Transcript Nature of the Criminal Law

Nature of the Criminal Law
 A.
Foundations of the Criminal Law
 B. Sources of the Criminal Law
 C. Legal definitions of crime
 D. The Nature of Crime
 E. Characteristics of Criminal Acts
 F. Defenses against Criminal Responsibility
Foundations of the Criminal Law
 1.
Substantive criminal law
 2. Procedural criminal law
 3. Consensus View
 4. Conflict View
Sources of the Criminal Law
 1.
Common Law
 2. Federal and State Constitutions
 3. Case Law
 4. Administrative Regulations
Legal Definition
 Tappan:
“an intentional act or omission in violation
of criminal law (statutory and case law),
committed without justification, and sanctioned by
the state as a felony or misdemeanor.” Paul W.
Tappan (1960) Crime, Justice, and Correction. New York:
McGraw-Hill, p. 10.
 This
leads to the nature of crime and
characteristics of the criminal act
The Nature of Crime

1. Mens Rea – the guilty or conscious decision to commit
a criminal act; criminal intent

2. Actus Reus – the behavior that must be committed to
meet the definition of a crime; action

3. Attendant Circumstances – a link or relationship
between the act and the harm that results
a. Some homicides are justifiable
 b. Some assaults are justifiable

Characteristics of Criminal Acts

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1. Sufficiency – is that which is observed sufficient to confirm the
existence of a guilty mind
2. Possession – this alone is sufficient to fulfill the act requirement
 a. Constructive – a condition in which a person has the
opportunity to exercise control over an object
 b. Actual possession – a condition in which a person has
exclusive control over an object
3. Status – one cannot be criminally punished for one’s particular
status, i.e., drug addiction
4. Omissions – Sometimes an omission satisfies the act
requirement; failure in some legal duty
5. Voluntariness – act must be of one’s free will; must be knowingly
done
State of Mind Requirement
Recklessness – conscious disregard of a
substantial and unjustifiable risk
 1.
Intention – conduct that is carried out
knowingly or purposefully; deliberation
 2.
Causation Requirement
 1.
An act must be shown to be the “proximate
cause” of the particular harm suffered
 2.
A connection between the act and the harm;
X>Y
Defenses Against Criminal
Responsibility
 1.
 2.
 3.
 4.
 5.
 6.
 7.
Entrapment – predisposition of the accused
Self-Defense – level of necessary force
Necessity – prison escapes
Duress
Mistake – of fact; of law
Intoxication – seldom successful
Insanity
Procedural Criminal Law

1. “Accused persons in criminal cases must be accorded certain
rights and protections in keeping with the adversarial nature of the
proceeding and they must be tried according to legally established
procedures.” George F. Cole (1995) The American System of
Criminal Justice, 7thg Edition. Belmont, California: Wadsworth
Publishing., p. 115.

2. Due Process and the Bill of Rights

3. The Supreme Court and Selective Incorporation

4. Due Process Today