Chapter 1 (pages 1-18)

Introduction to Criminal Law

• Criminal law is the foundation of the criminal justice system.

• Defines conduct leading to arrest, trial, and incarceration.

• Commonly thought of as related to serious offenses like murder and robbery, but also includes surprising acts defined as criminal (e.g., wrestling a bear in Alabama).

Nature of Criminal Law

• A crime is defined as an act condemned by the community that is punishable by law.

• Not all criminal acts lead to imprisonment; some may only result in a warning.

• Key feature: moral condemnation by the community.

• Henry M. Hart Jr.: Crime is "conduct which... will result in the... moral condemnation of the community."

Criminal vs. Civil Law

• Criminal law protects society's interests, while civil law protects private individual rights.

• Actions in civil law are initiated by individuals (e.g., suing for contract breaches).

• Different legal standards of proof: criminal cases require proof beyond a reasonable doubt, while civil cases only need a preponderance of evidence.

• Example: A driver may be charged criminally for reckless driving and sued civilly for damages.

Purpose of Criminal Law

• Maintain social order and stability.

• Objectives:

  • Prohibit harmful conduct.

  • Warn individuals of punishable acts.

  • Define acts and intentions for offenses.

  • Distinguish between serious and minor offenses.

  • Impose punishment and represent victims' interests.

Principles of Criminal Law

• Key Components:

  • Criminal Act (Actus Reus): Involves a physical act or omission.

  • Criminal Intent (Mens Rea): Involves the individual’s state of mind during the act.

  • Causation: The act must cause the harm.

  • Responsibility: Individuals must be aware of criminal acts.

  • Defenses: Justifications or excuses can negate criminal guilt.

Categories of Crime

• Felonies vs. Misdemeanors:

  • Felonies: Punishable by more than one year in prison or death.

  • Misdemeanors: Punishable by less than one year.

  • Some states categorize further into degrees and violations (e.g., petty misdemeanors, infractions).

Mala in Se and Mala Prohibita

• Mala in Se: Crimes considered inherently evil (e.g., murder, theft).

• Mala Prohibita: Offenses considered wrong only due to being prohibited by law (e.g., tax evasion).

Sources of Criminal Law

• Common Law: Foundation for American criminal law; derived from English law.

• Statutory Law: Written laws enacted at state and federal levels.

• Constitutions: Federal and state constitutions set limits on criminal laws.

• International Treaties: Define crimes like genocide and war crimes.

• Judicial Decisions: Set precedents that interpret statutes and constitutional provisions.

State Police Power

• States have broad authority to legislate for public health, safety, and welfare.

• Legislation can prohibit perceived harmful activities (e.g., fireworks on July 4).

Model Penal Code (MPC)

• Aims to standardize laws across states.

• Influences many state criminal codes to ensure uniformity in definitions and procedures.

Federal vs. State Criminal Laws

• Federal laws apply to crimes defined in the U.S. Constitution; state laws cover most common crimes.

• Dual Sovereignty: Both state and federal governments can prosecute offenses, provided laws slightly differ.

• Preemption Doctrine: Federal laws take precedence over conflicting state laws.

Criminal Justice Process

• Accused persons progress through various stages:

  1. Investigation: Detect and gather evidence.

  2. Arrest: Based on probable cause.

  3. Postarrest: Booking and initial processing.

  4. Charges: Prosecutor files charges.

  5. Pretrial: Includes hearings and plea negotiations.

  6. Trial: Right to a fair trial before a jury for serious offenses.

  7. Sentencing: Establishing punishment for conviction.

  8. Appeal: Right to challenge convictions.

Structure of Federal and State Court Systems

• Federal System:

  • Composed of district courts, appellate courts (11 regional circuits), and the U.S. Supreme Court.

• State System:

  • Varies widely in structure; generally has trial and appellate courts.

  • State supreme courts interpret state laws and constitutions.

Importance of Precedent

• Courts follow stare decisis, relying on previous decisions to maintain consistency in rulings.

• Case of First Impression: When a case presents a new legal issue, courts look to persuasive authority or analogous cases.

• Decisions of higher courts set binding precedents for lower courts.

Summary

• Criminal law encompasses a range of behaviors deemed criminal by society and establishes procedures for addressing those behaviors.

• The distinction between criminal and civil law is significant in societal structure and criminal justice functioning.