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Understanding Criminal Law: Key Concepts and the Justice Process

This class explores essential concepts of criminal law and the criminal justice process. We will review critical topics such as mala in se versus mala prohibita crimes, the nature of due process, and elements of a crime, including mens rea and actus reus. Additionally, we will discuss criminal liability and various defenses to charges, as well as concerns regarding the accuracy and fairness of the criminal justice system. The class will involve quizzes, interactive discussion, and a critical look at contemporary issues within criminal justice.

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Understanding Criminal Law: Key Concepts and the Justice Process

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  1. CJS/SOC 220 Criminal Law and the Criminal Justice Process Class 1

  2. Administrative • Give quiz 3 • Return quiz 2 at the end of the class • Any questions about assignments, reading or where we are?

  3. Review • Mala in se crime • Mala prohibita crime • Crimes against persons, property and public order • Reasons why people do or don’t obey the law • Problematic that we all choose to obey some laws and violate others

  4. Today • Aspects of Criminal Law • Nature of Due Process • Elements of a Crime • Criminal Liability and Defense

  5. I. Aspects of Criminal Law • Substantive Criminal Law • Examples? • Procedural Criminal Law • Examples?

  6. II. Nature of Due Process • Where does “due process of law” come from? • Basic Elements of due process? • Right not to be held without cause – hence habeas corpus • Right to know of what you are accused – hence arraignments • Right to a jury trial – of impartial peers • Right to be represented by counsel • Right to face your accuser(s) and confront the evidence against you – hence discovery and cross-examination • Right to present witnesses and evidence on your own behalf

  7. III. Elements of a Crime • Mens Rea • Actus Reus • Concurrence • Other aspects of the circumstances

  8. IV. Criminal Liability and Defense • What is criminal liability? • What is the most basic defense? • Other circumstances that may mean there is no criminal liability • Defenses related to inability to make sound judgments • “Stand your ground” laws passed by some states • Duress • Necessity • Entrapment

  9. Next Time • Continue with issues of criminal law and the criminal justice process

  10. CJS/SOC 220 Criminal Law and the Criminal Justice Process Class 2

  11. Administrative • Return quizzes at the end of class

  12. Review • Issues of substantive and procedural criminal law • Issues related to due process • Elements of a crime • Mens Rea • Actus Reus • Concurrence • Defenses to criminal charges (in addition to “I didn’t do it!”)

  13. Today • Concerns with the Criminal Justice System • Steps in the system for defendants • Problem of accuracy

  14. I. Concerns with the Criminal Justice System • What are some of these issues from the text? • Who is responsible? • Assisted suicide versus murder • Costs of the system • Fairness and accuracy • What are some such issues not in the text? • What do you think? • Victimless crimes? • Focus on street crime rather than corporate crime? • Impact of the criminal justice system on crime rates?

  15. II. Steps in the system for defendants • Book covers what happens after arrest • Initial Appearance and Preliminary Hearing • Issue of plea appears at this point • Issue of bail appears at this point • Grand jury • Trial

  16. III. Problem of Accuracy • Is there reason for concern with the accuracy of arrests, indictments and verdicts? • Why? • Is there any reason for concern with the accuracy of plea bargained outcomes? • Why?

  17. Next Time • Start on the topic of police and other law enforcement agencies

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