Criminal Law Criminal Law

Chapter 1Chapter 1

Nature, Origins, and Purposes Nature, Origins, and Purposes of Criminal Lawof Criminal Law

Chapter ObjectivesChapter Objectives

1.1. Know the basic definition of lawKnow the basic definition of law

2.2. What distinguishes criminal law from What distinguishes criminal law from other lawother law

3.3. Define “common law”Define “common law”

4.4. State the principle of “legality”State the principle of “legality”

5.5. Know what the “Model Penal Code” isKnow what the “Model Penal Code” is

6.6. Know the principle purpose of Know the principle purpose of criminal lawcriminal law

Chapter Objectives Cont..Chapter Objectives Cont..

7.7. Know the 2 justifying theories of Know the 2 justifying theories of punishment that underlie modern punishment that underlie modern criminal lawcriminal law

8.8. Define punishment in the criminal Define punishment in the criminal justice systemjustice system

Basic Sources of LawBasic Sources of Law

Law is derived from several sourcesLaw is derived from several sources Federal, State, and local enactments by Federal, State, and local enactments by

legislative bodieslegislative bodies Known decisions of the courts of federal Known decisions of the courts of federal

and state governmentsand state governments Rules and regulations proclaimed by Rules and regulations proclaimed by

government bodies. Example EPA, EPD, government bodies. Example EPA, EPD, Food and Drug Administration, Food and Drug Administration, Securities Exchange CommissionSecurities Exchange Commission

Law DefinedLaw Defined

A rule of conduct or procedure A rule of conduct or procedure established by established by custom,custom, agreement agreement or or authorityauthority Examples would be that 1) We marry Examples would be that 1) We marry

one person in society (one person in society (customcustom) 2) Ga ) 2) Ga and South Carolina recognize each and South Carolina recognize each other’s drivers licenses (other’s drivers licenses (agreementagreement) 3) ) 3) We must have a driver’s license to We must have a driver’s license to operate a vehicle on the road (operate a vehicle on the road (authorityauthority))

Black’s Law DictionaryBlack’s Law Dictionary

Law is defined as “That which is laid Law is defined as “That which is laid down, ordained, or established.down, ordained, or established. Generally the law could consist of Generally the law could consist of a culture’s moral code,a culture’s moral code, the commandments of a religion, the commandments of a religion, and the regulations enacted by a and the regulations enacted by a

political bodypolitical body

Conflict of LawConflict of Law

Citizens look at religious and moral values Citizens look at religious and moral values and they also look at rules created by the and they also look at rules created by the governmentgovernment

Citizens disagree with what behavior Citizens disagree with what behavior should be regulated by the governmentshould be regulated by the government Abortion some same as murder and others say Abortion some same as murder and others say

it is okit is ok Physician assisted suicidePhysician assisted suicide The use of Reproductive technologyThe use of Reproductive technology Gambling, prostitution, and drug useGambling, prostitution, and drug use

Conflict of Law ContinuedConflict of Law Continued

Colorado allows possession of up to Colorado allows possession of up to one ounce of marijuana in the city one ounce of marijuana in the city limits of Denver and other states limits of Denver and other states have a zero tolerancehave a zero tolerance

Georgia has a lottery system Georgia has a lottery system (gambling) whereas other states do (gambling) whereas other states do notnot

Conflict of LawConflict of Law In the American In the American

Colonies witchcraft was Colonies witchcraft was punishable by death punishable by death under British Law.under British Law.

This was derived from This was derived from the old church the old church persecutions of people persecutions of people who practiced beliefs who practiced beliefs other that Christianityother that Christianity

In Salem Mass 19 In Salem Mass 19 women and one man women and one man was hanged as witches was hanged as witches in 1692in 1692

Development of Written LawsDevelopment of Written Laws

Man has sought Man has sought over the years to over the years to minimize turmoil minimize turmoil and chaos in society and chaos in society by imposing rules in by imposing rules in which to live. which to live.

The timeframe has The timeframe has been from the kings been from the kings and conquerors to and conquerors to the US Constitutionthe US Constitution

Dead Sea Scrolls

US Constitution

Origination of Ancient LawsOrigination of Ancient Laws 1st known written laws 1st known written laws

were found on clay were found on clay tablets in Ur in Sumeria tablets in Ur in Sumeria 5000 years ago5000 years ago

King Hammurabi ruled King Hammurabi ruled Babylonia from 1792 to Babylonia from 1792 to 1750 and developed 1750 and developed the code of Hammurabi the code of Hammurabi which consisted of 282 which consisted of 282 laws that dealt with laws that dealt with marriage, divorce, marriage, divorce, debt, wages and debt, wages and slavery.slavery.

The laws were carved The laws were carved on an 8 foot monumenton an 8 foot monument

Emergence of English and Emergence of English and American Common LawAmerican Common Law

Every Ancient Nation Every Ancient Nation developed formal legal developed formal legal codescodes

The American legal system The American legal system derives primarily from that derives primarily from that of Englandof England

Before the Norman conquest Before the Norman conquest the church in England the church in England played a major role in played a major role in administering the lawadministering the law William the Conqueror William the Conqueror

established a court with established a court with judges who traveled judges who traveled throughout the kingdom throughout the kingdom once every 7 years to hear once every 7 years to hear cases as representatives of cases as representatives of the Kingthe King

Common LawCommon Law The decisions of the traveling judges The decisions of the traveling judges

formed a large part of England’s formed a large part of England’s common common lawlaw

Common law Common law is law that is created by is law that is created by Judicial Opinion which has set precedents Judicial Opinion which has set precedents that are still followed today.that are still followed today.

Common law Common law was developed through was developed through interpretations and elaborations of the interpretations and elaborations of the concept of violence until crimes were concept of violence until crimes were recognized such as homicide, robbery, recognized such as homicide, robbery, arson, assaultarson, assault

In the 16In the 16thth Century Parliament began adding Century Parliament began adding specific crimes to the common law offensesspecific crimes to the common law offenses

Emergence of Modern Criminal Emergence of Modern Criminal LawLaw

Upon establishment of Upon establishment of the 13 original colonies the 13 original colonies they adopted England’s they adopted England’s common lawcommon law

As the county As the county developed the laws of developed the laws of the U.S. developed the U.S. developed separately from Englandseparately from England

Eventually statutory law Eventually statutory law replaced common law replaced common law as it was developed by as it was developed by the legislatures of the the legislatures of the state and federal state and federal governmentsgovernments

Criminal LawCriminal Law Verses Verses Civil LawCivil Law

Today we have Today we have criminal lawcriminal law violations called violations called “crimes”“crimes”

We also have a system of We also have a system of civil lawcivil law violations called violations called “torts”“torts”

Criminal Law is different from all Criminal Law is different from all other types of laws, and civil law as other types of laws, and civil law as well because criminal violations well because criminal violations create social harmcreate social harm

Example- Rape is wrong and harmfulExample- Rape is wrong and harmful

Civil LawCivil Law

Civil lawCivil law deals with deals with matters that are matters that are considered to be considered to be private concerns private concerns between individualsbetween individuals

Deals with personal Deals with personal injury, contracts, injury, contracts, property and property and administrative lawadministrative law

A civil violation is a A civil violation is a “tort”“tort”

Acts that Meet Criminal and Civil Acts that Meet Criminal and Civil DefinitionsDefinitions

If someone steals another person’s If someone steals another person’s property they can be charged with property they can be charged with an offense against the state (Ga an offense against the state (Ga Code OCGA 16-8-2) and punished Code OCGA 16-8-2) and punished with a fine or imprisonmentwith a fine or imprisonment

They can also be held accountable to They can also be held accountable to the individual and be required to pay the individual and be required to pay restitution under civil lawrestitution under civil law

Purpose of Criminal LawPurpose of Criminal Law The purpose of The purpose of criminal criminal

lawlaw is to prevent and is to prevent and control crimecontrol crime

We do this by punishing We do this by punishing individuals who violate individuals who violate criminal lawcriminal law

How do we decide what How do we decide what to criminalize and what to criminalize and what to decriminalize?to decriminalize? By what the majority By what the majority

thinks of as crimethinks of as crime Ex Rape, Robbery, Ex Rape, Robbery,

murder, assault, murder, assault, burglary, and theftburglary, and theft

Elements of a CrimeElements of a Crime

A crime has 5 Elements and a crime is A crime has 5 Elements and a crime is committed when all 5 elements are committed when all 5 elements are presentpresent

1.1. A willed unlawful act, the A willed unlawful act, the actus reusactus reus

2.2. A guilty mind, theA guilty mind, the mens rea. mens rea.

3.3. A concurrence of act and mental stateA concurrence of act and mental state

4.4. The occurrence of harm to a person, The occurrence of harm to a person, property, or societyproperty, or society

5.5. A causal relationship between the act and A causal relationship between the act and the harmthe harm

Statutory Criminal LawStatutory Criminal Law

All 50 states and the All 50 states and the federal government federal government have their own separate have their own separate set of set of criminal statuescriminal statues

No state is bound by the No state is bound by the criminal laws of another criminal laws of another statestate

Federal Criminal Law Federal Criminal Law has expanded to has expanded to situations where situations where Federal Jurisdiction Federal Jurisdiction Extends. Ex Michael Extends. Ex Michael VickVick

Overlapping JurisdictionsOverlapping Jurisdictions

Michael Vick plead Michael Vick plead guilty to dog fighting guilty to dog fighting charges in Virginia after charges in Virginia after a Federal Indictment a Federal Indictment was handed downwas handed down

The State of Virginia is The State of Virginia is now pursuing the now pursuing the matter as wellmatter as well

He transported dogs He transported dogs across state lines for across state lines for the purpose of fighting the purpose of fighting themthem

The Principle of LegalityThe Principle of Legality

LegalityLegality is the principle that no one can is the principle that no one can be punished for an act that was not be punished for an act that was not defined as criminal before the person did defined as criminal before the person did the actthe act This means there is no crime if there is no This means there is no crime if there is no

law and no punishment if there is no crimelaw and no punishment if there is no crime We want criminal statutes to be understandable We want criminal statutes to be understandable

and reasonable to law-abiding peopleand reasonable to law-abiding people Statues should be drawn so as not to leave basic Statues should be drawn so as not to leave basic

policy matters up to policemen, judges, and juriespolicy matters up to policemen, judges, and juries Vague statutes should be biased in favor of the Vague statutes should be biased in favor of the

defendantdefendant

DaytimeDaytime VS VS NighttimeNighttime Burglary Burglary Most states have Most states have

abolished common abolished common law crimes but the law crimes but the statues themselves statues themselves have vague or general have vague or general language which leaves language which leaves it to interpretation by it to interpretation by the courtsthe courts

Nighttime burglary is Nighttime burglary is a more serious offense a more serious offense but ”nighttime” was but ”nighttime” was not defined in many not defined in many statues requiring the statues requiring the courts to decidecourts to decide

Development of the Model Penal Development of the Model Penal CodeCode

The American Law Institute which was an The American Law Institute which was an organization of judges, lawyers, and legal organization of judges, lawyers, and legal scholars was founded in 1923 because of scholars was founded in 1923 because of the dissatisfaction with the criminal lawthe dissatisfaction with the criminal law

In 1931 a proposal for a model code was In 1931 a proposal for a model code was presented but the depression prevented presented but the depression prevented funding of the projectfunding of the project

In 1950 the Rockefeller Foundation In 1950 the Rockefeller Foundation donated money and the project was donated money and the project was rekindled and completed in 1962 after 13 rekindled and completed in 1962 after 13 draftsdrafts

Model Penal CodeModel Penal Code The MPC is a The MPC is a

comprehensive comprehensive recodification of the recodification of the principles of principles of responsibilityresponsibility

The drafters relied on The drafters relied on existing sources of existing sources of criminal law, codes, criminal law, codes, judicial opinion, and judicial opinion, and scholarly inputscholarly input

A majority of the states A majority of the states have revised their have revised their criminal codes as a criminal codes as a result of the MPC result of the MPC

Growth of Federal Criminal LawGrowth of Federal Criminal Law Prior to the civil war Prior to the civil war

there was very little there was very little Federal Criminal LawFederal Criminal Law

Punishment was left Punishment was left mostly to the statesmostly to the states

Since the Civil War Since the Civil War Congress has enacted Congress has enacted laws from civil rights, laws from civil rights, use of the mail, use of the mail, commerce, narcotics, commerce, narcotics, extortion, interstate extortion, interstate travel for illegal travel for illegal activities, and activities, and organized crimeorganized crime

Punishment in the SystemPunishment in the System

If criminal law is violated then a If criminal law is violated then a punishment is imposed punishment is imposed

PunishmentPunishment is not handed out solely is not handed out solely by the criminal justice systemby the criminal justice system Parents, teachers, religious leaders, and Parents, teachers, religious leaders, and

others punish their children, students, others punish their children, students, and parishionersand parishioners

PunishmentPunishment is usually in the form of is usually in the form of inflicted pain or something unpleasantinflicted pain or something unpleasant

Punishment in the SystemPunishment in the System

Criminal law depends Criminal law depends on the threat of on the threat of punishment to define punishment to define it. Exampleit. Example

Misdemeanors- Up to Misdemeanors- Up to 1 yr confinement1 yr confinement

Felonies-Not less that Felonies-Not less that one nor more than 5 one nor more than 5 years confinementyears confinement

Premeditated Murder- Premeditated Murder- Penalty is deathPenalty is death

Retributive TheoryRetributive Theory

The retributive The retributive theory is that a theory is that a wrongdoer wrongdoer deserves deserves punishment and is punishment and is expressed in the expressed in the term “Just term “Just Desserts”Desserts”

Wooden wedges driven between the toes in ancient times

General DeterrenceGeneral Deterrence

General DeterrenceGeneral Deterrence is the effect that the is the effect that the punishment of the offender will have in punishment of the offender will have in causing other people in the community to causing other people in the community to refrain from committing the same crimerefrain from committing the same crime

Individual DeterrenceIndividual Deterrence Individual DeterrenceIndividual Deterrence

is the effect that the is the effect that the imposition of imposition of punishment upon the punishment upon the wrongdoer will have in wrongdoer will have in causing him her to causing him her to refrain from repeating refrain from repeating the act.the act.

To effect this the To effect this the punishment must be punishment must be severe enough to severe enough to outweigh the benefits outweigh the benefits gained from gained from committing the crime committing the crime The whiriligig was spun until

you threw up

IncapacitationIncapacitation

Incapacitation is the Incapacitation is the removal or removal or restriction of restriction of freedom of those freedom of those who have violated who have violated criminal laws.criminal laws.

The primary means The primary means is imprisonmentis imprisonment

We now have 3 We now have 3 strike laws for those strike laws for those convicted of serious convicted of serious crimes three timescrimes three times

ReformReform

ReformReform consists of consists of rehabilitative rehabilitative therapy and therapy and educationeducation

In recent years this In recent years this type of treatment type of treatment has fallen out of has fallen out of favor with societyfavor with society

VengeanceVengeance

Vengeance Vengeance is the is the imposition of the imposition of the punishment in the punishment in the context of an context of an “eye “eye for an eye”for an eye”

VengeanceVengeance satisfies satisfies the victim, their the victim, their families and friends.families and friends.

It makes It makes punishment a punishment a worthwhile causeworthwhile cause

ClosingClosing

During the 1970’s American reacted During the 1970’s American reacted against rehabilitationagainst rehabilitation

The prison system has seemed to The prison system has seemed to produce more hardened criminals produce more hardened criminals than reformed onesthan reformed ones

Penalties are set to the seriousness Penalties are set to the seriousness of the offense without broad of the offense without broad discretion such as mandatory discretion such as mandatory sentencing, and sentencing sentencing, and sentencing according to guidelinesaccording to guidelines

The EndThe EndThe End

The EndThe End