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Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
ELEVENTH EDITION
Criminal Law
3
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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.
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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"
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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 transferscontinued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Types of LawTypes of Law
• Parties to a civil suit Plaintiff• Who seeks relief
Defendant• Against whom relief is sought
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Types of LawTypes of Law
• Precedent A legal principle that ensures that
previous judicial decisions are authoritatively considered and incorporated into future cases
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Criminal Justice: A Brief Introduction, 11eFrank 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
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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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
General Categories of CrimeGeneral Categories of Crime
• Offenses Refers to minor violations of the law that
are less serious than misdemeanors• Infractions
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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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.
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General Features of CrimeGeneral Features of Crime
• A guilty mind (Mens Rea) The state of mind that accompanies a
criminal act
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General Features of CrimeGeneral Features of Crime
• Types or levels of mens rea Purposeful (or intentional) Knowing Reckless Negligent
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FIGURE 3-3 Features of a CrimeSource: 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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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.
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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Criminal Justice: A Brief Introduction, 11eFrank 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.
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Criminal Justice: A Brief Introduction, 11eFrank 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.
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Criminal Justice: A Brief Introduction, 11eFrank 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.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Elements of a Specific Criminal Elements of a Specific Criminal OffenseOffense
• Element In a specific crime, one of the essential
features of that crime, as specified by law or statute
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Elements of a Specific Criminal Elements 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.
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FIGURE 3-4 Body of CrimeSource: 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.
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Types of Defenses to a Criminal Types 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.
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Types of Defenses to a Criminal Types of Defenses to a Criminal ChargeCharge
• Justifications Admits to committing the act but claims
that it was necessary to avoid some greater evil
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Types of Defenses to a Criminal Types 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
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Types of Defenses to a Criminal Types 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.
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Types of Defenses to a Criminal Types 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.
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Types of Defenses to a Criminal Types of Defenses to a Criminal ChargeCharge
• Excuses Duress (sometimes also called
coercion), Age, Mistake, Involuntary intoxication, Unconsciousness, Provocation, Insanity
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Types of Defenses to a Criminal Types 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
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Types of Defenses to a Criminal Types 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
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Types of Defenses to a Criminal Types 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
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Types of Defenses to a Criminal Types 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
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Criminal Justice: A Brief Introduction, 11eFrank 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
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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
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Procedural DefensesProcedural Defenses
• Collateral estoppel• Selective prosecution
Fourteenth Amendment guarantee of equal protection of the laws
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