CRIMINAL LAW CONTROL
VERSUS LIBERTY
Chapter 3
Rhiannon Nedland
REASONS FOR ESTABLISHMENT OF
LAWS
• To forbid and prevent conduct that unjustifiably and inexcusably inflicts or
threatens substantial harm to individual or public
• To subject to public control persons whose conduct indicates that they are
disposed to commit crimes
• To safeguard conduct that is without fault from condemnation as criminal
• To give fair warning of the nature of the conduct declared to constitute an
offense
• To differentiate on reasonable grounds between serious and minor offenses
MALA IN SE VS MALA PROHIBITA
• Mala in se: acts that are prohibited because they are considered harmful in
themselves
Examples: rape, murder, arson
• Mala prohibita: prohibited because of the law and not because they are
necessarily harmful or inherently evil
Examples: parking regulations/violations, minimum drinking-age
http://www.youtube.com/watch?v=ewRjZoRtu0Y
STATE CRIMINAL LAWS
• Sources of state criminal laws: state constitution, state criminal codes,
common law, and judicial decisions interpreting codes and the common
law
• http://www.wwltv.com/news/local/State-gun-crime-law-ruled-invalid199435841.html
• One distinction between federal criminal law and state criminal law is the
area of law known as common law.
TRUE OR FALSE
1.) Criminal law in the United States was greatly influenced by early French
common law
2.) Written laws were stated simply, leaving it to judges to interpret and apply
laws to specific situations
3.) English criminal law was based on the assumption that the vast majority of
citizens were literate and would understand all written laws.
LOCAL CRIMINAL LAWS
• Sources of local criminal laws: city or county charters, municipal or county
ordinances or violations, common law, and decisions of municipal judges
interpreting codes and common law
• Almost all local criminal laws are misdemeanors or violations
• What is the difference between a felony and a misdemeanor?
http://www.wwltv.com/news/local/State-gun-crime-law-ruled-invalid199435841.html
TRUE OR FALSE
1.) Felonies are crimes for which an offender can receive a punishment for 5
years or more in a state prison
2.) Misdemeanors are crimes for which an offender can receive a punishment
of 1 year or less in a state prison or county jail
3.) Local criminal codes cannot deny rights guaranteed by the state
constitution or the U.S. Constitution
LIMITS OF THE LAW
• Principle of Legality
• Ex Post Facto Laws
• Due Process (stare decisis)
• Void for Vagueness
• Right to Privacy
• Void for Overbreadth
• Cruel and Unusual Punishment
ELEMENTS OF A CRIME
Actus Reus
• It depends on the actions of the
person
• This action must be voluntary in the
sense that criminal law does not
prosecute persons for accidents or
unintentional actions that are not
negligent or reckless
• Failure to act
• Possession
Mens Rea
• It depends on the intent of the person
• The person must have criminal intent or
“a guilty mind”
• This action must intend harm. Harms
that result from accidents may have
civil liabilities but are not criminal
• General intent, specific intent,
transferred intent, constructive intent
INCOMPLETE CRIMES OR
INCHOATE OFFENSES
• There are three common inchoate
offenses:
-Solicitation
-Conspiracy
-Attempt
SOLICITATION
• Solicitation is a criminal charge against the person
making the offer, command, or encouragement, not
against the person to whom the offer is made.
• It requires specific criminal intent.
• http://www.youtube.com/watch?v=HnPrG9rFp88
CONSPIRACY
• It requires no actus reus other than communication
• If nothing is shared and no steps are taken to actually commit the crime,
then it is not a conspiracy.
• http://www.youtube.com/watch?v=cfg93Q2S-O4
ATTEMPT
• http://www.youtube.com/watch?v=CIUo5L2b6Is
• It is the closest act to the completion of the crime and therefore carries a
greater punishment than conspiracy or solicitation, but a lesser punishment
than if the crime had been completed
• Examples: attempted murder, attempted rape, attempted robbery, etc
CRIMINAL DEFENSES
• Most common defenses include:
- Alibi
- Consent or condoning by the victim
- Entrapment or outrageous government conduct
- Immunity or privilege
- Involuntary actions and duress
- Mistakes or ignorance of Fact or Law
- Necessity
- Self-defense
- Youth
- Insanity
• There are two types of
criminal defenses, which are
perfect and imperfect
defenses.
MODEL PENAL CODE
• A set of guidelines developed in 1962 by the American Law Institute, for what
are considered the best practices or legal codes
• The Model Penal Code classifies crime according to the victim of the crime
• Crimes are classified in the following ways”
1.) Crimes Against the State
2.) Crimes Against the Person
3.) Crimes Against Habitation
4.) Crimes Against Property
CRIMES AGAINST PERSONS
• Homicide: takes into account the harm done to the victim and the different
degrees of criminal intent
• Murder: first-degree murder and second-degree murder
• Manslaughter: there are three categories: voluntary, involuntary, and
vehicular
IMMUNITY: THREE TYPES
Diplomatic
Legislative
Witness
• Grants foreign diplomats
complete immunity from
any criminal prosecution,
including murder and
traffic violations
• Extended to lawmakers
• The defendant admits to
the criminal acts as
charged but, in exchange
for his or her cooperation
with a government
investigation, is granted
immunity form further
prosecution
• Postpones the time that
the legislator can be
arrested until after the
legislative session is
adjourned
PRIVILEGE
• A claim that states that the defendant violated the law but is immune from
punishment because of his or her official office of duty
• Think of cases where certain people have privilege. Why do they get that
privilege? Where do they work? Do you think that this is fair?
CONCLUSION
• This chapter in essence explains what the
role of criminal law is and how the
government controls that and balances
liberty
• Liberty is the condition of being free from
restriction and control
BIBLIOGRAPHY
• http://www.thefreedictionary.com/liberty