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Criminal Justice a Brief Introduction 10th Edition Chapter 3

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  1. 1. Criminal JusticeCriminal Justice A Brief IntroductionA Brief Introduction CHAPTER Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger ELEVENTH EDITION Criminal Law 3
  2. 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Nature and Purpose of LawThe Nature and Purpose of Law • Law  A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior continued on next slide
  3. 3. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Nature and Purpose of LawThe Nature and Purpose of Law • Statutory law  The written or codified law; the "law on the books," as enacted by a government body or agency having the power to make laws continued on next slide
  4. 4. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Nature and Purpose of LawThe Nature and Purpose of Law • Penal code  The written, organized, and compiled form of the criminal laws of a jurisdiction continued on next slide
  5. 5. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Nature and Purpose of LawThe Nature and Purpose of Law • Case law  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 continued on next slide
  6. 6. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Nature and Purpose of LawThe Nature and Purpose of Law • Common law  The body of law originating from usage and custom rather than from written statutes • The term refers to an unwritten body of judicial opinion, originally developed by English courts.
  7. 7. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Rule of LawThe Rule of Law • Rule of law  The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members • Sometimes referred to as the supremacy of law • Has been called the greatest political achievement of our culture continued on next slide
  8. 8. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Rule of LawThe Rule of Law • Rule of law  The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members • Also been called "the foundation of liberties in the Western world" continued on next slide
  9. 9. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Rule of LawThe Rule of Law • ABA notes that the rule of law includes these elements:  Freedom from private lawlessness  A relatively high degree of objectivity in the formulation of legal norms  Substantive and procedural limitations on governmental power continued on next slide
  10. 10. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Rule of LawThe Rule of Law • Jurisprudence  The philosophy of law or the science and study of the law, including the rule of law
  11. 11. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Criminal law  The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society • Also called penal law continued on next slide
  12. 12. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Substantive law  The part of the law that defines crimes and specifies punishments • For example • murder, rape, robbery, and assault continued on next slide
  13. 13. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Procedural law  The part of the law that specifies the methods to be used in enforcing substantive law • Civil law  The branch of modern law that governs relationships between parties  Contracts, divorces, child support and custody, property transfers continued on next slide
  14. 14. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Tort  A wrongful act, damage, or injury not involving a breach of contract • Also a private or civil wrong or injury • Not a crime continued on next slide
  15. 15. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Parties to a civil suit  Plaintiff • Who seeks relief  Defendant • Against whom relief is sought continued on next slide
  16. 16. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Administrative law  The body of regulations that governments create to control the activities of industries, businesses, and individuals • Tax laws, health codes, vehicle registration laws continued on next slide
  17. 17. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Precedent  A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases continued on next slide
  18. 18. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of LawTypes of Law • Stare decisis  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
  19. 19. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Felony  A criminal offense punishable by death or by incarceration in a prison facility for at least one year continued on next slide
  20. 20. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Misdemeanor  An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less continued on next slide
  21. 21. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Offenses  Refers to minor violations of the law that are less serious than misdemeanors • Infractions continued on next slide
  22. 22. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Treason  A U. S. citizen's actions to help a foreign government overthrow, make war against, or seriously injure the United States • The attempt to overthrow the government of the society of which one is a member continued on next slide
  23. 23. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Espionage  The "gathering, transmitting, or losing" of information related to the national defense in a manner that the information becomes available to enemies of the United States continued on next slide
  24. 24. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Categories of CrimeGeneral Categories of Crime • Inchoate offenses  An offense not yet completed  An offense that consists of an action or conduct that is a step toward the intended commission of another offense
  25. 25. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • The criminal act (Actus Reus)  A guilty act  To be something is not a crime; to do something may be.  Threatening to act can be a criminal offense.  Conspiracies are another criminal act. continued on next slide
  26. 26. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • A guilty mind (Mens Rea)  The state of mind that accompanies a criminal act continued on next slide
  27. 27. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • Types or levels of mens rea  Purposeful (or intentional)  Knowing  Reckless  Negligent continued on next slide
  28. 28. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger FIGURE 3-3 Features of a Crime Source: Frank A. Schmalleger, Daniel E. Hall, and John J. Dolatowski, Criminal Law Today, 4th ed. (Upper Saddle River, NJ, 2010), p. 46. Reprinted by permission of Pearson-Education, Inc., Upper Saddle River, NJ.
  29. 29. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • Reckless behavior  An activity that increases the risk of harm • Criminal negligence  A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences continued on next slide
  30. 30. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • Motive  A person's reason for committing a crime • Mens rea must generally be inferred from a person's actions and from all circumstances. continued on next slide
  31. 31. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger General Features of CrimeGeneral Features of Crime • Strict liability  A liability without fault or intention • Does not require mens rea • Also called absolute liability offenses • Concurrence  The coexistence of (1) an act in violation of the law, and (2) a culpable mental state
  32. 32. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Other Features of CrimeOther Features of Crime • Causation  Refers to the fact that the concurrence of a guilty mind and a criminal act may cause harm • Must be demonstrated in court in order to hold an individual criminally liable for causing harm • Harm  Not all harms are crimes continued on next slide
  33. 33. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Other Features of CrimeOther Features of Crime • Legality  Highlights the fact that a behavior cannot be criminal if no law exists that defines it as such  Includes the notion of ex post facto laws • Latin for "after the fact" • Laws are binding only from the date of their creation. continued on next slide
  34. 34. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Other Features of CrimeOther Features of Crime • Punishment  No crime can be said to occur where punishment has not been specified in the law. continued on next slide
  35. 35. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Other Features of CrimeOther Features of Crime • Necessary attendant circumstances  Includes such things as time and place  May be classified as aggravating or mitigating circumstances  Aggravating and mitigating circumstances are not elements of an offense.
  36. 36. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Elements of a Specific CriminalElements of a Specific Criminal OffenseOffense • Element  In a specific crime, one of the essential features of that crime, as specified by law or statute continued on next slide
  37. 37. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Elements of a Specific CriminalElements of a Specific Criminal OffenseOffense • The corpus delicti of a crime  Literally means "the body of the crime" • The facts that show that a crime has occurred. • Two aspects to the corpus delicti of an offense: • A certain result has been produced. • A person is criminally responsible for its production.
  38. 38. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger FIGURE 3-4 Body of Crime Source: Frank A. Schmalleger, Daniel E. Hall, and John J. Dolatowski, Criminal Law Today, 4th ed. (Upper Saddle River, NJ: Pearson Education, 2010), p. 61. Reprinted by permission of Pearson Education, Inc., Upper Saddle River, NJ.
  39. 39. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Alibi  A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed;  The defendant could not have committed the crime. continued on next slide
  40. 40. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Justifications  Admits to committing the act but claims that it was necessary to avoid some greater evil continued on next slide
  41. 41. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Defense of others  Alter ego rule • A person can only defend a third party under circumstances, and only to the degree that the third party could legally act on his or her own behalf. • Defense of home and property continued on next slide
  42. 42. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Necessity  The claim that some illegal action was needed to prevent an even greater harm, is a useful defense in cases that do not involve serious bodily harm. continued on next slide
  43. 43. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Consent  Whatever harm was done occurred only after the injured person gave his or her permission for the behavior in question • Resisting unlawful arrest  Such laws generally say that a person may use a reasonable amount of force, other than deadly force, to resist arrest or an unlawful search. continued on next slide
  44. 44. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Excuses  Duress (sometimes also called coercion), Age, Mistake, Involuntary intoxication, Unconsciousness, Provocation, Insanity continued on next slide
  45. 45. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • The M'Naghten Rule  A rule for determining insanity that asks whether the defendant knew what he or she was doing, and whether the defendant knew that what he or she was doing was wrong • Irresistible rule • The Durham Rule • The Substantial-Capacity Test continued on next slide
  46. 46. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Guilty but mentally ill verdict  A verdict, equivalent to a finding of "guilty" that establishes that the defendant, although mentally ill, was in sufficient possession of his or her faculties to be morally blameworthy for his or her acts continued on next slide
  47. 47. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • The insanity defense under federal law • The consequences of an insanity ruling • Diminished capacity  A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes continued on next slide
  48. 48. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Types of Defenses to a CriminalTypes of Defenses to a Criminal ChargeCharge • Mental incompetence  Incompetent to stand trial • A finding by the court that, as a result of mental illness, a defendant is incapable of understanding the nature of the charges and proceedings against him or her, of consulting with an attorney, and of aiding in his or her own defense
  49. 49. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Procedural DefensesProcedural Defenses • Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process.  Entrapment • An improper or illegal inducement to crime by agents of law enforcement continued on next slide
  50. 50. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Procedural DefensesProcedural Defenses • Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process.  Double jeopardy • A common law and constitutional prohibition against a second trial for the same offense continued on next slide
  51. 51. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Procedural DefensesProcedural Defenses • Collateral estoppel • Selective prosecution  Fourteenth Amendment guarantee of equal protection of the laws continued on next slide
  52. 52. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Procedural DefensesProcedural Defenses • Denial of a speedy trial  Sixth Amendment right to a speedy trial • Prosecutorial misconduct • Police fraud

Criminal Justice a Brief Introduction 10th Edition Chapter 3

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