Learning Objective 1 List the four written sources of

American criminal law

Written Sources of American Criminal Law① Constitutional Law

The law as expressed in the U.S. Constitution and the various state constitutions

The U.S. Constitution is the supreme law of the land State constitutions are supreme within state borders to

the extent that they do not violate the U.S. Constitution or federal law

② Statutory Law Laws or ordinances created by federal, state and local

legislatures and governing bodies None of these laws can violate the U.S. Constitution or

the relevant state constitution Uniform laws, when adopted by a state legislature

become statutory law in that state

Written Sources of American Criminal Law Administrative Law

The rules, orders, and decisions of federal or state government administrative agencies

Federal administrative agencies are created by enabling legislation enacted by the U.S. Congress

Agency functions include rule making, investigation, enforcement, and adjudication

Case Law and Common Law Doctrines Judge-made law including interpretations of

constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies

Common law – doctrines and principles embodied in case law – governs all areas not covered by statutory law

Learning Objective 2 Explain the two basic functions of

criminal law

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

Learning Objective 3 Discuss the primary goals of civil law

and criminal law, and explain how these goals are realized

Classification of Crimes

Felony Crimes Crimes punishable by

death or imprisonment for one year or longer

Graded by level of seriousness Capital 1st degree 2nd degree 3rd degree

Misdemeanor Crimes Crimes punishable by

fines or by confinement for up to one year

Graded by level of seriousness Gross misdemeanor Petty misdemeanor Infractions

Learning Objective 4 Explain the differences between

crimes mala in se and mala prohibita

Mala In Se and Mala Prohibita Mala in se

Acts that are inherently wrong, regardless of whether they are prohibited by law Examples:

Murder Sexual Assault

Mala prohibita Acts that are made illegal by criminal statute and

are not necessarily inherently wrong Examples:

Prostitution Bigamy

The Elements of a Crime Actus reus

Criminal Act Crimes may be acts of commission, or acts of

omission, or even attempted acts

Corpus Delicti The body of the crime

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

Learning Objective 5 Delineate the elements required to

establish mens rea

Focus QuestionRead the caption under the photograph on page 75, explain why you think Dr. Murray was convicted of involuntary manslaughter as opposed to murder or voluntary manslaughter?

Murray's "callous disregard for Mr. Jackson's health and safety was shown throughout the trial from the manner in which he administered a number of dangerous drugs to Mr. Jackson without the appropriate medical equipment, precautions or personnel in place, and to the manner in which he left Mr. Jackson unattended," the opinion states.

Mental State: Mens Rea Mens Rea

A guilty mental state A wrongful mental state is as necessary as a

wrongful act in establishing guilt

Includes elements of purpose, knowledge, negligence, and recklessness

The Elements of a Crime 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

Concurrence There must be concurrence between the guilty act

and the guilty intent

The Elements of a Crime Causation

The criminal act must have caused the harm suffered

Attendant Circumstances Facts surrounding an event that must be proved

for the event to be considered a criminal act

Harm Damages resultant from the criminal act

Inchoate offenses are conduct deemed criminal without actual harm being done

Robert, 82, fatally shot his wife (Peggy), 76, while she slept. They were married for 52 years. Several months prior to the incident, Peggy had surgery for colon cancer. She lost 50 lbs., was incontinent, and suffered from Alzheimer's. Doctors gave her a year to live. Before her health failed, Peggy was a vibrant women but had become depressed and pleaded with him that she didn’t want to live that way. Robert was arrested for 2nd degree murder, but plead guilty to manslaughter. This is a clear example of mercy killing, which occurs about 2,500 times annually and is increasing. Should this be a crime? If yes, what is an appropriate

punishment? If no, what are the implications of legalizing mercy killings?

One of the elements of crime is harm. What is the harm in mercy killing?

Learning Objective 6 List and briefly define the most

important excuse defenses for crimes

Defenses Under Criminal Law

Excuse Defenses These defenses apply

when the actor lacks the requisite mental condition to form intent

Justification Defenses These defenses apply

when the defendant admits to the criminal act, but argues that the act was justified

.Focus Activity:

Read Figure 3.1 on page 79.

Do you agree with the Prosecutors decision to charge Maggie Jean Wortmon with second degree murder? Why or Why Not.

Write a well developed answer.

Remember, you could see this on the open notes test.

Defenses Under Criminal Law Intoxication

When the defendant claims that the taking of intoxicants rendered him/her unable to form the requisite intent to commit a criminal act

Mistake Mistake of fact

Rarely used as a defense strategy

Mistake of Law Can be used as an an excuse or allow for a lighter

sentence

Defenses Under Criminal Law Infancy

Youthful offenders cannot understand the consequences of their actions

Insanity A person cannot have a guilty the state of mind if

s/he Does not know his/her conduct was wrong or

criminal Does not perceive the consequences of his/her

conduct Can’t sufficiently control his/her conduct Read Myth vs Reality, Answer the Critical Analysis.

The Insanity Defense: Tests to Establish Legal Insanity M’Naughten Rule

A person is insane if they can’t, at the time of the crime, distinguish right from wrong

ALI/MPC 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

Learning Objective 7 Describe the four most important

justification criminal defenses

Defenses Under Criminal Law Necessity

Circumstances required the defendant to commit the act Exception: Murder

Entrapment The defendant claims (s)he was induced by police

to commit the act The act of inducing someone to commit a crime in

order to arrest them.

Defenses Under Criminal Law Duress

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

Self-Defense The legally recognized privilege to protect one’s

self or property A reasonable belief Duty to retreat v. stand your ground

Focus Question Read Question 3, page 93. Answer the question,

justify your answer. What other details might you need to be sure of your answer?

Involuntary Manslaughter: Was there any intent to kill?

Voluntary Manslaughter: was the intent to kill present? Was malice lacking? Was it a crime of passion?

A retired Texas firefighter was convicted of fatally shooting his unarmed neighbor during a dispute over a noisy party. Rodriguez was angry about the noise coming from Danaher's home, where the family was having a birthday party for Danaher's wife and daughter. Rodriguez went to the home and argued with Danaher. In a video he recorded that night, Rodriguez says, "my life is in danger now…these people are going to go try and kill me." He then said, "I'm standing my ground here," and shot Danaher. During the trial, defense claimed Rodriquez was within his rights under the “stand your ground law.” He faces life in prison. The prosecutor argued the “stand your ground law” was not applicable

because Rodriquez provoked the attack. Do you agree or disagree? Rodriquez’s reference to standing his ground is similar to the claim made

by George Zimmerman, a neighborhood watch volunteer who fatally shot an unarmed teenager in FL. What are some similarities and differences between these two cases?

Will these similarities/differences be helpful or hurtful to Zimmerman’s defense?

Protecting Civil Liberties Substantive Criminal Law:

Law that defines the acts that the government will punish

Procedural Criminal Law: Procedures, drawn from the Bill of Rights, designed

to protect the constitutional rights of individuals

The Bill of Rights Important Amendments for criminal proceedings:

4th Amendment Protection from unreasonable searches and seizures

5th Amendment Can’t be deprived of life, liberty or property without

“due process” 6th Amendment

Guarantees a speedy and public trial by a jury, the right to confront witnesses, and the right to counsel

8th Amendment Prohibits excessive bails, fines, and cruel/unusual

punishments 14th Amendment

Provides due process and equal protection of the laws

Johnny and Martin are in a bar drinking beer and talking. Sharon walks in and starts talking to Johnny. Martin gets jealous because he was engaged to be married to Sharon and they only recently broke up. Martin gets so mad that he starts to yell at Johnny. He then swings at Johnny and misses. Martin falls to the ground and passes out. Johnny gets so mad that he stabs Martin in the back and kills him.

If the above case would make it to court which party would be the plaintiff?

a. The bar owner b. Johnny c. Martin’s family d. Sharon

United States v. Jones - The Government obtained a search warrant to install a GPS tracking device on a vehicle registered to Jones’ wife. The warrant authorized installation in DC within 10 days of the issued date. The GPS was installed on the 11th day and while the vehicle was in MD. The Government tracked the vehicle for 28 days before indicting Jones on drug trafficking conspiracy charges. The trial judge suppressed the GPS data obtained while the vehicle was parked at Jones’ residence, but held that the remaining data was admissible because Jones’ had no reasonable expectation of privacy when the vehicle was on public streets. He was convicted, but appealed. The DC Circuit court reversed the lower courts ruling, concluding that the admission of the evidence obtained by the GPS violated the 4th Amendment. In Jan 2012, the Supreme Court affirmed the Circuit Court’s ruling. Do you agree with the Supreme Court’s decision? Is this justification for Jones to “get away” with his alleged criminal

activity? This case highlights some challenges law enforcement face in trying to

use new technologies in their police work. How can police continue to use these technologies without trampling on our procedural rights?

Learning Objective 8 Explain the importance of the due

process clause in the criminal justice system

Due Process Procedural Due Process

The constitutional requirement that the law must be carried out in a fair and orderly manner

Substantive Due Process The constitutional requirement that laws used in

accusing and convicting persons of crimes must be fair

Law may be broken down according to various classifications. Which of the following is not one of these classifications?

a. Civil law and criminal lawb. Felonies and misdemeanorsc. Mala in se and Mala prohibitad. Tort crimes and civil crimes