Substantive Law 19 02 2014 12 21 00 What is its purpose Defines actions that the government can punish as well as the punishments for such offenses Often called penal code Who writes these laws Congress state legislatures city councils Felonies Serious crimes typically carry a prison sentence of 1 or more years up to death Misdemeanors Less serious than felonies incarceration of no more than a year in jail possibly probation or other intermediate sanction These laws change over time Prison population increase cost increase the need to better filter offenders Model Penal Code The American Law Institute developed this code in attempt to standardize statues across the states Many states implemented changes in the 60s and 70s Elements of a Crime Legality o The act must be defined by law as a crime o An act of commission or omission by the accused o Guilty act o There must be a causal relationship between an act and the Actus Reus Causation harm suffered Harm o An act must cause harm to some legally protected value o Can be person property or other object deemed fit o Intent and act must be present at the same time Concurrence Mens Rea Punishment o Guilty mind o Related to the notion of intent o Must be a provision in the law calling for the punishment of those found guilty of violating the law o Punishment can carry with it social stigma a criminal record loss of freedom and loss of rights Defenses Justifications circumstances Self Defense o Focus on whether the act was socially acceptable under the Defendant felt that she he was in immediate danger of being harmed by another person Level of force used cannot exceed the person s reasonable perception of threat Necessity Breaks the law in order to save themselves or prevent some greater harm Excuses o Focus on whether the actor defendant fulfilled the elements required for being held responsible under Duress Coercion Commits a crime because coerced by another Government agents have induced the person to person Entrapment commit the offense Lack of intent Infancy Also called immaturity Based on the recognition that children do not yet have the capacity to think about and understand appropriate behavior Mistake of Fact Accused made a mistake on some crucial fact NOT the same as not knowing the law Intoxication Insanity A person is tricked into consuming a substance without knowing that it may cause intoxication Know the 5 tests of criminal responsibility involving insanity Wrap Up Terms to Know o Self incrimination o Double jeopardy o Grand jury o Civil Law o Substantive criminal law o Procedural criminal law o Felonies o Misdemeanors o Moral Penal Code o Seven principles of crime o Defenses o Inchoate offense 19 02 2014 12 21 00 19 02 2014 12 21 00
View Full Document
Unlocking...