1


Law refers to:
A _______________ , generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. Laws channel human behavior & contribute to public order.

Statutory law is often the result of moral enterprise by interest groups that, through the exercise of political power, are successful in seeing their __________________ enacted into law.
2

What Do Laws Do?

_____________________

Promote orderly social change

Regulate human interaction

Enforce moral beliefs

Support the powerful

Sustain individual rights

Redress wrongs

__________________

Define the economic environment

Enhance predictability

Mandate punishment and retribution
3


____________ refers to:
Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws.

____________ refers to:
The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.
4

 Courts interpret the statutory laws.



Case law — law that results from judicial decisions.
 Judicial precedent


Built on legal reasoning and past interpretations of statutory law


Guides decision making, especially in the courts
_____________ — the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices, which may be supported by judicial decisions.
5


____________ holds that an orderly society must be governed by established principles
& known codes applied uniformly & fairly to all of its members.
Maxim that an orderly society must be governed by
_________________ and known codes that are applied uniformly and fairly to all of its members.
The rule of law has been called the greatest political achievement of our culture!
6


Elements of the rule of law

Freedom from private lawlessness provided by the legal system of a politically organized society.

A relatively _______________________ in the formulation of legal norms and a like degree of evenhandedness in their application
7


Elements of the rule of law

Legal ideas and juristic devices for the attainment of individual and group objectives within the bounds of ordered liberty

Substantive and procedural limitations on
________________ in the interest of the individual for the enforcement of which there are appropriate legal institutions and machinery
8


“Americans are free to disagree with the law, but
________________ …”
- President John F. Kennedy

Jurisprudence refers to:
The philosophy of the law or science and the study of the law.
9

Criminal law (also known as ________) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order.

Crimes injure not just individuals, but
_________________

Punishment for violators of criminal law is justified by the fact that the offender intended the harm and is responsible for it.
10


1.
2.
There are two types of written criminal law:
Substantive law — describes which acts constitute crimes and specifies punishments for those acts.
Procedural law — specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system. There are numerous _________ among jurisdictions.
11


Civil law refers to:
The branch of modern law that _________________ between parties.

Civil law contains rules for ___________ and social obligations.

______ refers to:
A wrongful act, damage, or injury not involving a breach of contract. Also, a private or civil wrong or injury.
12


Administrative law refers to:
The body of regulations that governments have created to control the activities of industry, business, and individuals.

Includes laws such as:

__________

Vehicle registration laws

Health codes

__________

Environmental restrictions

Immigration
13


___________ refers to:
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.

___________ refers to:
A legal principle that requires that in subsequent cases on similar issues of law and fact, courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them.
 Creates predictability in the law
14


Procedural law refers to:
The part of the law that specifies the methods to be used in _________________

It includes general rules of evidence, search and seizure, procedures to be followed in an arrest, and other specified processes.

Procedural laws balance _______________ against the state’s interested in speedy and efficient case processing.
15


Felonies

__________

Misdemeanors

__________

__________

Treason and espionage

Inchoate offenses
16


Felony refers to:
A serious criminal offense punishable by _______ or by incarceration in a prison facility for at least one year.

There is a move to a scheme of classifying the seriousness of felonies.

Crime classified as a felony in one part of the country may be a ______________ in another.
17


Misdemeanors refer to:
An offense punishable by incarceration, usually in a
___________________ , for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less.

Most receive suspended sentences involving a fine and supervised probation.

Normally, an officer cannot arrest for a misdemeanor unless it was committed in the _________________.
18


Offense refers to:
A violation of the criminal law.

Often used to refer to minor violations.

Infraction refers to:
A minor violation of state statute or local ordinance punishable by a fine or other penalty or by a specified, usually _____ term of incarceration.
19


________ refers to:
“A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States.”

_________ refers to:
The “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States and may be used to their advantage. Can be committed by non-citizen.
20


Inchoate offense refers to:
An offense _______________ . Also, an offense that consists of an action or conduct that is a step toward the intended commission of another offense.

Conspiracy

________
21

1.
Actus reus (the criminal act)
2.
Mens rea (a culpable mental state)
3.
_______________________
22

the guilty act

There has to be an act. Thoughts alone are not sufficient to constitute a crime.

To be something (like a drug addict) is not enough.

Actus reus can include:

Threats

Omission to act

Attempted criminal acts

_________________
23

four
1.
Purposeful
2.
Knowing
3.
Reckless
4.
Negligent
24


Reckless behavior refers to:
Activity that increases the risk of harm.

________________ refers to:
Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

Motive refers to:
A _____________ for committing a crime.
25


Strict liability refers to:
Liability without fault or intention. Strict liability offenses do ____________ mens rea .

Based on the presumption that causing harm is in itself blameworthy. Absolute liability offences.

Routine traffic offenses

Narcotic laws

______________
26


The _____________ of (1) an act in violation of the law and (2) a culpable mental state. Requires the guilty mind and guilty act occur together for a crime to take place.
27


Some scholars argue that additional principles must be present:

Causation

________________

Principle of legality ( ________________ )

________________

Necessary attendant circumstances
28


Element (of a crime) refers to:
In a specific crime, one of the essential features of that crime, as _____________________.

Example: Murder

An unlawful killing

Of a human being

Intentionally

With planning (or “ ___________________ ”)
29


Corpus delicti refers to:
The facts that show that a crime has occurred. “ The body of the crime”.

A person cannot be tried for a crime unless it can first be shown that the _______________ .

That a certain result has been produced.

That a person is criminally responsible for its production.
30


___________ refers to:
A system of laws, operative in some Arab countries, based on the Muslim religion and especially the holy book of Islam, the Koran ( Qur’an )

_____________ to acts of terrorism or jihad

Hudud crimes: offense against Allah

Tazir crime: offense against society
31


Defense (to a criminal charge) refers to:
Evidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge.

Categories of defense:
–
________
–
Justification
–
Excuses
–
_______________
32


Alibi refers to:
A statement or contention by an individual charged with a crime that he or she ________
_________ when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.
33


Justification refers to:
Legal defense in which the defendant admits to committing the offense but claims it was necessary in order to avoid some greater evil.

Categories of justifications:
–
_____________
–
Necessity
–
Defense of others
–
__________
–
Defense of home & property
–
Resisting unlawful arrest
34

•
•
claim it was necessary to inflict pain on another to ensure one’s own safety in the face of near-certain injury or death.
—
If the opportunity to escape exists, the courts require the victim take that opportunity and flee. If the opportunity to flee does not exist, then the victim can use reasonable force to defend themselves.
•
•
______________ – can use reasonable force to defend others ( alter ego rule )
Defense of Home/Property
non-deadly force
35


Necessity – prevent greater harm

_________ – victim consented to the crime

Resisting Unlawful Arrest – right to resist arrest if believe it is unlawful
36


Excuse refers to:
A legal defense in which the defendant claims that some
_______________ or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

Categories of excuses :
–
Duress
–
Age
–
Mistake
–
________________
–
Unconsciousness
–
_______________
–
Insanity
–
Diminished capacity
–
Mental incompetence
37

38


Insanity is:
A legal defense based on claims of mental illness or
_______________ .

M’Naghten rule

A rule for determining insanity, which asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was ________________.
39


Irresistible impulse

The defendant knew what he or she was doing and that it was wrong, but could ______________

Durham rule

A person is not criminally responsible for his or her behavior if the person’s illegal actions were the result of some _________________
40


Substantial capacity test

Found in the Model Penal Code, it suggests that insanity should be defined as the lack of a substantial capacity to ____________________

Brawner rule

Places responsibility for deciding insanity squarely with the _______
41


Guilty but mentally ill (GBMI)

Every statutory element necessary for a conviction has been proved beyond a reasonable doubt.

The defendant is found to have been ________ at the time the crime was committed.

The defendant was not found to have been ______
_________ at the time the crime was committed.
42


Other insanity defenses include:




_________________



Insanity defense under Federal law
Diminished Capacity
Mental Incompetence
Consequences of an insanity ruling

Psychiatric treatment until cured
___________ declare any potential criminal cured
Insanity under Federal Law – Insanity Defense
Reform Act 1984
43


Procedural defense refers to:
A defense that claims that the defendant was in some significant way ________________ in the justice process or that some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.

Categories of procedural defense :
–
______________
–
Double Jeopardy
–
Collateral estoppel
–
Denial of a speedy trial
–
Selective prosecution
–
Police fraud
44