Learning Objective 1
 List the four written sources of American
criminal law
Written Sources of American
Criminal Law
① Constitutional Law
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The law as expressed in the U.S. Constitution and the
various state constitutions
The U.S. Constitution is the supreme law of the land
State constitutions are supreme within state borders to
the extent that they do not violate the U.S. Constitution
or federal law
② Statutory Law

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Laws or ordinances created by federal, state and local
legislatures and governing bodies
None of these laws can violate the U.S. Constitution or
the relevant state constitution
Uniform laws, when adopted by a state legislature
become statutory law in that state
Written Sources of American
Criminal Law

Administrative Law

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The rules, orders, and decisions of federal or state
government administrative agencies
Federal administrative agencies are created by
enabling legislation enacted by the U.S. Congress
Agency functions include rule making,
investigation, enforcement, and adjudication
Case Law and Common Law Doctrines


Judge-made law including interpretations of
constitutional provisions, of statutes enacted by
legislatures, and of regulations created by
administrative agencies
Common law – doctrines and principles embodied
in case law – governs all areas not covered by
statutory law
Learning Objective 2
 Explain the two basic functions of criminal
law
The Purposes of Criminal Law

Protect and Punish: The Legal Function of the
Law
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Maintain social order by protecting citizens from
criminal harm
Includes harms to both individuals and society in
general
Maintain and Teach: The Social Function of the
Law
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Expressing public morality
Teaching social boundaries
Learning Objective 3
 Discuss the primary goals of civil law and
criminal law, and explain how these goals
are realized
Issue
Civil Law
Criminal Law
Area of Concern
Rights and duties between
individuals
Offenses against society
as a whole
Wrongful Act
Harm to person or
business entity
Violation of statute that
prohibits some type of
activity
Party who brings
suit
Person who suffered harm
(plaintiff)
The state (prosecutor)
Party who responds
Person who supposedly
caused harm (defendant)
Person who allegedly
committed a crime
(defendant)
Standard of proof
Preponderance of the
evidence
Beyond a reasonable
doubt
Remedy
Damages to compensate
for the harm
Punishment (fine or
incarceration)
Classification of Crimes

Felony Crimes
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
Capital
1st degree
2nd degree
3rd degree
Misdemeanor Crimes

Crimes punishable by
death or imprisonment
for one year or longer
Graded by level of
seriousness
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Crimes punishable by
fines or by confinement
for up to one year
Graded by level of
seriousness
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Gross misdemeanor
Petty misdemeanor
Infractions
Learning Objective 4
 Explain the differences between crimes
mala in se and mala prohibita
Mala In Se and Mala Prohibita

Mala in se
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Acts that are inherently wrong, regardless of
whether they are prohibited by law
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
Examples:
 Murder
 Sexual Assault
Mala prohibita

Acts that are made illegal by criminal statute and
are not necessarily inherently wrong

Examples:
 Prostitution
 Bigamy
The Elements of a Crime

Actus reus

Criminal Act


Crimes may be acts of commission, or acts of
omission, or even attempted acts
Corpus Delicti
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The body of the crime

Criminal law normally requires that the corpus
delicti be proved before a person can be convicted
of wrongdoing
Learning Objective 5
 Delineate the elements required to
establish mens rea
Focus Question
Read the caption under the photograph on
page 75, explain why you think Dr. Murray
was convicted of involuntary manslaughter as
opposed to murder or voluntary
manslaughter?

Murray's "callous disregard for Mr. Jackson's health and
safety was shown throughout the trial from the manner in
which he administered a number of dangerous drugs to Mr.
Jackson without the appropriate medical equipment,
precautions or personnel in place, and to the manner in
which he left Mr. Jackson unattended," the opinion states.
Mental State: Mens Rea

Mens Rea
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A guilty mental state
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A wrongful mental state is as necessary as a
wrongful act in establishing guilt

Includes elements of purpose, knowledge,
negligence, and recklessness
The Elements of a Crime

Strict Liability
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Accomplice Liability
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Offenses hold the defendant guilty even if intent to
commit the offense is lacking
Suspects can be charged for crimes they did not
actually commit if it can be proven they acted as an
accomplice
Concurrence

There must be concurrence between the guilty act
and the guilty intent
The Elements of a Crime
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Causation
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Attendant Circumstances

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The criminal act must have caused the harm
suffered
Facts surrounding an event that must be proved
for the event to be considered a criminal act
Harm

Damages resultant from the criminal act

Inchoate offenses are conduct deemed criminal
without actual harm being done

Robert, 82, fatally shot his wife (Peggy), 76, while
she slept. They were married for 52 years. Several
months prior to the incident, Peggy had surgery for
colon cancer. She lost 50 lbs., was incontinent, and
suffered from Alzheimer's. Doctors gave her a year
to live. Before her health failed, Peggy was a vibrant
women but had become depressed and pleaded
with him that she didn’t want to live that way.
Robert was arrested for 2nd degree murder, but
plead guilty to manslaughter. This is a clear
example of mercy killing, which occurs about 2,500
times annually and is increasing.
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Should this be a crime? If yes, what is an appropriate
punishment? If no, what are the implications of
legalizing mercy killings?
One of the elements of crime is harm. What is the
harm in mercy killing?
Learning Objective 6
 List and briefly define the most important
excuse defenses for crimes
Defenses Under Criminal Law

Excuse Defenses

These defenses apply
when the actor lacks
the requisite mental
condition to form intent

Justification Defenses

These defenses apply
when the defendant
admits to the criminal
act, but argues that the
act was justified
.Focus Activity:
 Read Figure 3.1 on page 79.
 Do you agree with the Prosecutors decision
to charge Maggie Jean Wortmon with
second degree murder? Why or Why Not.
 Write a well developed answer.
 Remember, you could see this
on the open notes test.
Defenses Under Criminal Law

Intoxication
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When the defendant claims that the taking of
intoxicants rendered him/her unable to form the
requisite intent to commit a criminal act
Mistake
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Mistake of fact
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Rarely used as a defense strategy
Mistake of Law

Can be used as an an excuse or allow for a lighter
sentence
Defenses Under Criminal Law

Infancy
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Youthful offenders cannot understand the
consequences of their actions
Insanity
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A person cannot have a guilty the state of mind if
s/he
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Does not know his/her conduct was wrong or
criminal
Does not perceive the consequences of his/her
conduct
Can’t sufficiently control his/her conduct
Read Myth vs Reality, Answer the Critical Analysis.
The Insanity Defense: Tests to
Establish Legal Insanity
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M’Naughten Rule
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ALI/MPC Test
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A person is insane if they can’t, at the time of the
crime, distinguish right from wrong
The defendant must lack the capacity to
appreciate the wrongfulness of his/her conduct
Irresistible Impulse Test
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A person is insane if some “irresistible impulse”
resulting from a mental deficiency drove him or
her to commit the crime
Learning Objective 7
 Describe the four most important
justification criminal defenses
Defenses Under Criminal Law

Necessity
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Circumstances required the defendant to commit
the act
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Exception: Murder
Entrapment
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The defendant claims (s)he was induced by police
to commit the act

The act of inducing someone to commit a crime in
order to arrest them.
Defenses Under Criminal Law

Duress
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The defendant is threatened with seriously bodily
harm, or coercion which induces him/her to
commit the crime
Self-Defense
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The legally recognized privilege to protect one’s
self or property
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A reasonable belief
Duty to retreat v. stand your ground
Focus Question

Read Question 3, page 93. Answer the question,
justify your answer. What other details might you
need to be sure of your answer?

Involuntary Manslaughter: Was there any intent to
kill?

Voluntary Manslaughter: was the intent to kill
present? Was malice lacking? Was it a crime of
passion?

A retired Texas firefighter was convicted of fatally shooting his
unarmed neighbor during a dispute over a noisy party. Rodriguez
was angry about the noise coming from Danaher's home, where
the family was having a birthday party for Danaher's wife and
daughter. Rodriguez went to the home and argued with Danaher.
In a video he recorded that night, Rodriguez says, "my life is in
danger now…these people are going to go try and kill me." He
then said, "I'm standing my ground here," and shot Danaher.
During the trial, defense claimed Rodriquez was within his rights
under the “stand your ground law.” He faces life in prison.
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The prosecutor argued the “stand your ground law” was not applicable
because Rodriquez provoked the attack. Do you agree or disagree?
Rodriquez’s reference to standing his ground is similar to the claim made
by George Zimmerman, a neighborhood watch volunteer who fatally shot
an unarmed teenager in FL. What are some similarities and differences
between these two cases?
Will these similarities/differences be helpful or hurtful to Zimmerman’s
defense?
Protecting Civil Liberties
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Substantive Criminal Law:
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Law that defines the acts that the government will
punish
Procedural Criminal Law:

Procedures, drawn from the Bill of Rights,
designed to protect the constitutional rights of
individuals
The Bill of Rights

Important Amendments for criminal proceedings:

4th Amendment
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5th Amendment
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Guarantees a speedy and public trial by a jury, the
right to confront witnesses, and the right to counsel
8th Amendment
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Can’t be deprived of life, liberty or property without
“due process”
6th Amendment
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Protection from unreasonable searches and seizures
Prohibits excessive bails, fines, and cruel/unusual
punishments
14th Amendment
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Provides due process and equal protection of the
laws

Johnny and Martin are in a bar drinking beer and talking.
Sharon walks in and starts talking to Johnny. Martin gets
jealous because he was engaged to be married to Sharon and
they only recently broke up. Martin gets so mad that he starts
to yell at Johnny. He then swings at Johnny and misses.
Martin falls to the ground and passes out. Johnny gets so
mad that he stabs Martin in the back and kills him.
 If the above case would make it to court which
party would be the plaintiff?
 a.
The bar owner
 b.
Johnny
 c.
Martin’s family
 d.
Sharon

United States v. Jones - The Government obtained a search warrant
to install a GPS tracking device on a vehicle registered to Jones’
wife. The warrant authorized installation in DC within 10 days of the
issued date. The GPS was installed on the 11th day and while the
vehicle was in MD. The Government tracked the vehicle for 28 days
before indicting Jones on drug trafficking conspiracy charges. The
trial judge suppressed the GPS data obtained while the vehicle was
parked at Jones’ residence, but held that the remaining data was
admissible because Jones’ had no reasonable expectation of
privacy when the vehicle was on public streets. He was convicted,
but appealed. The DC Circuit court reversed the lower courts ruling,
concluding that the admission of the evidence obtained by the GPS
violated the 4th Amendment. In Jan 2012, the Supreme Court
affirmed the Circuit Court’s ruling.
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Do you agree with the Supreme Court’s decision?
Is this justification for Jones to “get away” with his alleged criminal
activity?
This case highlights some challenges law enforcement face in trying to
use new technologies in their police work. How can police continue to
use these technologies without trampling on our procedural rights?
Learning Objective 8
 Explain the importance of the due process
clause in the criminal justice system
Due Process

Procedural Due Process
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The constitutional requirement that the law must
be carried out in a fair and orderly manner
Substantive Due Process

The constitutional requirement that laws used in
accusing and convicting persons of crimes must
be fair
Law may be broken down according to various classifications.
Which of the following is not one of these classifications?
a
.
b
.
c
.
d
.
Civil law and criminal law
Felonies and misdemeanors
Mala in se and Mala prohibita
Tort crimes and civil crimes