Chapter 3: Criminal Justice and the Rule of Law

Where do our laws come from?

Our sense of morals

Definition of law?

A rule of conduct, generally found enacted in the form of a statue, that proscribes or mandates certain forms of behavior

What tells the citizens what punishments are?

Laws! ignorance of the law is not a real excuse

Criminal law?

Also known as Substantive law (the body of rules that govern how members of a society behave): Defines specifically what is illegal. It must be written down before it is a law. Most have a punishment defined

Civil Law?

Governs relationships… this is also substantive law (neighbor cuts down my tree) (Mercyhurst suing Gannon)

Procedural Criminal Law?

Rules that govern how laws are enforced. Collection of evidence, gaining warrants. Due process (double jeopardy, search/seizure, speedy trial, right to attorney)

Statutory law?

written down or codified law: “The law on the books”. Laws must be written down in order to be real

When laws are vague, who gets to interpreter them?

Judges, DAs, defense attorneys, Juries

Felony?

Most serious, results in a year or more of incarceration

Misdemeanor?

Less serious, typically results in less than a year in jail. Fines are typically used

Summary offenses/Civil infractions

least serious. Typically handled on the stop with a ticket/fine

Inchoate Crime

A crime that did not reach commitment, no harm actually done but attempt to harm is made

What are the elements of a crime?

Legality, Actus Renus, harm, Attendant Circumstances, Causation, Concurrence, Punishment

Legality?

There must be a codified (written down) law that defines the act as a crime… citizens must have the ability to be aware

Ex Post Facto

After the fact. You cannot be punished for a crime that was not a law at the time you committed it.

Actus Renus

The criminal act. There cannot be a crime without a crime. Failing to act is a crime

Harm

An act that causes harm. Not all harms are crimes but all crimes cause harm. Victimless crimes still cause harm to society

Mens Rea

The state of mind that accompanies the crime

Purposeful Mens Rea

Intentional act

Knowing Mens Rea

Purposeful acts are also knowing (aware) acts

Reckless Mens Rea

Increases the potential harm

Negligent Mens Rea

likely the lack of intention, but actor should have known better however negligence is not always a crime

Attendant Circumstances

The facts surrounding the crime/event

Causation

For a crime to be committed, there must be a casual relationship between the act and harm. Two types of causation

Cause in fact?

“but for” … but for the action the result wouldn(n’t) have happened.

Proximate Cause?

An event that causes injury

Concurrence?

To be a crime… act and intent (mental state of mind) must be present at the same time

Punishment

No crime can be said to occur where punishment has not been specified

Alibi Defense?

A statement or contention by an individual charged with a crime that he or she was so distant when the crime was committed. “I couldn’t commit the crime, I was somewhere else”

Justification Defense?

Admits to committing the act but claims that it was necessary to avoid some greater evil

Reasonable force?

Not excessive but proportional (I can’t kill betty white if she threatens me)

Defense of others?

Only used with soldiers or officers

Necessity Defense?

Part of justification defense. Breaking the law was needed to avoid a greater harm

Duress (Excuse) Defense?

Crime was committed due to coercion

Entrapment (Excuse) Defense?

Improper or illegal inducement to commit a crime that otherwise would not have been committed. An Under Cover cop provided the circumstances for the offender to commit the crime otherwise would not have committed

Infancy (excuse) defense?

Lack of criminal responsibility due to age

Mistake of fact (excuse) defense?

Really not knowing the fact (i thought it was my laptop!) Not ignorance of the law

Involuntary Intoxication (excuse) defense?

Someone slips something into your drink

M’Naghten Rule?

A rule for determining insanity that asks whether the defendant knew what he or she was doing, and whether the defendant knew that what he or she was doing was wrong

Criminal Responsibility based on mental capacity

Fundamental Fairness Doctrine?

Procedures in CJ system should be fair. Basis for Due Process

Earl Warren?

Chief justice of SCOTUS. advocated for individual rights, and set the foundation for the procedural rights.

Rule of law?

1. Freedom from private lawlessness

2. A relative high degree of objectivity in the formulation of legal norms and evenhandedness in their application

3. Legal ideas for the attainment of individuals and group objectives

4. substantive and procedural limitations on governmental power