Transcript Document 7354039

What is a “law?”
 Norms are behavioral codes that guide people into
actions that conform to societal expectation
 Folkways are everyday norms based on custom,
tradition, or etiquette (violate somebody’s personal
space)
 Mores are norms based on broad societal morals
(illegitimate childbearing)
 Laws are norms supported by codified social
sanctions. BUT: Mores and folkways have
always influenced the law
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Brief History of Law I
 2000 BC Earliest Surviving Legal Codes
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1750 BC Code of Hammurabi: lex talionis
Roman “Twelve Tables”: 451 BC
 “Dark Ages” (500-1000 AD)
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Written codes were lost and superstitions and
fear of magic dominated thinking.
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Brief History of Law II
 Before the Norman Conquest (1060 AD),
the legal system in England was
decentralized.
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Power given to tithings, hundreds and shires.
Several legal/court systems were active
Wergild (compensation) was divided
between the King and victim.
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Development of Common Law
 Norman Conquest (1066 AD)
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William the Conqueror establishes “royal court”
Stare decisis became the dominant standard
 English common law born during the reign of
Henry II (1154-1189)
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“Circuit Judges”
Royal Prosecutors and movement toward national
law
Development of Jury System
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Common Law v. Statutory Law
Common Law is judge-made
law. The law is found in
previously decided cases.
Statutory Laws are derived from
legislative acts that decide the
definition of the behavior that is
codified into law.
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Criminal and Tort Law
 Both seek to control behavior.
 Both impose sanctions (punishments)
 Similar areas of legal action exist: e.g.,
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personal assaults
white-collar offenses like environmental
pollution
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Criminal and Tort Law
 A public offense
 Enforcement is state
business
 Punishment is often
loss of liberties or
sometimes death
 Fines go to the state
 State doesn’t ordinarily
appeal
 Proof beyond a
reasonable doubt
 A civil or private wrong
 Individuals bring action
 Sanction is normally
monetary damages
 Both parties can appeal
 Individuals receives the
compensation for harm
done
 “Preponderance of the
evidence” is required for
a decision.
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Classification of Crime
FELONY
MISDEMEANOR
More serious offenses
Less serious offenses
Punishable by death
or imprisonment for
more than a year in a
state prison.
Punishable by incarceration for less than a
year in a local jail or
house of correction.
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Types of Crime
Mala in Se
Mala Prohibitum
Violations of law
Illegal acts rooted in the
that reflect current
core values inherent in
public opinion and
Western civilization.
social value. Also called
Also referred to as
“statutory crime”
“natural law”
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Substantive vs. Procedural Law
 Substantive Law
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Written code that defines crimes and
punishments
 Procedural Law
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Rules of the court, trials...
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A criminal law must indicate a type
of criminal intent and the specific
elements of a behavior that are illegal.
 Actus Reas
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Physical act must be voluntary
If crime is“Failure to act,” there must be legal
obligation.
 Mens Rea
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General or specific intent
Negligence
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Specific Criminal Defenses
 Deny the Actus Reas (I didn’t do it)
 Deny the Mens Rea
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Ignorance / Mistake
Intoxication?
Insanity Defense
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The Dreaded “INSANITY PLEA”
 Insane in the Membrane?
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“Insanity” is a legal, not clinical term
Different States have different insanity rules:
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M’Naghten Rule
Irresistible Impulse Test
Substantial Capacity Test
 Reality? Defense used in < 1% of cases
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Successful in very few cases
When “successful?”
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Other Specific Criminal
Defenses
 Justifications: Acknowledge actus reas and
mens rea, but…
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Necessity
Duress
Self-defense
Entrapment
Exotic Defenses (PMS, PTSS…insert your
favorite acronym here)
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