Chapter Four Criminal Law Substance and Procedure Learning

Chapter Four Criminal Law: Substance and Procedure

Learning Objectives List the similarities and differences between substantive and procedural criminal law and between civil law and public law ➤ Discuss the concept of substantive criminal law and be familiar with its history ➤ Discuss the sources of the criminal law ➤ Describe how crimes are classified ➤ Identify with the elements of a crime ➤

Learning Objectives Define the term strict liability ➤ Discuss excuse and justification defenses for crime ➤ Discuss the concept of criminal procedure ➤ Identify which amendments to the Constitution are the most important to the justice system ➤ List the elements of due process of law ➤

Four Broad Categories of Law Substantive Criminal Law 1. ➤ Body of specific rules that declare what conduct is criminal and prescribes the punishment to be imposed for such conduct Procedural Criminal Law 2. ➤ Sets out the basic rules of practice in the criminal justice system Civil law 3. ➤ All law that is not criminal Public law 4. ➤ Law that deals with the government and its relationships with individuals or other governments

The Development of Criminal Law ➤ Goals of substantive criminal law: ➤ ➤ ➤ ➤ To enforce social control Distribute retribution Express public opinion and morality Deter criminal behavior Punish wrongdoing Maintain social order Provide 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 ➤ The U. S. legal code is directly tied to England ➤

The Common 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 ➤ Eventually this system evolved into a common law 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 Law ➤ The 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

Thinking Point ➤ In 2004, Scott Peterson was convicted of first-degree murder in the death of his wife, Laci and seconddegree murder in the death of his unborn son, Conner. He is currently on death row in CA and continues to appeal his conviction. At least 38 states have fetal homicide laws, and many states increase criminal penalties when a person causes injury to a woman they know is pregnant and the injury results in a miscarriage or stillborn. ➤ ➤ ➤ What is your opinion of fetal homicide laws? Should there be extra criminal penalties for harming an unborn child? What are some potential consequences of these laws?

Constitutional Limits ➤ Criminal laws have been interpreted as violating constitutional principles if they are too vague or too broad 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 Crimes Felonies ➤ Misdemeanors ➤ ➤ Each jurisdiction in the U. S. determines by statute what types of conduct constitute felonies or misdemeanors

The Legal Definition of a Crime ➤ Almost all common-law crime contains both mental and physical elements ➤ Actus reus ➤ ➤ An illegal act, or failure to act when legally required Mens rea ➤ A guilty mind; the intent to commit a criminal act

The Legal Definition of a Crime ➤ To constitute a crime, the law requires a connection be made between the mens rea and actus reus thereby showing that the offender’s conduct was the proximate cause of the criminal act

Thinking Point ➤ In Huntsville, AL on September 22, 2011, Amy Bishop pleaded not guilty by reason of insanity in the shootings that killed 3 colleagues and wounded 3 others during a February 2010 faculty meeting. Before the murders, Bishop exhibited a long history of strange behavior, including the fatal shooting of her brother and an attack on a woman in a local restaurant. ➤ Is it possible that extremely violent people like Bishop are “normal” or are their actions clear evidence of mental illness?

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

Thinking Point ➤ Think about a recent episode you watched of your local news. What types of crimes were profiled and what legal definition does each fit into. ➤ ➤ Do you believe this is representative of the types of crime occurring more generally in your community? Why or why not? What types of crime may be over represented by the media?

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 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

Criminal Defenses ➤ Another type of defense is justification ➤ An example is self-defense, which involves maintaining that the act was justified under the circumstances

Excuse Defenses ➤ Duress ➤ ➤ Insanity ➤ ➤ If the defendant was forced to commit a crime as the only means to preventing death or serious harm to himself/others 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 Entrapment ➤ If law enforcement agents used traps, decoys, and deception to induce criminal action

Justification Defenses ➤ Consent ➤ ➤ The type of crime involved generally determines the validity of consent as an appropriate legal defense Self-defense ➤ Must prove s/he acted with a reasonable belief that s/he was in imminent danger of death or harm and had no reasonable means of escape from the assailant

Justification Defenses ➤ Necessity ➤ ➤ When a crime was committed under extreme circumstances and could not be avoided Law Enforcement ➤ Crime committed in the line of a first responder occupation

Thinking Point ➤ Statutory rape is one type of offense in which the issue of “consent” on the part of the victim becomes an issue. Research the definition of statutory rape in your state and then search for the sentence given for this offense in your state. ➤ ➤ Given that this is a CONSENSUAL crime, what is your opinion on this sentence? Are you aware that individuals convicted of statutory rape are also placed on the sexual offender registry and labeled (often for life) as a sex offender? What is your opinion of this?

Reforming the Criminal Law ➤ Laws, in part, reflect public opinion and morality ➤ ➤ ➤ ➤ Stalking laws Prohibiting assisted suicide Registering sex offenders Clarifying rape Controlling technology Protecting the environment Legalizing marijuana Responding to terrorism

Thinking Point ➤ Laws, in part, reflect public opinion and morality. ➤ ➤ Is there a current law that you would eliminate because you don’t believe it reflects current public opinion and morality? Is there a law you would add that doesn’t currently exist, that you believe would reflect current public opinion and morality?

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 Interpretation ➤ Of 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

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: 1. 2. ➤ Substantive due process ➤ ➤ Substantive Procedural 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