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Criminal Law

4. Criminal Law. Nature of Law. Rules of conduct inherent in human nature and in the natural order Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws Ten Commandments The U.S. Declaration of Independence. English Common Law.

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Criminal Law

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  1. 4 Criminal Law

  2. Nature of Law • Rules of conduct inherent in human nature and in the natural order • Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws • Ten Commandments • The U.S. Declaration of Independence

  3. English Common Law • Originates from usage and custom rather than from written statutes • The major source of modern criminal law in the United States • Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them

  4. Definition of the 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

  5. The Categories of Law • Statutory law • Substantive criminal law • Describes what constitutes particular crimes and specifies the appropriate punishment for each offense • Procedural law • Determines the proceedings by which legal rights are enforced

  6. The Categories of Law • Civil law • Governs relationships between & among people, businesses & other organizations, & agencies of government • Rules for contracts, divorces, child support and custody, the creation of wills, property transfers, negligence, libel, unfair hiring practices, the manufacture & sale of consumer goods with hidden hazards for the user, & other contractual social obligations

  7. The Categories of Law • Administrative law • Made & enforced by regulatory & administrative agencies at federal or state levels • Rules & regulations created to control the activities of industry, business, & individuals • Law of precedent

  8. The Categories 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 • Violations result in punishment upon conviction in a court of law • Statutory and case law • Also called penal law

  9. The Categories of Law • Procedural law • Specifies the methods to be used in enforcing substantive law • Criminal procedures • The U.S. Constitution through the Fourth, Fifth, Sixth, and Eighth Amendments

  10. Felony • A criminal offense punishable by death or incarceration in a prison facility for at least one year • Murder, rape, aggravated assault, robbery, burglary, and arson • Convicted felons typically lose certain privileges upon release from prison

  11. Misdemeanor • Offenses punishable by incarceration, usually in a local confinement facility, & typically for one year or less • Petty theft, simple assault, breaking and entering, being disorderly in public, writing bad checks

  12. Offenses/Infractions • Minor violations of the law that are less serious than misdemeanors • Jaywalking, spitting on the sidewalk, littering, and certain traffic offenses • Offenders are normally ticketed and released

  13. Treason • A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States of America • Also, the attempt to overthrow the government of the society of which one is a member

  14. Espionage • Gathering, transmitting, or losing information related to the national defense, in such a manner that the information becomes available to enemies of the U.S. and may be used to their advantage

  15. Inchoate Offense • Consists of conduct that is a step towards the intended commission of another crime • Incomplete or partial • Conspiracy

  16. Elements of a Crime • Actus reus • Mens rea • Concurrence

  17. Actus Reus • Guilty act • An act in violation of the law and includes both an action taken, or a failure to act • Crimes of commission • Crimes of omission • Thinking alone is not enough to make it a crime

  18. Mens Rea • Guilty mind • The state of mind that accompanies a criminal act • Based on the assumption that individuals have the ability to make reasonable decisions about right and wrong

  19. Concurrence • Requires that the act and the mental state occur together in order for a crime to take place • One can not occur before the other

  20. Elements • Elements of a crime are specific legal aspects of a criminal offense that must be proven to obtain a conviction • Example: elements of first-degree murder • Unlawful killing • Of a human being • Intentionally • With planning or malice aforethought

  21. Four Types of Recognized Defenses • Alibi • Justification • Excuse • Procedural defense

  22. Types of Justification Defenses • Self-defense • Defense of others • Defense of home and property • Consent • Necessity • Resisting unlawful arrest

  23. Types of Excuse Defenses • Duress • Age • Mistake • Provocation • Unconsciousness • Insanity • Involuntary intoxication • Diminished capacity • Mental incompetence

  24. Types of Procedural Defenses • Entrapment • Double jeopardy • Collateral estoppel • Prosecutorial misconduct • Denial of a speedy trial • Police fraud • Selective prosecution

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