Criminal Law and Justice: Key Cases, Principles, and Models

Regina v. Dudley & Stephens (1884)

Case where four men stranded at sea killed and ate Richard Parker.

Backstory of Regina v. Dudley & Stephens

Four men stranded at sea; three men killed and ate Richard Parker.

Facts of the Case

If Parker had not been killed, all four men likely would have died.

Court Reasoning

Judicial decisions are fact-driven; necessity is not a defense to murder.

Holding of Regina v. Dudley & Stephens

You cannot kill an innocent person to save yourself.

Foundations of Criminal Justice

A system created to control crime, maintain order, and protect individual rights.

Three Main Components of Criminal Justice

Law Enforcement, Courts, Corrections.

Crime Control Model

Focuses on efficiency and speed, presumption of guilt, and punishment.

Due Process Model

Protects individual rights, presumption of innocence, emphasizes fairness.

Sources of Law

Constitutional Law, Statutory Law, Administrative Law, Case Law.

Stare Decisis

Courts follow previous rulings to promote consistency and predictability.

Due Process

Substantive Due Process: Laws must be fair; Procedural Due Process: Fair methods must be used.

Void for Vagueness

Laws must clearly define illegal behavior.

Void for Overbreadth

Laws cannot criminalize lawful conduct.

Ex Post Facto

Laws cannot punish actions retroactively.

Elements of a Crime

Actus Reus, Mens Rea, Concurrence, Causation.

Actus Reus

Guilty act.

Mens Rea

Guilty mind (intent).

Concurrence

Act and intent must occur together.

Causation

Defendant's actions caused the harm.

Model Penal Code - Levels of Intent

Negligent, Reckless, Knowingly, Purposely.

Strict Liability Crimes

No intent required; common in traffic and regulatory offenses.

Homicide Categories

Justifiable, Excusable, Criminal.

Justification Defenses

Self-Defense, Defense of Others, Necessity, Castle Doctrine.

Excuse Defenses

Insanity, Duress (not valid for murder), Incompetency.

Uniform Crime Report (UCR)

Data from police agencies; includes Part I Crimes (Index Crimes).

Problems with UCR

Underreporting, Hierarchy Rule, Police discretion, Data manipulation.

NIBRS

Replaced UCR in many areas; tracks 52 offenses with no hierarchy rule.

National Crime Victimization Survey (NCVS)

Victim self-report survey measuring dark figure of crime.

Media and Crime

Media exaggerates violent crime, creates fear and moral panic.

CSI Effect

Jurors expect forensic evidence, making convictions harder without it.

Patriot Act

Increased national security after 9/11; expanded surveillance powers.

USA Freedom Act (2015)

Restored some civil liberties; limited mass data collection.

Civil vs Criminal Law

Criminal Law: Brought by the state; Civil Law: Brought by individuals.

Felonies vs Misdemeanors

Felony: More than 1 year in prison; Misdemeanor: Less than 1 year in jail.