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Criminal Law And Criminal Procedure

Criminal Law And Criminal Procedure. Criminal Law. Does criminal law apply equally to all ? Should it apply equally to all? Should discretion play any role? How do we determine procedures?. Criminal Law. Criminal Law Defines crimes Dictates Punishments

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Criminal Law And Criminal Procedure

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  1. Criminal LawAndCriminal Procedure

  2. Criminal Law • Does criminal law apply equally to all ? • Should it apply equally to all? • Should discretion play any role? • How do we determine procedures?

  3. Criminal Law • Criminal Law • Defines crimes • Dictates Punishments • Controls Procedures to Process Criminal Offenders through the CJ System

  4. Criminal Law • Constitutional Criminal Procedure • Law that governs the judicial process • Rules of Criminal Procedure • Established in the US Constitution • Interpreted by the US Supreme Court

  5. Criminal Law • Substantive Criminal Law • Procedural Law

  6. Criminal Law • Are laws the same everywhere? • Everywhere in North America? • Everywhere in the US? • Everywhere in Virginia?

  7. Criminal Law • Individual Criminal Codes • Each State • The Federal Government

  8. Criminal Law • How and why do criminal laws vary?

  9. Criminal Law • Do criminal laws change? • Should they?

  10. Criminal Law • Historical Development of Criminal Law • Babylonian Code of Hammurabi (2000 B.C.) • Mosaic Code of the Israelites (1200 B.C.) • Twelve Roman Tablets • Justinian’s Corpus Juris (500 A.D.) • Napoleon I’s French Civil Code • Prior to 1000 A.D. crimes were personal wrongs. • Compensation was paid to the victim.

  11. Criminal Law • US Law Based on English Common Law • About 1200 A.D. Royal Judges • Circuit judges replaced local laws with national law • Serious offenses (murder, rape, arson, burglary) redefined from personal wrongs to offenses against the state

  12. Criminal Law • US Law Based on English Common Law • Case Law: Judicial decisions made by judges

  13. Criminal Law • What is Criminal Law? What is Civil Law?

  14. Criminal Law • Criminal Law Objective

  15. Criminal Law • Criminal Law Emphasis

  16. Criminal Law • Sources of Criminal Law • Case Law • Statutes • Administrative Rules

  17. Constitutional Law • The U.S. Constitution prohibits any criminal law that violates a person’s fair and equal treatment. • This is Substantive Due Process.

  18. Constitutional Law • Substantive Due Process in practice means • Before a law can be created, the state must show there is a compelling need to protect public safety or morals.

  19. Criminal Law Definitions • Felony • Misdemeanor

  20. Criminal Law Definitions • Civil Disabilities • Also, a felony conviction may bar a person from some employments

  21. Criminal Law Definitions • Delinquent Offenses • Status Offenses

  22. Criminal Law Definitions • What constitutes a crime? • Corpus Delicti: • Actus Reus: • Thought alone is not a crime • Conspiring and soliciting is a crime even if not carried out • Mens Rea: • Relationship of Mens Rea to Actus Reus:

  23. Criminal Law Definitions • Exception to State of Mind Requirement For an Offense to Be a Crime • Speeding • Serving liquor to a minor

  24. Criminal Responsibility • Mental state might excuse some acts that would otherwise be considered criminal. • Insanity (legal concept, not mental health term) • Incapable of forming criminal intent (Mens Rea) • Intoxication • Involuntary intoxicated by mistake or duress • Age • Unable to realize gravity of actions

  25. Criminal Responsibility • Ignorance of the Law

  26. Criminal Responsibility • Alcoholism: • Disease to treat or offense to punish? • Criminal Offenses or Social Problems? • Vagrancy • Gambling • Minor Sexual Violations • Drug Use

  27. Constitutional Criminal Procedure • The Bill of Rights—10 Amendments, 1791 • Purpose: • Initially applied only to federal government • Did not apply to state or local government

  28. The Bill Of Rights • Primary Concern for Criminal Procedures • Fourth Amendment • Fifth Amendment • Sixth Amendment • Eighth Amendment • Fourteenth Amendment

  29. The Bill Of Rights • Fourth Amendment • Right To Privacy • Search and Seizure • Racial Profiling • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall ensue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

  30. The Bill Of Rights • Fifth Amendment • Protection Against Self-Incrimination • Protection Against Double Jeopardy • “No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice out in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

  31. The Bill Of Rights • Sixth Amendment • Representation By Attorney • Speedy Trial—Jury • Hear Evidence • Confront Adverse Witnesses • Present Own Witnesses • “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed ofthe nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.”

  32. The Bill Of Rights • Eighth Amendment • Cruel and Unusual Punishments • Excessive Bail • Excessive Fines • “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

  33. The Bill Of Rights • Fourteenth Amendment • Due Process Rights • Equal Protection Under The Law • Applies Bill of Right Protection to the States • “All persons born or naturalized in the United States, and subject to the jurisdictions thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny any person within its jurisdiction the equal protection of the law.”

  34. The Bill Of Rights • What is Due Process?

  35. The Bill Of Rights • Incorporation Theory • View that all provisions of the Bill of Rights are incorporated into the Fourteenth Amendment’s due process clause and are therefore binding on the states.

  36. The Future Of Criminal Law • The Supreme Court • Continues to hand down conservative opinions favoring state law enforcement over criminal defendants. • Some recent decisions indicate Supreme Court shift toward a moderate course of decisions.

  37. Systems Theory • External Influences Affect The CJ system. • Technology • Politics Fiscal Restraints • Legal Changes • Public Sentiment

  38. End Quiz #2 Material

  39. Break • Read assignments. • Participate in class discussions. • Review notes weekly.

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