Criminal Law
Sutton High School
History & Social Sciences Department
The Law
• Two Main Divisions
• Civil Law: the law related to interactions between people.
Includes: Contracts, Real Estate, Family & Probate etc. Grievances
between parties
• Criminal Law: Law related to the relationship between society
and the acceptable norms and behaviors of the society and those
who violate those “formalized” norms. Crimes against society.
The Criminal Law
• Criminal law can be broken into two general types.
• Substantive Law: The actual violations of societal norms. What is
a violation of the law? What are the elements of a crime?
• Procedural Law: Provides the manner in which society
prosecutes, rights that are protected and the manner of
adjudication and punishment.
Criminal Law
The Rules of Society
MORES: Serious Infractions of the Rules of a society
FOLKWAYS: Less serious infractions of a society
Informal Rules
Etiquette
Social Behavior
• Don’t Pick Your Nose
• Personal Space
• Non-verbal Cues
• Rule for certain situations
Formal Rules
Codified (written down) as laws
Violation is a CRIME
• Felony
• Misdemeanor
• Violation or Infraction
Sources of Criminal Law
• English Common Law: A system of traditional legal
precedents passed down from thousands of year of court
decisions.
• Statutory Law: Those laws passed by legislatures.
• Regulatory Law: Those rules and regulations that have force
of law established by bureaucracies.
• Case Law: More recent court cases that change and evolve
existing law.
Substantive Criminal Law
• Most of the substantive criminal law come through statutory
and regulatory sources.
• This law establishes the socially sanctioned law of behavior in
a society.
• Each statute or regulation establishes a set of “elements” for
the crime.
Elements of a Crime
• Section 1. Murder committed
with deliberately premeditated
malice aforethought, or with
extreme atrocity or cruelty, or in
the commission or attempted
commission of a crime
punishable with death or
imprisonment for life, is murder
in the first degree. Murder which
does not appear to be in the first
degree is murder in the second
degree. Petit treason shall be
prosecuted and punished as
murder. The degree of murder
shall be found by the jury. (MGL
c. 265 s. 1)
• Elements of Murder
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Commission of unlawful killing
Of another person.
With malice aforethought; and
with deliberate premeditation, or
Extreme atrocity or cruelty, or
Commission or attempted
commission of a crime punishable
by life imprisonment.
• Unlawful killing
• Of another
• Without malice aforethought.
Model Penal Code
• The model penal code is codification of all the statutory
crimes from across the country to try to unify the concepts of
criminal law. It is not the actual code of any state.
• Three states have adopted the MPC almost in its entirety. (
New York, New Jersey and Oregon.)
• Criminal Codes vary by state. The complexity and organization
are different from state to state.
• Massachusetts does not subscribe to the Model Penal Code.
• Massachusetts has the fifth worst organized criminal code, in
large part that it is cluttered with laws that have never been
repealed or removed from the law. (Blue laws)
Massachusetts General Laws
• Criminal Code= Part IV
(https://malegislature.gov/Laws/GeneralLaws/PartIV)
• Organization of Massachusetts Criminal Code
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CHAPTERSectionsubsections
CHAPTER 264 CRIMES AGAINST GOVERNMENT
CHAPTER 265 CRIMES AGAINST PERSONS
CHAPTER 266 CRIMES AGAINST PROPERTY
CHAPTER 267 FORGERY AND CRIMES AGAINST CURRENCY
CHAPTER 268 CRIMES AGAINST PUBLIC JUSTICE
CHAPTER 269 CRIMES AGAINGST PUBLIC PEACE
CHAPTER 270 CRIMES AGAINST PUBLIC HEALTH
CHAPTER 271 CRIMES AGAINST PUBLIC POLICY
CHAPTER 272 CRIMES AGAINST CHASTITY, MORALITY, DECENCY & GOOD ORDER
• CHAPTER 90 MOTOR VEHICLE LAWS
• CHAPTER 90B RECREATIONAL VEHICLES (ATV’S AND BOATING)
• CHAPTER 140 LICENSES /FIREARMS LAWS
Activity: GTK MGL
Criminal Law
Seven Principles of Criminal Law
7 Principles of Criminal Law
In the law, a person in order to commit a crime must meet the
elements of that crime. Any crime also adhere to these seven
principles as well. Absence of one or more of these may be a
defense against conviction of that crime.
• Legality
• Conduct (Actus Reus)
• Harm
• Causation
• Criminal Intent (Mens Rea)
• Concurrence
• Punishment
1. LEGALITY
• This principle requires that in order for a crime to be charged a
crime must first exist. Meaning a law must have been duly
passed.
• Legislature typically pass laws. Often called statutes. (i.e MGL)
• Bureaucracies can make regulations with force of law, when
authorized by legislatures through statutes. (i.e. CFR CMR)
• Local cities and towns can pass ordinances or by-laws .
• The law, regulation, ordinance or by-law must specifically
address the act or omission that is prohibited.
LEGALITY
• Laws are broken down by their severity
• FELONIES are serious infractions of the law, generally punishable
by lengthy prison terms in long-term facilities. Rarely,
intermediate sentences of probation may be permitted but with
more strict conditions
• MISDEMEANORS are less serious infractions that are more likely
to receive intermediate punishment, such as probation and
community service, but carry shorter incarceration terms and
often in county facilities such as the House of Correction.
• VIOLATIONS are minor and often not considered crimes in the
true sense. The do not carry prison time, instead there is
generally a fine and possibly some probation supervision.
LEGALITY
• EX POST FACTO LAWS: Laws which when passed then are
applied to behavior that took place before the law was
passed.
• Ex Post Facto laws are prohibited by the U.S. Constitution in
Article 1 section 9.
Jurisdiction : Having the authority of the court to adjudicate a
matter within its competence and territory.
LEGALITY
• Jurisdiction is the ability to handle a matter.
• Jurisdiction of the Court
• Territorial Jurisdiction- Courts have an geographic area for which
they are responsible. Superior Courts are by county, District
courts cover areas based on population.
• Subject Matter Jurisdiction: Most Felonies and serious crimes are
handled by the Superior Court. Misdemeanors, violations and
some minor felonies are handled by the District courts.
• Personal Jurisdiction- Are the people over who the court may
have jurisdiction. Superior and District Courts handle adults,
while juvenile court handles those under 18.
LEGALITY
• Jurisdiction of the Police
• State Police have statewide jurisdiction. 24 hours per day ( On
Duty or Off Duty)
• Municipal Police generally have jurisdiction within the border of
the municipality. Compacts have expanded those powers.
• Campus Police, MSPCA Police have special state police powers
• Mass Transit Police have powers within communities that have
MBTA property and rail lines and those communities abutting
those communities.
LEGALITY
• Courts
• Mass Transit Police
LEGALITY
What do you think?
Susan Spud , a detective with the Middleburg, NH, Police Department in in
NYC to work with detectives’ bureau. While in New York , Susan sees a
woman who is wanted for murder in New Hampshire. Susan asks her to
lunch. Susan mentions that she is from New Hampshire but not that she is a
police officer. The suspected murderer says she would like to see her family
but has no way to get to New Hampshire. Susan tells the woman she is
going there and that she will be glad to take her. They leave NYC and upon
crossing into New Hampshire Susan stops the car, identifies herself as a
police officer, and places her under arrest for the murder charge.
2. CONDUCT (Actus Reus)
• Crime must be actual human action or a legally required
omission.
• Action vs. Thought
• Overt Action
• Planning
• Omission
• Legally required to act
• Failure to act
CONDUCT
• OFFENDER ROLES
• PRINCIPAL- The principal is the person who commits the crime
• ACCOMPLICE- This is a person who assists in committing the
crime but who does not actually participate in the commission.
• ACCESSORY- A person who has knowledge of a crime and helps,
aid or abets in a tangential way the commission of a crime.
• Before the Fact (same as principal)
• After the Fact
CONDUCT
• Public Duty
• Who has a public duty?
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Police
Fire
Medical
Lifeguard
• Do private citizens have a public duty?
• What happens if a person with a public duty, fail to exercise that
duty?
• Nonfeasance
• Misfeasance
• Malfeasnce
• What is a Good Samaritan?
CONDUCT
• Good Samaritan Law
Section 13. No person who, in good faith, provides or obtains,
or attempts to provide or obtain, assistance for a victim of a
crime as defined in section one, shall be liable in a civil suit for
damages as a result of any acts or omissions in providing or
obtaining, or attempting to provide or obtain, such assistance
unless such acts or omissions constitute willful, wanton or
reckless conduct.~ 286C
3. HARM
• Every criminal statute places a value on some aspect of live
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Life
Safety
Property
Civil Rights
• An actual HARM must take place. Unless the actual HARM
takes place then the specific crime cannot occur.
• If I tried to Kill someone, but they did not die, then I cannot be
charged with murder.
• What is the time frame?
HARM
• If no harm comes from the CONDUCT (action) then that crime
has not occurred.
• That does not mean that the defendant did not commit a
“inchoate” offense.
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Attempt to Commit a Crime
Conspiracy to Commit a Crime
Soliciting another to Commit a Crime
Accessoryship
HARM
SCENARIO
Juanita and her boyfriend John have been living together for 3 months.
Juanita has a 2 year old toddler boy named Kenny. Kenny has an earache
and will not stop crying. John is babysitting Kenny while Juanita is working.
Because the crying is driving John nuts he picks up Kenny and shakes the
boy for several minutes in a violent manner. The boy stops crying but is
now is unresponsive. He calls an ambulance and the boy is taken to the
hospital where he placed on life support.
Faced with possible loss of her child and her boyfriend, and being all alone;
John convinces her to leave Kenny on life support. Four months later,
Kenny’s grandparents win a court case to remove the life support on Kenny
and Kenny dies. Can John be charged with Kenny’s death? When?
4. CAUSATION
• Causation means that the CONDUCT committed by the
defended must be the proximate cause of the resulting HARM.
IN OTHER WORDS…
The defendant’s action must be the direct or primary
cause of the HARM being charged in the offense.
CAUSATION
The Case of Gary Wall
The Minneapolis newspaper the Sun Tribune has a curious headline: “Who
Killed Garry Wall? Jury Clears Man Who Stabbed Him, Blames Doctor.” It
appears that Daniel Guevara had stuck a kitchen knife into the stomach of
his drunken roommate Gary Wall . Although Daniel was indicted on a
second-degree murder charge, a Kaniyohi, Minnesota jury found him guilty
only of the lesser chard of first degree assault. His defense attorney had
argued that the doctor who treated Gary was to blame for his death. He had
stitched up what appeared to be a superficial stab wound. Had he made a
thorough examination, he would have found that the knife had penetrated
Gary Wall’s liver. Gary died three days later from internal bleeding. So it
was not Daniel who had caused Gary’s death, but the surgeon . And if
Daniel had not caused Gary’s death, he could not be guilty of murder.
5.CRIMINAL INTENT (Mens Rea)
• The principle of criminal intent may be the most important of
the seven principles.
• The latin term means literally “evil mind”
• One must intend to commit the act or omission (CONDUCT)
that they are be charged with or by virtue of some Wanton,
Reckless or grossly negligent
• INTENT does not always mean voluntary
• JOHN intends to shoot JOE but hits FRED… though he did not
intend to shoot FRED he did shoot with intention to commit a
harm.
CRIMINAL INENTION
• MOTIVE: What motivates a person to commit the act that
he/she is committing. THIS IS NOT INTENTION
• Motive is a desire that compels or drives a person to intend to
do something. Motive involves judgment.
• Good motive can nonetheless result in the commission of a
crime.
Mr. Smith is dying from an terminal illness. Doctors are still doing everything
possible to make him comfortable and sustain life. Mr. Smith begs his son to
do something to put him out of his misery. The son obtains some sleeping
pills and overdoes his father to met his wishes. Mr. Smith dies from the
overdose.
What was his son’s motive?
Did his son intentionally kill his father?
Is the son liable for murder?
CRIMINAL INTENT
• Types of Intent
• General Intent- the offender knows his act is wrong.
• Specific Intent- the offender know that a specific outcome will
occur.
• Reckless Behavior
• Committing an act that is prohibited with a reckless state of mind.
• Complete disregard for safety and rights of others.
• Negligent Behavior
• Four Standards
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Standard of Care- Responsibility to act in a safe and righteous way
Breach of Standard- Reasonable man standard
Proximate Cause- Did the breach cause the harm
Harm Produced- Actual injury
CRIMINAL INTENT
A defendant ran through a stop sign while driving an automobile and
convincingly showed he had done so unintentionally. Should he be acquitted
of going through the stop sign.
Sam was an Olympic medalist in swimming. He secured a job as a lifeguard at
Euclid Beach Park. Things were not too exciting, so Sam decided to have a
few drinks while he was on duty. Sam was feeling no pain when he heard a
cry for help. He saw a person in great difficulty about 100 yards offshore.
Sam stumbled and finally reached the water. He was unable to get to the
victim before she drowned. Under what theory, if any, would Sam be liable
for the death of the drowning victim
6. CONCURRENCE
• Concurrence requires that the criminal intent and the act must
agree. In other words.
• If the defendant does something with a specific intent and
another unforeseeable result occurs then the lack of adequate
intent may be a defense.
• Similarly, if you are unable to form a legal and mentally active
intent then you may have a defense.
ACTUS REAS
MENS REA
7. PUNISHMENT
• A crime must have a prescribed penalty or punishment.
• Felony Punishments
• Capital Offenses-> punishable by death
• State Prison Incarceration-> Longer sentences
• Goals: Punishment, Rehabilitation, Incapacitation
• FINES and Probation
• Parole
• Misdemeanor Punishments
• House of Correction -> Lesser sentences
• Goals: Punishment, Deterrence and Incapacitation
• FINES
• Community/Alternative Corrections
PUNISHMENT