Criminal Law: Substantive, Procedural, and Constitutional Foundations

What is substantive criminal law?

A body of specific rules that declare what conduct is criminal and prescribes the punishment for such conduct.

What is procedural criminal law?

Sets out the basic rules of practice in the criminal justice system, including trial procedures and admissibility of evidence.

What is civil law?

All law that is not criminal.

What is public law?

Law that deals with the government and its relationships with individuals or other governments.

What are the goals of substantive criminal law?

To enforce social control, distribute retribution, express public opinion and morality, deter criminal behavior, punish wrongdoing, maintain social order, and provide restoration.

What are mala in se crimes?

Crimes that are inherently evil and depraved, such as murder, burglary, and arson.

What are mala prohibita crimes?

Crimes which reflect existing social and economic conditions, such as underage drinking and curfew violations.

What are the primary sources of criminal law in the United States?

State and federal legislatures, judicial decision making, and the U.S. Constitution.

What is the significance of the U.S. Constitution in criminal law?

All criminal law in the United States must conform to the rules and dictates of the U.S. Constitution.

What is actus reus?

The criminal act or an illegal act, or failure to act when legally required.

What is mens rea?

The criminal intent or the intent to commit a criminal act.

What does concurrence mean in criminal law?

The requirement that the criminal intent trigger the criminal act.

How are crimes classified?

Crimes are classified into felonies and misdemeanors based on their seriousness.

What is a felony?

More serious offenses such as murder, aggravated assault, and carjacking.

What is a misdemeanor?

Less serious offenses such as prostitution, simple assault, DUI, and possession.

What is a bill of attainder?

A legislative act that singles out and punishes an individual or group without a trial.

What are ex post facto laws?

Laws that prohibit bringing charges against a person when the conduct was not considered a crime at the time it was committed.

What is the legal definition of a crime?

Almost all common-law crimes contain both mental (mens rea) and physical (actus reus) elements.

What is the connection required to constitute a crime?

A connection must be made between mens rea and actus reus, showing that the offender's conduct was the proximate cause of the criminal act.

What is the significance of the Scott Peterson case in criminal law?

It highlights issues related to fetal homicide laws and the legal implications of harming an unborn child.

What are the elements of due process of law?

Due process includes fair treatment through the normal judicial system, especially as a citizen's entitlement.

What is the role of royal judges after the Norman Conquest?

They decided cases using local customs and rules of conduct, evolving into a common law system.

What is wergild?

Monetary compensation developed by emerging Germanic societies as part of their legal systems.

What is the relationship between U.S. legal codes and England?

The U.S. legal code is directly tied to English law, reflecting its historical influence.

What are strict liability crimes?

Offenses where mens rea is not essential, such as traffic crimes and statutory rape.

What is the third element needed to prove a crime?

The immediate relationship or concurrence of the act with the criminal intent or result.

What must be proved for an act to be considered a crime?

The actor's willingness to cause harm.

What constitutes a voluntary act in criminal law?

Actions that are willed and not reflexive or involuntary.

What are examples of non-voluntary actions?

Reflexes, convulsions, sleep movements, unconscious movements, and actions under hypnosis.

What is an alibi in criminal defense?

A claim that the defendant was falsely accused and the real culprit has not been identified.

What is an excuse defense?

A defense claiming that the defendant lacked mens rea during the criminal act.

What is a justification defense?

A defense asserting that the criminal act was reasonable or necessary under the circumstances.

What is duress in the context of criminal defenses?

When a defendant was forced to commit a crime to prevent death or serious harm.

How does insanity serve as a defense?

If the defendant's mental state negates their criminal responsibility.

When is intoxication a valid defense?

Only if the defendant was involuntarily intoxicated due to duress or mistake.

What is the age defense in criminal law?

A presumption of incapacity for children under the age of 7.

What is entrapment?

When law enforcement induces a person to commit a crime through deception.

What is required for a self-defense claim?

Proof that the defendant acted with a reasonable belief of imminent danger and had no escape.

What does necessity mean in criminal law?

Committing a crime under extreme circumstances that could not be avoided.

What is statutory rape?

Illegal sexual intercourse with a minor, regardless of consent.

What is the Romeo and Juliet exemption in Pennsylvania?

A legal provision allowing consensual sexual acts between a minor aged 13 or older and an adult less than four years older.

What is the preponderance of the evidence standard?

The jury must be 51% certain of the defendant's mistaken belief regarding the victim's age.

How do laws reflect public opinion and morality?

Laws are shaped by societal values and can change as public opinion evolves.

What is the law of criminal procedure?

Rules governing the pretrial processing of criminal suspects and the conduct of criminal trials.

What are the main sources of procedural law?

The U.S. Constitution and the Bill of Rights.

Which amendments are most relevant to criminal procedure?

Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.

What is due process of law?

The legal requirement that the state must respect all legal rights owed to a person.

What are the two categories of due process?

Substantive due process and procedural due process.

What does substantive due process protect against?

Criminal laws that are biased, discriminatory, or unfair.

What does procedural due process ensure?

No person is deprived of life, liberty, or property without proper legal procedures.