing this action must have

intended to do so5.And to have done so without any legally

acceptable defenses or justifications

What Is Crime?

Crime and Criminal LawCrime as a Subset of Harmful Acts

Core offenses

All crimes

All social harm

All harms


State and federal constitutionsState and federal statutesCommon law Codified in most states mid-1800s

Federal law is growing source of criminal law.Statutes define elements (various parts) of a crime more specifically than common law.

Sources of Criminal Law


Substantive due process: there are limits to what conduct the law may seek to prohibitForbids passage of laws that infringe on the rights of individuals Free speech Assembly

Overbreadth doctrine: laws are unconstitutional when they fail to narrowly define the specific behavior to be restricted

Limitations on the Criminal Law


Void for vagueness: laws are unconstitutional if they fail to clearly define the prohibited act and the punishment in advanceFair notice: letting people know what is and is not permittedMust not restrict due process: laws must be enforced fairly and non-arbitrarily Must not restrict equal protection: laws cannot restrict the rights of members of suspect classifications

Limitations on the Criminal Law (cont.)


Cruel and unusual punishment: punishments must be proportional to the crimeEx post facto laws: people cannot be penalized for behavior that was not illegal at the time they acted; penalties cannot be increased after the crime has been committed Ex post facto laws do apply retroactively if they

are beneficial.

Bills of attainder: laws that impose punishment without trial

Limitations on the Criminal Law (cont.)


Elements must be present for criminal liability to attach Actus reus Mens rea Concurrence Causation Harm

Make up the corpus delecti

Elements of Criminal Offenses


The guilty act; three forms: Voluntary bodily movements An omission in the face of a duty to act

Failure to perform a legal duty Failure to prevent serious harm when a special

relationship exists Possession

If the person has some knowledge that his or her possession is illegal

Actus Reus (Criminal Act)


Guilty mind; inferred from circumstances surrounding the criminal actFour levels:1. Purposeful2. Knowing3. Reckless4. Negligent

Doctrine of transferred intent

Mens Rea (Criminal Intent)


The union of the criminal act and the criminal intent (actus reus and mens rea) The intent must set the act in motion.

Concurrence


The criminal act is the act that is the cause of the harm.Two types:1. Factual cause: “but for” the actor’s

conduct the harm would not have occurred2. Legal cause: consequences of an act

that are not reasonably foreseeable to the actor (intervening causes) relieve the actor of some degree of criminal liability

Causation


The result of the act, the injury to another or to societyThere can be no liability without harm.Occurs in all crimes Can be focused on harm only to the actor

Victimless crimes

May be physical or mental

Harm


Strict liability: imposes accountability without proof of criminal intent in situations where society deems it fair to do so Statutory rape

Vicarious liability: (only civil law) the imputation of accountability from one person to another Based on relationship of individual to person

committing illegal act

Liability Without Fault


Crimes that occur in preparation for an offenseThree types: Attempt Solicitation Conspiracy

Inchoate Crimes


Doctrine of complicity: more than one person may be held liable for criminal activity Requires that all criminal elements be

present Common law recognizes four parties to a

crime:1. Principals in the first degree2. Principals in the second

degree3. Accessories before the fact4. Accessories after the fact

Parties to Crime


Defense: a response by the defendant that allows him or her to avoid criminal liabilityAlibi: defendant asserts that he or she did not commit the crimeAffirmative defenses: defendant admits that he or she committed the act but denies criminal liability Shifts both the burden of production and persuasion to the defense (preponderance of the evidence)

Defenses to Criminal Liability


Defenses in which the defendant admits he or she is responsible for the act but claims that under the circumstances the act was not criminal Self-defense Consent Execution of public duties

Justification Defenses


Use of force to repel an imminent, unprovoked attack in which a person reasonably believed that he or she was about to be seriously injuredMay use only as much force as is necessaryRetreat doctrine: a person must retreat rather than use deadly force if doing so is possibleCastle doctrine: persons attacked in their home need not retreat Can also apply to the defense of others and property

Self-defense


Persons may consent to suffer what otherwise would be an objectionable injury.Consent must be voluntary, knowing, and intelligent.

Consent

Execution of Public Duties Agents of the state are permitted to use

reasonable force in the lawful execution of their duties.


Ones in which the defendant admits that what he or she did was wrong but claims that under the circumstances he or she is not responsible for improper conduct Duress Intoxication Age Insanity

Excuse Defenses


Situations involving the threat of serious, imminent harm to oneself, where the act is less serious than the threatened harmThose forced to commit a crime in such circumstances do not act voluntarily Eliminates actus reus Eliminates mens rea

Duress


Voluntary and involuntary Voluntary never leads to acquittal; may only mitigate. Involuntary may work as a defense as the person is not responsible for his or her actions.

Intoxication

Crime and Criminal LawAge

Persons below a certain age lack the capability to form mens rea.

InsanityImpairs mens reaMental illness and legal insanity are not the

same M’Naghten rule: right–wrong rule Durham test: product test Irresistible impulse test Substantial capacity test GBMI


It is claimed that the defendant’s due process rights were violated.Double jeopardy, denial of speedy trial, use of illegally seized evidenceEntrapment in one of two scenarios (Sherman v. U.S., 1958):1.The crime is the result of the “creative activity”

of law enforcement.2.The prosecutor cannot prove beyond a

reasonable doubt that the defendant was “independently predisposed” to commit the crime.

Procedural Defenses


Crimes against the personCrimes against propertyCrimes against societyCrimes against morality

Categories of Crime


Crimes against the person Murder Forcible Rape Aggravated Assault Robbery

Categories of Crime


Common law: the killing of another person with malice aforethoughtFBI: murder is the willful (non-negligent) killing of one human being by anotherModel Penal Code: murder is a killing that occurs (1) purposefully, (2) knowingly, or (3) recklessly

Murder


The killing of another human being What is a human being? When is someone alive or dead? What types of homicide deserve punishment?

First-degree murder: deliberate and premeditatedSecond-degree murder: any killing that is intentional but not premeditated or planned

Murder (cont.)


Voluntary An intentional killing that occurs

Under a mistaken belief that self-defense is needed

Or in response to adequate provocation while in the sudden heat of passion

Involuntary An unintentional killing that occurs as a

result of a reckless act

Manslaughter


An unintentional killing in which the defendant should have known that he was creating a substantial risk of death by his conductSuch conduct deviated from the ordinary level of care owed to others.

Negligent Homicide


An individual is held liable for an unintended killing that occurs during the commission of a dangerous felony.No requirement of intent to either kill or inflict serious harm

Felony Murder


Rape FBI: carnal knowledge of a female forcibly and

against her will Common law: carnal knowledge by a man of a

woman who is not his wife, forcibly and without her consent

Modern day: eliminated marital rape exception, neutralized gender specificity, relaxed resistance requirements, and created rape shield laws during criminal court

Child sexual abuseDeath penalty cannot be used in rape cases, except in some states where capital punishment for raping children is allowed.

Forcible Rape


Aggravated assault: serious injury or assault with an item FBI: an unlawful attack by one person upon

another for the purpose of inflicting severe or aggravated bodily injury

Common law: Assault: an attempt or a threat to inflict

immediate harm Battery: an unjustified, offensive physical contact

Modern assault and battery: Assault and battery have been merged as

“assault.”

Aggravated Assault


FBI: the taking or attempted taking of anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or putting the victim in fearOften classified as a violent crimeExtortion: a taking of property accomplished by the threat of future harm to person, property, or reputation

Robbery


ArsonBurglaryLarceny/Theft

Crimes Against Property


FBI: any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. First degree: burning of an occupied structure Second degree: burning of an unoccupied

structure Third degree: burning of personal property

Arson


FBI: the unlawful entry of a structure to commit a felony or theftSeventeenth century: the breaking and entering of the dwelling of another at night with the intention of committing a felony inside the dwellingToday burglary can occur during the day.Not entry alone–must be unlawful entry accompanied by intent to commit another crime inside

Burglary


FBI: the unlawful taking, leading, or riding away of the possession or constructive possession of anotherLarceny is graded depending on the method of taking and the value of the property taken.Grand theft versus petty theft (felony and misdemeanor) Crimes against property (theft) are more common than crimes against the person.

Larceny/Theft


Crimes against public order are those in which the injury is to the peace and order of society. Disorderly conduct Unlawful assembly Vagrancy

Crimes against morality are those in which the moral health of society is injured. Adultery Prostitution Obscenity

Crimes Against Public Order and Morality

intro to law and justice ch 5 ppt

Law

criminal law criminal

criminal law crime

criminal law state

criminal law elements

criminal law substantive

criminal law void

source of criminal law

sources of criminal