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Criminal Law Chapter 3

Criminal Law Chapter 3. The Nature and Purpose of Law. Law refers to: Statutory law is often the result of moral enterprise by interest groups that, through the exercise of political power, are successful in seeing their __________________ enacted into law.

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Criminal Law Chapter 3

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  1. Criminal LawChapter 3

  2. The Nature and Purpose of Law • Law refers to: • Statutory law is often the result of moral enterprise by interest groups that, through the exercise of political power, are successful in seeing their __________________ enacted into law. A _______________, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. Laws channel human behavior & contribute to public order.

  3. The Nature and Purpose of Law What Do Laws Do?

  4. The Nature and Purpose of Law • ____________ refers to: • ____________ refers to: Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws. The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.

  5. Courts interpret the statutory laws. Case law— law that results from judicial decisions. Judicial precedent Built on legal reasoning and past interpretations of statutory law Guides decision making, especially in the courts _____________— the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, which may be supported by judicial decisions. Interpreting Statutory Law

  6. The Rule of Law • ____________ holds that an orderly society must be governed by established principles & known codes applied uniformly & fairly to all of its members. The rule of law has been called the greatest political achievement of our culture! Maxim that an orderly society must be governed by _________________ and known codes that are applied uniformly and fairly to all of its members.

  7. The Rule of Law • Elements of the rule of law • Freedom from private lawlessness provided by the legal system of a politically organized society. • A relatively _______________________ in the formulation of legal norms and a like degree of evenhandedness in their application

  8. The Rule of Law • Elements of the rule of law • Legal ideas and juristic devices for the attainment of individual and group objectives within the bounds of ordered liberty • Substantive and procedural limitations on ________________ in the interest of the individual for the enforcement of which there are appropriate legal institutions and machinery

  9. The Rule of Law • “Americans are free to disagree with the law, but ________________…” - President John F. Kennedy • Jurisprudence refers to: The philosophy of the law or science and the study of the law.

  10. Criminal Law • Criminal law (also known as ________) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order. • Crimes injure not just individuals, but _________________ • Punishment for violators of criminal law is justified by the fact that the offender intended the harm and is responsible for it.

  11. WRITTEN CRIMINAL LAW • There are two types of written criminal law: • Substantive law— describes which acts constitute crimes and specifies punishments for those acts. • Procedural law— specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system. There are numerous _________ among jurisdictions.

  12. Civil Law • Civil law refers to: • Civil law contains rules for ___________and social obligations. • ______ refers to: The branch of modern law that _________________ between parties. A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.

  13. Administrative Law • Administrative law refers to: • Includes laws such as: The body of regulations that governments have created to control the activities of industry, business, and individuals.

  14. Case Law • ___________refers to: • ___________ refers to: A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. • A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them. • Creates predictability in the law

  15. Procedural Law • Procedural law refers to: • It includes general rules of evidence, search and seizure, procedures to be followed in an arrest, and other specified processes. • Procedural laws balance _______________ against the state’s interested in speedy and efficient case processing. The part of the law that specifies the methods to be used in _________________

  16. General Categories of Crime • Felonies • __________ • Misdemeanors • __________ • __________ • Treason and espionage • Inchoate offenses

  17. Felonies • Felonyrefers to: • There is a move to a scheme of classifying the seriousness of felonies. • Crime classified as a felony in one part of the country may be a ______________ in another. A serious criminal offense punishable by _______ or by incarceration in a prison facility for at least one year.

  18. Misdemeanors • Misdemeanorsrefer to: • Most receive suspended sentences involving a fine and supervised probation. • Normally, an officer cannot arrest for a misdemeanor unless it was committed in the _________________. An offense punishable by incarceration, usually in a ___________________, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less.

  19. INFRACTIONS • Offense refers to: • Often used to refer to minor violations. • Infraction refers to: A violation of the criminal law. A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually _____ term of incarceration.

  20. Treason & Espionage • ________ refers to: • _________ refers to: “A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States.” The “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage. Can be committed by non-citizen.

  21. Inchoate Offenses • Inchoate offense refers to: • Conspiracy • ________ An offense _______________. Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

  22. General Features of Crime The essence of crime consists of three elements: • Actus reus(the criminal act) • Mens rea(a culpable mental state) • _______________________

  23. The Criminal Act Actus reus— the guilty act • There has to be an act. Thoughts alone are not sufficient to constitute a crime. • To be something (like a drug addict) is not enough. • Actus reus can include: • Threats • Omission to act • Attempted criminal acts • _________________

  24. A Guilty Mind (Mens Rea) • Mens rea refers to a person’s mental state • at the time the act was committed. • There are four levels of mens rea: • Purposeful • Knowing • Reckless • Negligent • Mens reais ____ the same as motive.

  25. A Guilty Mind (Mens Rea) • Reckless behavior refers to: • ________________ refers to: • Motive refers to: Activity that increases the risk of harm. Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. A _____________ for committing a crime.

  26. Strict Liability and Mens Rea • Strict liability refers to: • Based on the presumption that causing harm is in itself blameworthy. Absolute liability offences. • Routine traffic offenses • Narcotic laws • ______________ Liability without fault or intention. Strict liability offenses do ____________mens rea.

  27. Concurrence • Concurrencerefers to: The _____________ of (1) an act in violation of the law and (2) a culpable mental state. Requires the guilty mind and guilty act occur together for a crime to take place.

  28. Other Features of Crime • Some scholars argue that additional principles must be present: • Causation • ________________ • Principle of legality (________________) • ________________ • Necessary attendant circumstances

  29. Elements of a Specific Criminal Offense • Element(of a crime) refers to: • Example: Murder • An unlawful killing • Of a human being • Intentionally • With planning (or “___________________”) In a specific crime, one of the essential features of that crime, as _____________________.

  30. The Corpus Delicti of a Crime • Corpus delicti refers to: • A person cannot be tried for a crime unless it can first be shown that the _______________. • That a certain result has been produced. • That a person is criminally responsible for its production. The facts that show that a crime has occurred. “The body of the crime”.

  31. Multiculturalism and Diversity • ___________ refers to: • _____________ to acts of terrorism or jihad • Hududcrimes: offense against Allah • Tazircrime: offense against society A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran (Qur’an)

  32. Types of Defenses • Defense(to a criminal charge) refers to: • Categories of defense: Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.

  33. Alibi • Alibirefers to: A statement or contention by an individual charged with a crime that he or she ________ _________ when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.

  34. Justifications • Justificationrefers to: • Categories of justifications: Legal defense in which the defendant admits to committing the offense but claims it was necessary in order to avoid some greater evil.

  35. Self-defense - claim it was necessary to inflict pain on another to ensure one’s own safety in the face of near-certain injury or death. ____________— If the opportunity to escape exists, the courts require the victim take that opportunity and flee. If the opportunity to flee does not exist, then the victim can use reasonable forceto defend themselves. ______________ – can use reasonable force to defend others (alter ego rule) Defense of Home/Property – non-deadly force Self-Defense

  36. OTHER JUSTIFICATIONS • Necessity – prevent greater harm • _________ – victim consented to the crime • Resisting Unlawful Arrest – right to resist arrest if believe it is unlawful

  37. Excuses • Excuse refers to: • Categories of excuses: A legal defense in which the defendant claims that some _______________ or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

  38. Standards for Insanity Determinations by Jurisdiction

  39. Insanity 95 • Insanity is: • M’Naghten rule • A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was ________________. A legal defense based on claims of mental illness or _______________.

  40. Insanity • Irresistible impulse • The defendant knew what he or she was doing and that it was wrong, but could ______________ • Durham rule • A person is not criminally responsible for his or her behavior if the person’s illegal actions were the result of some _________________

  41. Insanity • Substantial capacity test • Found in the Model Penal Code, it suggests that insanity should be defined as the lack of a substantial capacity to ____________________ • Brawner rule • Places responsibility for deciding insanity squarely with the _______

  42. Insanity • Guilty but mentally ill (GBMI) • Every statutory element necessary for a conviction has been proved beyond a reasonable doubt. • The defendant is found to have been ________ at the time the crime was committed. • The defendant was not found to have been ______ _________ at the time the crime was committed.

  43. Insanity • Other insanity defenses include: • _________________ • Insanity defense under Federal law • Diminished Capacity • Mental Incompetence • Consequences of an insanity ruling • Psychiatric treatment until cured • ___________ declare any potential criminal cured • Insanity under Federal Law – Insanity Defense Reform Act 1984

  44. Procedural Defenses • Procedural defense refers to: • Categories of procedural defense: A defense that claims that the defendant was in some significant way ________________ in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

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