Chapter 4Inside Criminal Law

Learning Objective 1Explain precedent and the

importance of the doctrine of stare decisis

Learning Objective 1Law consists of enforceable rules

governing relationships among individuals and their society

An early example of law was Hammurabi’s Code, which was based on the principle of lex Talionis

English common law

Stare Decisis

Learning Objective 2List the four written sources of

American criminal law

Learning Objective 21. Constitutional

Law

The U.S. Constitution and the various state constitutions

2. Statutory Law

Laws and ordinances passed by Congress and state legislatures

3. Administrative Law

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

4. Case Law Court decisions

Learning Objective 3Explain the two basic functions

of criminal law

Learning Objective 3Protect 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 societal boundaries

Learning Objective 4Delineate the elements

required to establish mens rea (a guilty mental state)

Learning Objective 4Corpus delicti consists of:

Criminal Act Actus reus

Crimes 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

Concurrence The guilty act and the guilty intent must occur

together

Learning Objective 5Explain how the doctrine of

strict liability applies to criminal law

Learning Objective 5Mens Rea plays a crucial role in

differentiating between varying degrees of criminal responsibility or criminal liabilityStrict 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

Learning Objective 5Corpus 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

Learning Objective 6List and briefly define the most

important excuse defenses for crimes

Learning Objective 6Excuse Defenses:

Infancy

Youthful offenders cannot understand the consequences of their actions.

Insanity

A person cannot have the state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act.

Intoxication

Mistake

Discussion Questions What category does the term

insanity come from?

What are some of the standards that are considered in the various states?

Video: Klan member verdict

Learning Objective 7Describe the four most

important justification defenses

Learning Objective 7 Justification Defenses:

DuressThe defendant is threatened with seriously bodily

harm, which induces him/her to commit the crimeSelf-Defense

The defendant must protect him/herself from injury by another

Duty to retreatNecessity

Circumstances required the defendant to commit the act

EntrapmentThe defendant claims to have been induced by

police to commit the act

Learning Objective 8Distinguish between

substantive and procedural criminal law

Learning Objective 8Substantive

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

Learning Objective 9Explain the importance of the

due process clause in the criminal justice system

Learning Objective 9Procedural 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