Criminal Justice 400 TYPES AND CLASSIFICATIONS OF CRIMES

Criminal Justice 400 TYPES AND CLASSIFICATIONS OF CRIMES

Classification of Crimes q Source Ø Common Law Ø Statute Ø Case Law q Type Ø Felony Ø Misdemeanor q Harm that Occurs Ø Crimes against Persons Ø Property Crimes

Development of Criminal Law Code of Hammurabi Magna Carta Common Law (English)

Code of Hammurabi Earliest known written law Lex talionis – “Law of retaliation”

Magna Carta (1215) Delineated illegal behavior Granted rights to citizens Limited the capricious power of the king

English Common Law Judge-made Based upon precedent Similar cases should be decided in a similar manner Formed the basis for American law

Stare decisis “To stand by a decision” Precedent of previous case becomes the standard for subsequent cases

Sources of Law Common Law Constitutions/Statutes Case Law

Criminal Law Wrong against society Incarceration Fine

Civil Law Tort (personal wrong) Loss of privilege Monetary judgment

Substantive Law Behaviors defined as a crime Defines what individuals are allowed “to do” Includes elements of the offense and penalties

Procedural Law Prescribes methods for legal enforcement Specifies how the criminal justice system deals with offenders Due Process

Case Law Stare decisis Jurisdiction specific

Felonies… generally Most serious crimes Prison: 1 year or more, up to life and/or capital punishment Fine: $1000 or more

Misdemeanors… generally Less serious crimes Jail: less than 1 year Fine: less than $1000

Categorization of Felony vs. Misdemeanor ultimately is determined by STATUTE

Actus reus The Criminal Act Can be an act of commission or omission

Mens rea The intent to commit a criminal act

Generally, Actus Reus AND Mens Rea must be present

Strict Liability Crimes Mens rea not required Only necessary to show that the act was committed Public welfare crimes (drugs, traffic, etc. )

Status Crimes Makes “status” or a “chronic condition” illegal Held to be Unconstitutional Can only punish what a person DOES, not what he IS