Inside Criminal Law. Written Sources of American Criminal Law American criminal law is codified, or written down and accessible to all. This allows.

Inside Criminal Law

Written Sources of American Criminal Law

American criminal law is codified, or written down and accessible to all.

This allows citizens to know which acts are illegal, and to understand the procedures used to determine an individual’s innocence or guilt.

Written sources of law are known as substantive law.

Written Sources of American Criminal Law

The U.S. Constitution and the various state constitutions

Statutes (or laws) and ordinances passed by Congress and state legislatures

Regulations, created by agencies such as the federal Food and Drug Administration

Case law (court decisions)

The Purposes of Criminal Law

Protect and Punish: the legal function of the law Maintain social order by protecting citizens from

criminal harm Includes harms to both individuals and society in

general

Maintain and Teach: the social function of the law Expressing public morality Teaching social boundaries

The Elements of a Crime

Criminal law normally requires that the corpus delicti (the body of the crime) be proved before a person can be convicted of wrongdoing

The Elements of a CrimeCorpus delicti consists of:

Criminal Act - Actus reusCrimes may be acts of commission, or acts of omission, or even attempted acts.

Mental State - Mens rea Intent is required to establish guilt of a crime. Intent

includes elements of purpose, knowledge, negligence, and recklessness.

Concurrance - The guilty act and the guilty intent must occur together.

The Elements of a Crime

Mens Rea plays a crucial role in differentiatingbetween varying degrees of criminal responsibility or criminal liability.

Strict Liability – offenses hold the defendant guilty even if intent to commit the offense is lacking

Accomplice Liability – Suspects can be charged for crimes they did not actually commit if it can be proven they acted as an accomplice

The Elements of a Crime

Corpus delicti also consists of:

Causation - The criminal act caused the harm suffered.

Attendant Circumstances – In certain crimes, accompanying circumstances are relevant to corpus delicti.

Harm – Damages resultant from the criminal act. Inchoate offenses are conduct deemed criminal without actual harm being done.

Defenses Under Criminal LawExcuse Defenses:

These defenses apply

When the actor lacks

the requisite mental

condition to form intent.

There are four excuse

defenses.

Justification Defenses:

These defenses apply

when the defendant

admits to the criminal

act, but argues that the

act was justified.

There are four

justification defenses.

Defenses Under Criminal LawExcuse Defenses: Infancy - Youthful offenders cannot understand

the consequences of their actions. Insanity- A person cannot have the state of mind

(intent) to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act.

Defenses Under Criminal Law

Insanity is determined by: M’Naughten Rule

A person is insane if they can’t distinguish right from wrong

ALI/MPC Test Also known as the substantial capacity test, the defendant

must lack the capacity to appreciate the wrongfulness of his/her conduct.

Irresistible Impulse Test A person is insane if some “irresistible impulse” resulting

from a mental deficiency drove him or her to commit the crime

Defenses Under Criminal LawExcuse Defenses:

Intoxication Voluntary and Involuntary

Mistake Mistake of Fact Mistake of Law

Defenses Under Criminal LawJustification Defenses: Duress

The defendant is threatened with seriously bodily harm, which induces him/her to commit the crime.

Self-Defense The defendant must protect him/herself from injury

by another. Duty to retreat? “Castle Doctrine” no duty to retreat if

in your home.

Defenses Under Criminal Law

Justification Defenses:

Necessity Circumstances required the defendant to commit the

act.

Entrapment The defendant claims s/he was induced by police to

commit the act. (Predisposed to commit the crime?)

Procedural SafeguardsSubstantive Criminal Law:

Law that defines the acts

that the government will

punish.

Procedural Criminal

Law:

Procedures, drawn

from the Bill of

Rights, that are

designed to protect

the constitutional

rights of individuals.

Procedural Safeguards

The Bill of Rights:

The first ten amendments to the U.S. Constitution are known as the Bill of Rights.

The Bill of Rights was adopted by the states in 1791. Since then, seventeen more amendments have been added

The Bill of Rights has served as the basis for procedural safeguards of the accused in the U.S.

Procedural Safeguards

Procedural safeguards in the U.S. Constitution include:

Fourth Amendment provides protection from unreasonable searches and seizures

Fifth Amendment requires that no one can be deprived of life, liberty, or property

without “due process of the law,” including protections against double jeopardy and individuals being required to be a witness against himself or herself

Procedural Safeguards

Sixth Amendment guarantees a speedy trial, a trial by jury, a public trial, the right

to confront witnesses, and the right to a lawyer at various stages of criminal proceedings

Eighth Amendment prohibits excessive bails, fines, and cruel and unusual

punishments

Fourteenth Amendment provides due process and equal protection of the laws

Procedural Safeguards Procedural due process

is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner

Substantive due process is a Constitutional requirement that laws used in accusing and convicting persons of crimes must be fair.