Criminal Justice: Criminal Law

What are the 2 types of Criminal Law?

Substantive criminal law & criminal procedure

Substantive Criminal Law

legal definitions of law

Criminal Procedure

rules governing the CJ system

Where are criminal justice rules found?

in the 4th, 5th, 6th, & 8th amendments of the Bill of Rights

Rule of Law

Prevents criminal law from becoming a tool for dictators

No ex post facto laws

no law that makes an action a crime after it was already committed.

Vagueness doctrine

Without a clear way to behave or without clear laws people are more likely to deviate

Strict Construction

Interpreting the law in the strictest manner possible so they can’t just easily convict someone

Common Law

(originated in the UK) essentially “Judge Made” law: allowing judges the freedom to interpret the law, usually based on precedent (actions/laws made before them).

Stare Decisis

making rulings based off of prior decisions (this doesn’t make laws permanent)

Elements of crime

3 parts to a crime from a legal standpoint

Part 1 to a crime: Guilty Act (actus reus “criminal act”)

Harm done with free will; can punish people for something that someone was planning to do or is about to commit (inchoate crime)

What’s a good case that represents Failure to Act?

David Cash, Jr. - guy that walked away while his best friend raped & killed a 7 year old girl in a women’s bathroom.

Part 2 to a Crime: Guilty Mind (mens rea “the intent to harm”)

acting with the intent to commit a crime (sometimes not intentional)

Reckless

knowing risks & commiting the crime anyways

Negligence

someone’s too stupid to understand the possible outcomes/consequences

What is strict liability

not all crimes require mens rea

Part 3 to a Crime: Causation

the act had to cause actual human harm

“Victimless crimes”

not every crime has to cause direct harm or has a specific victim

Causation has to be proven…

beyond a reasonable doubt

What do courts not have to prove?

motive

Criminal Defenses

anything a defendant uses for acquittal or punishment reduction

Failure to Prove

prosecutor failed to prove beyond reasonable doubt (not enough evidence, didn’t do their job well, etc.)

Justification

crime was necessary under the given circumstances

Proportionality

has to be a reasonable enough threat that equals the crime committed

Necessity

circumstances where someone had to commit the crime

Whats an example of necessity?

ODU ROTC Cadets killing a school shooter or robbing as a poor/homeless person

What are excuses in criminal defense?

Insanity defense (extremely rare- less than 1% of cases plead this defense), duress, age, alibi, entrapment, & double jeopardy.

Insanity defense 1: M’Naghten (ma-knot-en) Rule

did the defendant know the difference between right and wrong

Insanity defense 2: Durham Test (Mental Disease)

defendant did what they did because of a mental defect or disease (most states have gotten rid of this)

Duress

committing a crime because they were forced to (ex: being held at gunpoint & told to do something illegal)

Age

Can’t prosecute children 0-13 but can send them to delinquency/detention centers. Those 14 & older are put through the regular prosecution process.

Alibi

evidence that says the person couldn’t have been there when the crime happened (can be a person, CCTV/security footage, etc.)

Entrapment

a case where the defendant claims to be “set up” by police/law enforcement

Double Jeopardy

same person can’t be tried for the same crime twice (ex: couldn’t put OJ in jail after writing his book (essentially confessing murder) because the trial was over)