Intro to cj ch 4 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 4: Criminal Law - Crimes and the Limits of Law



4.1

4.2

4.3

4.4

Describe how federal, state, and local criminal laws arecreated and changed.

Describe the limits of law.

List the elements of a crime and their role in criminalprosecution.

List and describe some of the major defenses againstcharges of criminal conduct.

Explain how crimes are classified and defined according to

the Model Penal Code.4.5

CHAPTER OUTCOMES



4.1Describe how federal, state, and local criminal laws are created and changed.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



How Laws are Created4.1

Reasons why laws are created



The Making of Laws4.1

Mala in SeActs that are crimes because they are inherently evil or harmful to society

Mala Prohibita

Acts that are prohibited because they are defined as

crimes by law

vs.



Sources of Federal Criminal Laws4.1

Executive Orders

Judicial Decisions Interpreting Code

U.S. Federal Criminal Codes

U.S. Constituti

on

InternationalTreaties



State and Local Laws4.1• One of the distinctions between federal

criminal laws and state criminal laws is the area of law known as common law, or unwritten law.

• Common law refers to unwritten, simply stated laws based on traditions and common understandings in a time when most people were illiterate.



Two Types of Local Criminal Laws4.1

Felony Serious criminal

conduct punishable by

incarceration for more than one

year

Misdemeanor

Less serious criminal conduct

punishable by incarceration for less than a year



4.2 Describe the limits of law.




The Limits of the Law4.2

While there are many reasons to argue whether a law is constitutional, seven common benchmarks were established by the U.S. Supreme Court to assess the legality of criminal laws:

1.Principle of Legality - The government cannot punish citizens for specific conduct if no specific laws exist forewarning them that the conduct is prohibited or required




2.Ex Post Facto Laws - Laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed




3.Due Process - Substantive due process limits the government's power to criminalize behavior unless there is a compelling reason for the public interest to do so. Procedural due process requires that the government follow standard procedures and treat all defendants equally.

3.Cruel and Unusual Punishment - An Eighth Amendment right based on the premise of classical criminology that punishment should be appropriate to the crime



The Limits of the Law4.25.Void for Overbreadth - The principle that laws go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal that cannot be upheld

6.Void for Vagueness - The principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld

7.Right to Privacy - The principle that laws that violate personal privacy cannot be upheld



4.3 List the elements of a crime and their role in criminal prosecution.




Elements of a Crime4.3

Actus reus:The actions

of a person

Mens rea: State of mind

or intent



Elements of Crimes and Their Role4.3

• Strict liability crimes are actions that are considered criminal without the need for criminal intent.

• Crimes that go beyond mere thought but do not result in completed crimes are called incomplete crimes, or inchoate offenses, and are subject to punishment.



Elements of Crimes and Their Role4.3

• Solicitation is the urging, requesting, or commanding of another to commit a crime.

• Conspiracy is the planning by two or more people to commit a crime.

• Attempt is an incomplete criminal act, the closest act to the completion of a crime.



4.4List and describe some of the major

defenses against charges of criminal conduct.




Perfect vs. Imperfect Defense4.4

Perfect Defense

Person is excused from all criminal

liability and punishment

Imperfect Defense

The person's liability or punishment is

reduced

vs.



Criminal Defenses4.4

The most common defenses include the following:



Criminal Defenses4.4• The use of an alibi as a defense requires that the

defendant present witnesses who will give testimony in court or other evidence establishing the fact that the defendant could not have committed the offense.

• Consent or Condoning by the Victim claims that the victim gave permission for the act or condoned the act is not a valid defense for some criminal actions.



Criminal Defenses4.4

If agents of the government provide both the mens rea and the means to commit the crime, the U.S. Supreme Court has ruled that the defendant may be defended on the grounds of entrapment or outrageous government conduct.



Immunity – Special Protection Against Prosecution4.4

Diplomatic Immunity

Legislative Immunity

Witness Immunity Privilege

Grants foreign diplomats complete

immunity from any criminalprosecution,

including murder and

traffic violations.

Federal andstate

lawmakers receive some

form of immunity from arrest while the legislature is in

session.

In exchange for cooperating

with a government

investigation or prosecution, he

or she is granted

immunity based on the offered testimony or cooperation.

The defense of privilege is the claim that the

defendantviolated the law but is immune

from punishment

because of his or her official office or duty.



Involuntary Actions and Duress4.4

• Involuntary action is a claim by a person that the action or behavior was not voluntary (that is, was not committed of his or her own free will).

• Similar to the involuntary defense is the defense of duress, in which the person claims that he or she did not commit the actions of his or her own free will.



Mistake or Ignorance of Fact or Law4.4• Mistake or ignorance of fact is an affirmative

legal defense in which the defendant made a mistake that does not meet the requirement for mens rea.

• Mistake or ignorance of the law should not be confused with factual impossibility. Factual impossibility is when it is not possible for the person to commit the crime intended.



More Criminal Defenses4.4

• Necessity is an affirmative legal defense claiming that the defendant committed an act out of need, not mens rea.

• Self-defense is an affirmative legal defense in which a defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home.



More Criminal Defenses4.4

• Youth – Under the age of 7, a child cannot be charged criminally because they could not form mens rea.

• Insanity - A legal claim by a defendant that he or she was suffering from a disease or mental defect and that the defect caused the defendant not to understand the difference between right and wrong.



4.5Explain how crimes are classified and defined according to the Model Penal Code.




The Model Penal Code4.5

Crimes Against

theState

Crimes Against Persons

Crimes AgainstHabitati

on

CrimesAgainst Property



Crimes Against the State4.5

TerrorismSeditionEspionageTreason



Crimes Against the Person4.5

• Murder - All intentional killings and deaths that occur in the course of aggravated felonies.

• Manslaughter is the killing of another without malice—that is, without the specific intent to kill.

• Rape or sexual assault is nonconsensual sexual acts.

• Kidnapping is the taking away of a person by force against his or her will and holding that person in false imprisonment.



Crimes Against the Person4.5

• Robbery is the taking and carrying away of property from a person by force or threat of immediate use of force.

• Assault and Battery - Assault is defined as the act of inflicting injury on another, whereas battery is the act of unlawfully striking another.



Crimes Against Habitation4.5

BurglaryThe modern offense of

burglary combinestwo less serious crimes—trespass and intent to commit a crime—into a serious felony crime.

ArsonArson is the willful and malicious burning orattempted burning of

any structure, including one's own.



Crimes Against Property4.5

Fraud

EmbezzlementLarcenyTheft

ReceivingStolen

PropertyForgery



Federal criminal laws must be initiated as bills in the Senate or House of Representatives. The process for

state criminal laws is similar, except the governor plays the role of the president. City councils and

county governments create local criminal laws, of which most are misdemeanors or violations, in

diverse ways.

Seven common benchmarks were established by the U.S. Supreme Court to define the legality of criminal laws: (1) principle of legality, (2) ex post facto laws, (3) due process, (4) void for vagueness, (5) right to privacy, (6) void for overbreadth, and (7) cruel and

unusual punishment.

4.1

4.2

CHAPTER SUMMARY



The most common defenses against criminal charges include (1) alibi, (2) consent or condoning by the victim, (3) entrapment or outrageous government conduct, (4) immunity or privilege, (5) involuntary

actions and duress, (6) mistake or ignorance of fact of law, (7) necessity, (8) self-defense, (9) youth, and

(10) insanity.

4.4

CHAPTER SUMMARY

The elements of a crime that must be present for prosecution are actus reus, in which a person

voluntarily committed a criminal act, and mens rea, in which a person committed a crime with the intent to do so. Strict liability crimes are actions that are considered criminal without the need to prove the mens rea. Inchoate offenses, known as incomplete

crimes, are subject to punishment.

4.3



The Model Penal Code is a set of guidelines that are considered the best practices for legal codes. The

categories found within the Model Penal Code include (1) Crimes against the State, which includes treason, espionage, and sedition; (2) Crimes against

Persons, which includes murder, rape (or sexual assault), kidnapping, robbery, and assault and battery; (3) Crimes against Habitation, which

includes burglary and arson; and (4) Crimes against Property, which includes theft, larceny,

embezzlement, receiving stolen property, false pretenses, forgery, and uttering.

4.5

CHAPTER SUMMARY