CRJ week 4-5

Statutory Law and Criminal Law

• Statutory Law

  • Refers to laws on the books resulting from legislative action.

  • Examples: Three strikes rule, mandatory minimums.

  • Established through formal legislative processes.

• Penal Code

  • The written form of criminal law.

  • Contains specific laws defining major crimes (e.g., eight major crime offenses in California).

Types of Law

• Case Law

  • Results from judicial decisions and interpretations of laws.

  • Example: Miranda v. Arizona, which established the Miranda Rights, required to inform suspects of their rights during arrest.

• Common Law

  • Represents known societal rights and wrongs not formally codified.

  • Governed by societal norms rather than written statutes; less often discussed in legal settings.

Rule of Law

• Definition

  • Fundamental principle ensuring society adheres to established laws rather than arbitrary decisions from officials.

  • Emphasizes equality before the law for all individuals.

• Key Aspects

  • Nobody is above the law, ensuring accountability across all levels of society.

  • Legal certainty: laws must be clear, publicly known, and consistently applied.

  • Guarantees fair legal processes including due process, impartial jury, and presumption of innocence.

  • Checks and balances: prevent government power overreach.

Criminal Law Definition

• Criminal Law

  • Body of laws that defines crimes and prescribes punishments.

  • Protects public safety by deterring wrongful acts.

  • The government (state) prosecutes individuals or entities accused of crimes.

Characteristics of Criminal Law

• Defines specific crimes and associated punishments.

• Examples of punishments: fines, imprisonment, probation, community service.

• Laws are enacted by legislative bodies (e.g., Congress, local governments).

Examples of Statutory Law

• California Three Strikes Law: Enforces life imprisonment for certain repeat offenders.

• Fair Housing Act: Prohibits housing discrimination by requiring equal treatment in public property management.

• Affordable Care Act: Ensures access to healthcare services.

Types of Law: Substantive vs Procedural

• Substantive Law

  • Defines rights and responsibilities, outlining legal expectations and consequences.

  • Example: Fair Housing Act with defined penalties for violations.

• Procedural Law

  • Outlines enforcement of substantive laws and legal processes within the court system.

  • Example: Procedures followed during criminal prosecutions, rights to counsel.

Civil Law vs Criminal Law

• Civil Law

  • Primarily revolves around disputes between individuals (plaintiff vs. defendant).

  • Lower burden of proof; often based on subjective evidence.

  • Examples: family law, property disputes, tort law (personal injury).

• Criminal Law

  • Involves prosecution by the state against individuals for serious offenses.

  • Higher burden of proof: must be proven beyond a reasonable doubt.

Felonies and Misdemeanors

• Felonies

  • Serious offenses (e.g., murder, aggravated assault) punishable by over a year in prison.

  • Convicted felons often lose certain civil rights upon release.

• Misdemeanors

  • Less serious offenses (e.g., petty theft) generally punishable by less than a year in jail.

  • Punishments may include community service, fines, or supervised probation.

Administrative Law

• Definition

  • Governs actions of government agencies rather than individual or civil cases.

  • Example agencies include EPA (environmental laws) and OSHA (workplace safety).

Overlap of Criminal and Administrative Law

• Example: A DUI conviction may lead to criminal penalties as well as administrative consequences like a suspended driving license.

Case Law and Judicial Precedent

• Case Law

  • Established from court decisions interpreting statutes and legal principles.

  • Significant cases set precedents that lower courts follow.

Treason vs Espionage

• Treason

  • Aiding a foreign government in actions against the U.S.

  • Must be committed by U.S. citizens.

• Espionage

  • Gathering or transmitting sensitive information to foreign entities; can involve non-citizens.

Inchoate Offenses

• Definition: Crimes that are considered incomplete or not fully carried out.

• Examples: Conspiracy or plans that are not executed but are subject to arrest if intent is proven.

Criminal Intent: Actus Reus and Mens Rea

• Actus Reus: The guilty act; evidence of a crime being committed must exist.

• Mens Rea: The guilty mind; the intent behind a crime must be proven for a conviction.

• Both components must concur for a valid prosecution.