Nature Origin Purpose of Criminal Law (1).ppt

The Nature and origin of the Criminal Law in the English Legal System

1. Criminal Law Criminal Law
Chapter 1Chapter 1
Nature, Origins, and Purposes Nature, Origins, and Purposes
of Criminal Lawof Criminal Law

2. Chapter ObjectivesChapter Objectives
1.1.Know the basic definition of lawKnow the basic definition of law
2.2.What distinguishes criminal law from What distinguishes criminal law from
other lawother law
3.3.Define “common law”Define “common law”
4.4.State the principle of “legality”State the principle of “legality”
5.5.Know what the “Model Penal Code” isKnow what the “Model Penal Code” is
6.6.Know the principle purpose of criminal Know the principle purpose of criminal
lawlaw

3. Chapter Objectives Cont..Chapter Objectives Cont..
7.7.Know the 2 justifying theories of Know the 2 justifying theories of
punishment that underlie modern punishment that underlie modern
criminal lawcriminal law
8.8.Define punishment in the criminal Define punishment in the criminal
justice systemjustice system

4. Basic Sources of LawBasic Sources of Law

Law is derived from several sourcesLaw is derived from several sources

Federal, State, and local enactments by Federal, State, and local enactments by
legislative bodieslegislative bodies

Known decisions of the courts of federal Known decisions of the courts of federal
and state governmentsand state governments

Rules and regulations proclaimed by Rules and regulations proclaimed by
government bodies. Example EPA, EPD, government bodies. Example EPA, EPD,
Food and Drug Administration, Securities Food and Drug Administration, Securities
Exchange CommissionExchange Commission

5. Law DefinedLaw Defined

A rule of conduct or procedure A rule of conduct or procedure
established by established by custom,custom, agreement agreement or or
authorityauthority

Examples would be that 1) We marry one Examples would be that 1) We marry one
person in society (person in society (customcustom) 2) Ga and South ) 2) Ga and South
Carolina recognize each other’s drivers Carolina recognize each other’s drivers
licenses (licenses (agreementagreement) 3) We must have a ) 3) We must have a
driver’s license to operate a vehicle on the driver’s license to operate a vehicle on the
road (road (authorityauthority))

6. Black’s Law DictionaryBlack’s Law Dictionary

Law is defined as “That which is laid Law is defined as “That which is laid
down, ordained, or established.down, ordained, or established.

Generally the law could consist of Generally the law could consist of

a culture’s moral code,a culture’s moral code,

the commandments of a religion, the commandments of a religion,

and the regulations enacted by a political and the regulations enacted by a political
bodybody

7. Conflict of LawConflict of Law

Citizens look at religious and moral values Citizens look at religious and moral values
and they also look at rules created by the and they also look at rules created by the
governmentgovernment

Citizens disagree with what behavior should Citizens disagree with what behavior should
be regulated by the governmentbe regulated by the government

Abortion some same as murder and others say it is Abortion some same as murder and others say it is
okok

Physician assisted suicidePhysician assisted suicide

The use of Reproductive technologyThe use of Reproductive technology

Gambling, prostitution, and drug useGambling, prostitution, and drug use

8. Conflict of Law ContinuedConflict of Law Continued

Colorado allows possession of up to one Colorado allows possession of up to one
ounce of marijuana in the city limits of ounce of marijuana in the city limits of
Denver and other states have a zero Denver and other states have a zero
tolerancetolerance

Georgia has a lottery system (gambling) Georgia has a lottery system (gambling)
whereas other states do notwhereas other states do not

9. Conflict of LawConflict of Law

In the American In the American
Colonies witchcraft was Colonies witchcraft was
punishable by death punishable by death
under British Law.under British Law.

This was derived from This was derived from
the old church the old church
persecutions of people persecutions of people
who practiced beliefs who practiced beliefs
other that Christianityother that Christianity

In Salem Mass 19 In Salem Mass 19
women and one man women and one man
was hanged as witches was hanged as witches
in 1692in 1692

10. Development of Written LawsDevelopment of Written Laws

Man has sought Man has sought
over the years to over the years to
minimize turmoil minimize turmoil
and chaos in society and chaos in society
by imposing rules in by imposing rules in
which to live. which to live.

The timeframe has The timeframe has
been from the kings been from the kings
and conquerors to and conquerors to
the US Constitutionthe US Constitution
Dead Sea Scrolls
US Constitution

11. Origination of Ancient LawsOrigination of Ancient Laws

1st known written laws 1st known written laws
were found on clay were found on clay
tablets in Ur in Sumeria tablets in Ur in Sumeria
5000 years ago5000 years ago

King Hammurabi ruled King Hammurabi ruled
Babylonia from 1792 to Babylonia from 1792 to
1750 and developed the 1750 and developed the
code of Hammurabi code of Hammurabi
which consisted of 282 which consisted of 282
laws that dealt with laws that dealt with
marriage, divorce, debt, marriage, divorce, debt,
wages and slavery.wages and slavery.

The laws were carved The laws were carved
on an 8 foot monumenton an 8 foot monument

12. Emergence of English and Emergence of English and
American Common LawAmerican Common Law

Every Ancient Nation Every Ancient Nation
developed formal legal codesdeveloped formal legal codes

The American legal system The American legal system
derives primarily from that of derives primarily from that of
EnglandEngland

Before the Norman conquest Before the Norman conquest
the church in England played the church in England played
a major role in administering a major role in administering
the lawthe law

William the Conqueror William the Conqueror
established a court with established a court with
judges who traveled judges who traveled
throughout the kingdom throughout the kingdom
once every 7 years to hear once every 7 years to hear
cases as representatives of cases as representatives of
the Kingthe King

13. Common LawCommon Law

The decisions of the traveling judges formed The decisions of the traveling judges formed
a large part of England’s a large part of England’s common lawcommon law

Common law Common law is law that is created by Judicial is law that is created by Judicial
Opinion which has set precedents that are Opinion which has set precedents that are
still followed today.still followed today.

Common law Common law was developed through was developed through
interpretations and elaborations of the interpretations and elaborations of the
concept of violence until crimes were concept of violence until crimes were
recognized such as homicide, robbery, arson, recognized such as homicide, robbery, arson,
assaultassault

In the 16In the 16
thth
Century Parliament began adding Century Parliament began adding
specific crimes to the common law offensesspecific crimes to the common law offenses

14. Emergence of Modern Criminal Emergence of Modern Criminal
LawLaw

Upon establishment of Upon establishment of
the 13 original colonies the 13 original colonies
they adopted England’s they adopted England’s
common lawcommon law

As the county developed As the county developed
the laws of the U.S. the laws of the U.S.
developed separately developed separately
from Englandfrom England

Eventually statutory law Eventually statutory law
replaced common law as replaced common law as
it was developed by the it was developed by the
legislatures of the state legislatures of the state
and federal governmentsand federal governments

15. Criminal LawCriminal Law Verses Verses Civil LawCivil Law

Today we have Today we have criminal lawcriminal law violations violations
called called “crimes”“crimes”

We also have a system of We also have a system of civil lawcivil law
violations called violations called “torts”“torts”

Criminal Law is different from all other Criminal Law is different from all other
types of laws, and civil law as well types of laws, and civil law as well
because criminal violations create social because criminal violations create social
harmharm

Example- Rape is wrong and harmfulExample- Rape is wrong and harmful

16. Civil LawCivil Law

Civil lawCivil law deals with deals with
matters that are matters that are
considered to be considered to be
private concerns private concerns
between individualsbetween individuals

Deals with personal Deals with personal
injury, contracts, injury, contracts,
property and property and
administrative lawadministrative law

A civil violation is a A civil violation is a
“tort”“tort”

17. Acts that Meet Criminal and Civil Acts that Meet Criminal and Civil
DefinitionsDefinitions

If someone steals another person’s If someone steals another person’s
property they can be charged with an property they can be charged with an
offense against the state (Ga Code offense against the state (Ga Code
OCGA 16-8-2) and punished with a fine OCGA 16-8-2) and punished with a fine
or imprisonmentor imprisonment

They can also be held accountable to They can also be held accountable to
the individual and be required to pay the individual and be required to pay
restitution under civil lawrestitution under civil law

18. Purpose of Criminal LawPurpose of Criminal Law

The purpose of The purpose of criminal criminal
lawlaw is to prevent and is to prevent and
control crimecontrol crime

We do this by punishing We do this by punishing
individuals who violate individuals who violate
criminal lawcriminal law

How do we decide what How do we decide what
to criminalize and what to criminalize and what
to decriminalize?to decriminalize?

By what the majority By what the majority
thinks of as crimethinks of as crime

Ex Rape, Robbery, murder, Ex Rape, Robbery, murder,
assault, burglary, and theftassault, burglary, and theft

19. Elements of a CrimeElements of a Crime

A crime has 5 Elements and a crime is A crime has 5 Elements and a crime is
committed when all 5 elements are presentcommitted when all 5 elements are present
1.1.A willed unlawful act, the A willed unlawful act, the actus reusactus reus
2.2.A guilty mind, theA guilty mind, the mens rea. mens rea.
3.3.A concurrence of act and mental stateA concurrence of act and mental state
4.4.The occurrence of harm to a person, The occurrence of harm to a person,
property, or societyproperty, or society
5.5.A causal relationship between the act and A causal relationship between the act and
the harmthe harm

20. Statutory Criminal LawStatutory Criminal Law

All 50 states and the All 50 states and the
federal government have federal government have
their own separate set of their own separate set of
criminal statuescriminal statues

No state is bound by the No state is bound by the
criminal laws of another criminal laws of another
statestate

Federal Criminal Law has Federal Criminal Law has
expanded to situations expanded to situations
where Federal where Federal
Jurisdiction Extends. Ex Jurisdiction Extends. Ex
Michael VickMichael Vick

21. Overlapping JurisdictionsOverlapping Jurisdictions

Michael Vick plead guilty Michael Vick plead guilty
to dog fighting charges to dog fighting charges
in Virginia after a Federal in Virginia after a Federal
Indictment was handed Indictment was handed
downdown

The State of Virginia is The State of Virginia is
now pursuing the matter now pursuing the matter
as wellas well

He transported dogs He transported dogs
across state lines for the across state lines for the
purpose of fighting thempurpose of fighting them

22. The Principle of LegalityThe Principle of Legality

LegalityLegality is the principle that no one can be is the principle that no one can be
punished for an act that was not defined punished for an act that was not defined
as criminal before the person did the actas criminal before the person did the act

This means there is no crime if there is no law This means there is no crime if there is no law
and no punishment if there is no crimeand no punishment if there is no crime

We want criminal statutes to be understandable and We want criminal statutes to be understandable and
reasonable to law-abiding peoplereasonable to law-abiding people

Statues should be drawn so as not to leave basic policy Statues should be drawn so as not to leave basic policy
matters up to policemen, judges, and juriesmatters up to policemen, judges, and juries

Vague statutes should be biased in favor of the Vague statutes should be biased in favor of the
defendantdefendant

23. DaytimeDaytime VS VS NighttimeNighttime Burglary Burglary

Most states have Most states have
abolished common law abolished common law
crimes but the statues crimes but the statues
themselves have vague themselves have vague
or general language or general language
which leaves it to which leaves it to
interpretation by the interpretation by the
courtscourts

Nighttime burglary is a Nighttime burglary is a
more serious offense more serious offense
but ”nighttime” was not but ”nighttime” was not
defined in many statues defined in many statues
requiring the courts to requiring the courts to
decidedecide

24. Development of the Model Penal Development of the Model Penal
CodeCode

The American Law Institute which was an The American Law Institute which was an
organization of judges, lawyers, and legal organization of judges, lawyers, and legal
scholars was founded in 1923 because of the scholars was founded in 1923 because of the
dissatisfaction with the criminal lawdissatisfaction with the criminal law

In 1931 a proposal for a model code was In 1931 a proposal for a model code was
presented but the depression prevented presented but the depression prevented
funding of the projectfunding of the project

In 1950 the Rockefeller Foundation donated In 1950 the Rockefeller Foundation donated
money and the project was rekindled and money and the project was rekindled and
completed in 1962 after 13 draftscompleted in 1962 after 13 drafts

25. Model Penal CodeModel Penal Code

The MPC is a The MPC is a
comprehensive comprehensive
recodification of the recodification of the
principles of responsibilityprinciples of responsibility

The drafters relied on The drafters relied on
existing sources of existing sources of
criminal law, codes, criminal law, codes,
judicial opinion, and judicial opinion, and
scholarly inputscholarly input

A majority of the states A majority of the states
have revised their criminal have revised their criminal
codes as a result of the codes as a result of the
MPC MPC

26. Growth of Federal Criminal LawGrowth of Federal Criminal Law

Prior to the civil war Prior to the civil war
there was very little there was very little
Federal Criminal LawFederal Criminal Law

Punishment was left Punishment was left
mostly to the statesmostly to the states

Since the Civil War Since the Civil War
Congress has enacted Congress has enacted
laws from civil rights, use laws from civil rights, use
of the mail, commerce, of the mail, commerce,
narcotics, extortion, narcotics, extortion,
interstate travel for interstate travel for
illegal activities, and illegal activities, and
organized crimeorganized crime

27. Punishment in the SystemPunishment in the System

If criminal law is violated then a If criminal law is violated then a
punishment is imposed punishment is imposed

PunishmentPunishment is not handed out solely by is not handed out solely by
the criminal justice systemthe criminal justice system

Parents, teachers, religious leaders, and Parents, teachers, religious leaders, and
others punish their children, students, and others punish their children, students, and
parishionersparishioners

PunishmentPunishment is usually in the form of is usually in the form of
inflicted pain or something unpleasantinflicted pain or something unpleasant

28. Punishment in the SystemPunishment in the System

Criminal law depends Criminal law depends
on the threat of on the threat of
punishment to define it. punishment to define it.
ExampleExample

Misdemeanors- Up to 1 Misdemeanors- Up to 1
yr confinementyr confinement

Felonies-Not less that Felonies-Not less that
one nor more than 5 one nor more than 5
years confinementyears confinement

Premeditated Murder- Premeditated Murder-
Penalty is deathPenalty is death

29. Retributive TheoryRetributive Theory

The retributive The retributive
theory is that a theory is that a
wrongdoer deserves wrongdoer deserves
punishment and is punishment and is
expressed in the expressed in the
term “Just Desserts”term “Just Desserts”
Wooden wedges driven
between the toes in ancient
times

30. General DeterrenceGeneral Deterrence

General DeterrenceGeneral Deterrence is the effect that the is the effect that the
punishment of the offender will have in punishment of the offender will have in
causing other people in the community to causing other people in the community to
refrain from committing the same crimerefrain from committing the same crime

31. Individual DeterrenceIndividual Deterrence

Individual DeterrenceIndividual Deterrence is is
the effect that the the effect that the
imposition of punishment imposition of punishment
upon the wrongdoer will upon the wrongdoer will
have in causing him her have in causing him her
to refrain from repeating to refrain from repeating
the act.the act.

To effect this the To effect this the
punishment must be punishment must be
severe enough to severe enough to
outweigh the benefits outweigh the benefits
gained from committing gained from committing
the crime the crime
The whiriligig was spun until
you threw up

32. IncapacitationIncapacitation

Incapacitation is the Incapacitation is the
removal or restriction removal or restriction
of freedom of those of freedom of those
who have violated who have violated
criminal laws.criminal laws.

The primary means is The primary means is
imprisonmentimprisonment

We now have 3 strike We now have 3 strike
laws for those laws for those
convicted of serious convicted of serious
crimes three timescrimes three times

33. ReformReform

ReformReform consists of consists of
rehabilitative rehabilitative
therapy and therapy and
educationeducation

In recent years this In recent years this
type of treatment type of treatment
has fallen out of has fallen out of
favor with societyfavor with society

34. VengeanceVengeance

Vengeance Vengeance is the is the
imposition of the imposition of the
punishment in the punishment in the
context of an context of an “eye “eye
for an eye”for an eye”

VengeanceVengeance satisfies satisfies
the victim, their the victim, their
families and friends.families and friends.

It makes It makes
punishment a punishment a
worthwhile causeworthwhile cause

35. ClosingClosing

During the 1970’s American reacted During the 1970’s American reacted
against rehabilitationagainst rehabilitation

The prison system has seemed to The prison system has seemed to
produce more hardened criminals than produce more hardened criminals than
reformed onesreformed ones

Penalties are set to the seriousness of Penalties are set to the seriousness of
the offense without broad discretion the offense without broad discretion
such as mandatory sentencing, and such as mandatory sentencing, and
sentencing according to guidelinessentencing according to guidelines

36. The End
The EndThe End

The EndThe End