Larry J. Siegel
www.cengage.com/cj/siegel
Chapter 3
Criminal Law: Substance and Procedure
Joe Morris • Northwestern State University
Cherly Gary • North Central Texas College
Lisa Ann Zilney • Montclair State
Learning Objectives
• Know the similarities and differences between criminal law
and civil law.
• Understand the concept of substantive criminal law and its
history.
• Discuss the sources of the criminal law.
• Be familiar with the elements of a crime.
• Define the term “strict liability.”
• Discuss excuses and justification defenses for crime.
• Discuss the concept of criminal procedure.
• The role of the Bill of Rights in shaping criminal procedure.
• Know which Amendments do the Constitution are the
most important to the justice system.
• List the elements of due process of law.
Rule of Law
Substantive Criminal Law
Procedural Criminal Law
Civil Law
Historical Development of Criminal Law
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Babylonian Code of Hammurabi (2000 B.C.)
Mosaic Code of the Israelites (1200 B.C.)
Roman Twelve Tables (451 B.C.)
Justinian’s Corpus Juris Civilis
German Wergild
Canon (Church) Law
State centered law
Common Law &
the Principle of Stare Decisis
• Stare decisis - to stand by decided cases
• Mala in se - acts that society considers inherently
evil
• Mala prohibitum – crimes created by legislative
bodies
Sources of the Criminal Law
• American legal system is codified by state and
federal legislatures
• Constantly evolving
• Criminal law must conform to the Constitution
• No ex post facto laws permitted
Crimes & Classifications
Felony
Misdemeanor
Violations
Elements of a crime
Actus Reus
Criminal
Harm
The illegal
act must be
the cause of
the harm
Mens Rea
Connection
between act
(actus reus) and
harm done
Actus Reus
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An illegal act
Failure to act when the law requires it
Act must be voluntary
Negligent acts can result in criminal liability
Mens Rea
• Guilty mind or intent
• Intent is implied if the results of an act are certain to
occur
• Crimes may require different levels of intent
Mens Rea and Actus Reus
• Connection between act (actus reus) and harm done
• The illegal act must be the cause of the harm
Strict Liability
• Exceptions to mens rea are strict liability crimes illegal acts that do not require a showing of intent
Criminal Defenses
• A person can commit an act that would ordinarily be
a crime but they are not held criminally liable
• Criminal defenses are a core aspect of common law
• Most criminal defenses are based on the mens rea
element
Excuse Defenses
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Ignorance or Mistake
Insanity
Intoxication
Age
Insanity
• Relies on a legal rather than medical definition
• Insane persons lack the capacity to form legal intent,
or mens rea
• Cannot distinguish between right and wrong, or
cannot control their conduct
Justification Defenses
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Consent
Self-Defense
Stand Your Ground
Entrapment
Duress
Necessity
Reforming the Criminal Law
• Law enables and also restricts government authority
and power
• Changes over time
Creating New Crimes
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Physician-Assisted Suicide
Stalking
Community Notification Laws
Environmental Crimes
Creating New Defenses
• Neurolegal Defenses
Constitutional Criminal Procedure
• Main source of procedural law is the Bill of Rights
• Limits on governmental action focus on:
• 4th Amendment - searches and seizures
• 5th Amendment - self-incrimination, double
jeopardy, grand jury
• 6th Amendment - speedy and public trial by an
impartial jury, right to counsel, notice of charges,
and confrontation of witnesses
• 8th Amendment - prohibits excessive bail,
excessive fines, and cruel and unusual
punishment
Due Process of Law
• Found in both the 5th and 14th Amendments
• Refers to the essential elements of fairness under
law
• Substantive due process - protects against laws that
are unfair
• Procedural due process - ensures no one is deprived
of life, liberty, or property without proper and legal
criminal process
Interpreting the Constitution
• How the Supreme Court decides a case depends on:
• The facts of the case
• The federal and state constitutional and statutory
provisions
• Previous court decisions
• Judicial philosophy
• Societal values