Lippman, Chapter 1 Notes PDF

Preview

Summary

Summary of Chapter one ...

Description

● What is criminal law? a. Foundation of the criminal justice system b. Criminal law defines the conduct that may lead to an arrest, trial, and incarceration ● Nature of Criminal Law A. Crime: whatever the law declares to be a criminal offense and punishes with a penalty B. Whatever the law declares to be a criminal offense and punishes with a penalty C. Conduct that will result in the “formal and solemn pronouncement of the moral condemnation of the community” (Professor Henry M. Hart, Jr.) D. Must be distinguished from objectionable acts which are not subject to state prosecution and official punishment ● Criminal and Civil Law A. Civil law protects individuals rather than public interest a. a. The burden of proof: preponderance of the evidence b. Legal action brought by an individual B. Criminal law protects public interest a. The burden of proof: beyond a reasonable doubt b. Legal action brought by a prosecutor C. Tort is a civil law or harm committed against an individual or an individual’s property ● The Purpose of Criminal Law A. Maintain social order and stability B. New York Criminal Code a. Harm – prohibit conduct that threatens substantial harm to individuals and society b. Warning – warn individuals about the prohibited act and its consequences c. Definition – define the acts and intents d. Seriousness – distinguish between levels of crime and their appropriate consequences e. Punishment – impose sanctions f. Victims–ensure that the interests of the victims(s) community are represented ● The Principles of Criminal Law A. Substantive criminal law: involves an analysis of the definition of specific crimes (specific part) and of the general principles that apply to all crimes (general part), such as the defense of insanity B. Criminal procedure involves the study of legal standards governing the detection, investigation, and prosecution of crimes – considers how the law is enforced, not what law is enforced C. General part – principles that apply to all crimes a. Criminal act (actus reus)

● A.

1. 2. 3. 4. ● A.

B.

C.

● A.

b. Criminal intent (mens rea) c. Concurrence of actus reus and mens rea d. Causation e. Responsibility f. Defenses Categories of Crime Felonies and misdemeanors a. Felonies – crimes that are punishable by death or by imprisonment of more than one year b. Misdemeanors – crimes that are punishable by imprisonment of less than one year c. Classes of crime Capital felonies – death or life imprisonment without parole Gross misdemeanors – six to twelve months imprisonment (only used in some states) Petty misdemeanors – those subject to less than six months imprisonment Violations or infractions – minor criminal acts that typically only carry fines with no imprisonment term because they cause modest social harm Mala in se and mala prohibita Mala in se – acts that are considered to be inherently evil, such as murder, rape, robbery, etc. a. These would be considered evil acts even if not prohibited by law Mala prohibita – acts that are not considered inherently evil, but are wrong because they are prohibited by a statute a. Includes acts like tax evasion, carrying a concealed weapon, leaving the scene of an accident, being drunk and disorderly in public Subject matter a. Different crimes can also be organized according to their subject matter, but there are disagreements about these classifications Crimes against the state – treason, sedition, espionage, terrorism Crimes against the person, homicide – homicide, murder, manslaughter Crimes against the person, sexual offenses, and other crimes- rape, assault and battery, false imprisonment, kidnapping Crimes against habitation – burglary, arson, trespassing Crimes against property – larceny, embezzlement, false pretenses, receiving stolen property, robbery, fraud Crimes against public order – disorderly conduct, riot Crimes against the administration of justice – obstruction of justice, perjury, bribery Crimes against public morals – prostitution, obscenity Sources of Criminal Law What are the sources of criminal law and where do we find the requirements? a. English and American Common Law – English and American judge-made laws

● A. B.

C.

●

and English acts of Parliament b. State criminal codes – a set of comprehensive laws each U.S. state develops c. Municipal ordinances – criminal laws at the local level such as laws that regulate streets, sidewalks, and buildings and laws involving traffic, littering, disorderly conduct, and domestic animals d. Federal criminal code – criminal laws based on the federal government’s constitutional powers e. State and federal constitutions f. International treaties–treatiessignedbytheU.S.governing crimes such as genocide, torture, and war crimes g. Judicial decisions – judges typically rely on precedent in similar cases when making decisions The Common Law Foundation of American criminal law, transported from England to the American colonies in the 11th century in order to provide a uniform law to be enforced by judges State criminal codes a. A set of comprehensive laws developed by states in the 19th century based on the belief that people should have the opportunity to know the law and prevent prosecution of acts that had never before been criminal b. Courts still consult the common law to determine meanings of terms in statutes c. Common law states are those U.S. states that still use some common law when confronted with situations not covered in state legislation d. Reception statutes – part of the criminal code of a specific state that provides the state receives the common law as an unwritten part of the criminal law e. Code jurisdictions – provide that no act is criminal or punishable except as prescribed as authorized by the criminal code State police power a. Police power includes the “duty to protect the well-being and tranquility of a community and to prohibit acts or things reasonably thought to bring evil or harm to its people” Federal statutes a. Laws that are necessary and proper for fulfilling the responsibilities of the federal government set forth by the U.S. Constitution b. Preemption Doctrine – Supremacy Clause of the U.S. Constitution provides that federal law is superior to state law c. Recent court decisions have held that federal criminal laws have unconstitutionally encroached on areas reserved for state governments d. Dual sovereignty – sharing of power between federal and state governments i. An individual may be prosecuted at both the federal and state levels for the same act so long as the criminal charges differ slightly...