This week, we will be discussing law and procedure in the U.S. from Chapter 3 of our text. This our chance to challenge the ideas of substantive and criminal law. What is an excuse defense?A...

This week, we will be discussing law and procedure in the U.S. from Chapter 3 of our text. This our chance to challenge the ideas of substantive and criminal law.

What is an excuse defense?A justification defense?How are these types of criminal defenses different?Finally, in your own words, create an both an excuse defense and justification defense (for any offense you choose) to show that you clearly understand the differences.


Please discuss the differences and similarities between criminal and civil law.Next discuss the “goals of substantive criminal law” highlighted in Chapter 3.Explain what they are and choose 3 to give your opinion on.

No Slide Title Chapter 3 Criminal Law: Substance and Procedure 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 criminal law Be familiar with the elements of a crime Define the term “strict liability” Be able to discuss excuses and justification defenses for crimes Learning Objectives Be familiar with the most recent developments in criminal law reform Describe the role of the Bill of Rights in shaping criminal procedure List the elements of due process of law Know about the role the Supreme Court plays in interpreting the Constitution and shaping procedural law Rule of Law Historical Development of Criminal Law Babylonian Code of Hammurabi (2000 BCE) Concept of proportionality Lex Talionis Latin for law as retaliation An eye for an eye Mosaic Code of the Israelites (1200 BCE) The ‘Ten Commandments’ Wergild (wer means worth) Legal system featuring monetary compensation Determines what a crime is worth Common Law & the Principle of Stare Decisis Stare Decisis To stand by decided cases The decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged 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 U.S. Constitution Crimes & Classifications Elements of a crime Actus Reus An illegal act Failure to act when the law requires it Act must be voluntary and deliberate 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 For an act to constitute a crime, the law requires that there must be a connection made between the guilty act and a person’s intent to do harm. Strict Liability Exceptions to mens rea are strict liability crimes - illegal acts that do not require a showing of intent Example: illegal dumping of toxins Criminal Defenses When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused Defenses presented: An argument that the wrong person was arrested An argument of excuse An argument of justification Excuse Defenses Defendants claim that they should be excused from criminal responsibility because their actions were out of their own control: 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 Justifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion: Consent Self-Defense Stand Your Ground Entrapment Duress Necessity Reforming the Criminal Law In recent years, many states and the federal government have been examining their substantive criminal law: In some instances, new laws have been created to conform to emerging social issues and to deal with threats to people and the environment Creating New Crimes Physician-Assisted Suicide Stalking Community Notification Laws Controlling Technology Protecting the Environmental Legalizing Marijuana Fighting Terrorism Constitutional Criminal Procedure Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments): Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment Fourteenth Amendment Due Process of Law The concept of due process, found in both the Fifth and Fourteenth Amendments, has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system Two Distinct Categories of Due Process: Substantive Due Process Procedural Due 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