Chapter 2

Summary:
The laws in place today in the United States originated from a long line of historical events, including the lex talionis laws of Hammurabi, the Mosaic Code of the Israelites, and common law developed by the English.  Criminal law differs significantly from civil law in prosecution, burden of proof, and penalty. Substantive law refers to the body of law that spells out the elements of a criminal act, while procedural law are the rules that set forth how the substantive laws are to be enforced.  The hierarchy of law has been established today to include federal, state, and city or county law.  The two essential elements of crime are mens rea(guilty mind) and actus reus (criminal act).  The Federal Bureau of Investigation maintains a Uniform Crime Reporting (UCR) Program that is divided into Part I and Part II offenses.  Part I Offenses, or index crimes, include murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.  This includes crimes against persons such as murder in the 1st degree, murder in the 2nd degree, voluntary manslaughter, involuntary manslaughter, forcible rape, robbery, and aggravated assault.  Also included are crimes against property, including burglary, larceny-theft, motor vehicle theft, and arson.  Part II offenses include simple assaults, forgery, embezzlement, prostitution, van­dalism, drug violations, and so forth.  Defenses for crimes in the court of law include all of the following: self-defense, age, entrapment, intoxication, duress, double jeopardy, and mental illness or insanity.

Objectives:

• Briefly explain how modern-day law evolved from English common law, and the differences between criminal and civil law
   
• Explain the difference between substantive and procedural law
   
• Provide examples of how outdated, unenforced laws are not always repealed from the statutes and ordinances
   
• Review two critical elements of the criminal law—criminal intent (mens rea) and the physical commission of the criminal act (actus reus)
   
• Delineate the definitions of, and distinctions between, felonies and misdemeanors, and Part I and Part II crimes
   
• Discuss the various defenses that citizens may offer to reduce or eliminate their criminal liability

Outline:

• Common Law and Its Progeny
   
  • Hammurabi
     
  • Israelites
     
  • Common Law
     
• Criminal and Civil Law
   
  • Criminal law: the body of law that defines criminal offenses and prescribes punishments for their infractions
     
  • Civil law: a generic term for all noncriminal law, usually relating to settling disputes between private citizens.
     
  • Heard in different courts
     
• Substantive and Procedural Law
   
  • Substantive law: the body of law that spells out the elements of criminal acts
     
  • Procedural law: rules that set forth how substantive laws are to be enforced, such as those covering arrest, search, and seizure
     
• Modern-Day Sources of Hierarchy of Law
   
  • Federal Law
     
  • State Law
     
  • City/County Law
     
• Essential Elements: Mens Rea and Actus Reus
   
  • Mens Rea- guilty mind
     
  • Actus Reus-criminal act
     
  • Rule for establishing criminal liability: did the defendant commit the actus reus element with the mens rea set forth in the particular criminal law
     
• Felonies and Misdemeanors
   
  • Felonies: offenses punishable by death or that have a possible sentence of more than one year of incarceration in prison
     
  • Misdemeanors: less serious offense and is typically punishable by incarceration for less than one year in a local jail
     
• Offense Definitions and Categories
   
  • FBI maintains a Uniform Crime Reporting (UCR) program divided into part I and II offenses
     
• Defenses
   
  • Defense: the response by a defendant to a criminal charge, to include denial of the criminal allegations in an attempt to negate or overcome the charges.
     
  • Self-Defense
     
  • Age
     
  • Entrapment
     
  • Intoxication
     
  • Duress
     
  • Double Jeopardy
     
  • Mental Illness/Insanity